Government denies that two negative evaluations give dismissal

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Case is long and has several steps to protect the funcionárioO government denies that the new disciplinary status of the civil service stipulates that employees can be fired after two consecutive negative performance evaluations. It is that between one stage and another, many steps that will protect the rights of the employee.

The new disciplinary status has been approved in general by the Council of Ministers this Thursday, and was explained at a press conference by the Minister of State and Finance, and the Secretary of State for Public Administration. "First of all, it is important to clarify that it is not true that two consecutive negative evaluations automatically give rise to dismissal," said the Minister Teixeira dos Santos so he began to speak.

The minister justified the new status as necessary to ensure that the objectives of the reform of the public administration are achieved: provide a better quality of service and dealing with a more fair and equitable public officials.

A negative evaluation requires adequate training

Indeed, the new statute establishes several steps as necessary so we can reach a situation of dismissal of the employee. After a first negative evaluation, the official will have adequate training, so that they can improve their performance. Only the lack of adequate training will be enough to remove the fault of the employee.

If repeat the poor evaluation, then place a process of investigation to examine whether the assessment is due to negative behavior fault of the employee, or if he acted with negligence, fraud or negligence. This sets breach of the duty of care and, to confirm itself, will be introduced disciplinary proceedings, which may or may not result ultimately a decision of dismissal.

Breach of the duty of zeal only gives dismissal was to blame for the official

One of the main changes brought by the new statute passes through the inclusion of non-compliance of targets in the definition of breach of duty of care. A change that reflects the fact that the fulfilment of objectives and skills already contain the rules for evaluating performance. "The breach of the duty of care and behaviour fault will be assessed case by case," explained John Figueiredo.

One of the news, which seeks to protect workers, is it enlarged the intervention of the lawyer in this whole process, it may be present logo at the stage of interrogation. It also is possible to provide information to the committee structure of workers and trade union to which the employee is affiliated.

Civil service workers closer to the general

The Secretary of State for Public Administration, Joao Figueiredo, explained that it was necessary to adopt the new status to place employees with different schemes linking (appointment and contract) on an equal footing. "The government believes it is necessary to protect the interests of public nature. If the duty of all employees are equal, the disciplinary status should be equal, "defended.

The same responsible reminded that, "since the current status is in force, many related matters were approved and updated, including the Labour Code, which also has a disciplinary regime, much different from the civil service. That required an approximation, not total, but some approximation of the civil service status to the status of workers in general. "