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.
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