6.4.2. Ombudsman’s decisions non favourable to complainants Case Q-7605/14 et al. Entities addressed: Various Date: 2016.09.26 Subject: Effects of the leave of absence for long-term illness on the right to vacation Workers admitted as public servants until 2006, and enrolled at the Caixa Geral de Aposentações (CGA), benefit from a special scheme of social protection, while workers admitted afterwards are covered by the common Social Security scheme. This circumstance often raises confusion on what legal provisions are still in force or on whether the general rules of the Law of Labour in Public Functions (LLPF) are applicable to the first group of workers. In this case, it was doubtful whether article 278 of the LLPF – that prescribes the suspension of the public employment contracts after a month of absence due to reasons non attributable to the employee (namely, long term illness) – was also applicable to workers enrolled in the CGA. This would have important consequences in regard to vacation days: as the contract is suspended, the worker does not earn the right to enjoy the same number of vacation days as he would, if the contract was considered active. The Ombudsman concluded that the discipline especially applicable to the workers enrolled in the CGA did not cover the problem of the suspension of the contract in case of prolonged absence due to illness, neither did it rule out the application of the general rules of the LLPF. Therefore, article 278 of the LLPF should apply to all workers, regardless of the social protection scheme they are covered by. • Case Q-1073/16 Entities addressed: General Directorate of Natural Resources, Safety and Maritime Services Date: 2016.02.29 Subject: Recruitment procedure for a leading position. Notifications A candidate to a position as an intermediate director complained to the Ombudsman stating that, since her application was admitted, she had not received any communication or notification from the jury, namely she he had not been notified to attend the public selection interview, which is a compulsory selection method. | 141