Public services can already negotiate wages with new employees to recruit, as long as there is "evidence of difficulty attracting workers to the job," reveals the preliminary version of the Decree-Law on Budget Execution (DLEO) of 2019.
The possibility of negotiating remuneration in the recruitment process has been provided for in the General Labor Law in Civil Service (LTFP) since 2014, but has been frozen in recent years and has been allowed again this year with the entry into force of the State Budget for 2019 (OE2019).
Now, in the Government's draft law that establishes the rules of application of OE2019, which Lusa had access to, the Government clarifies in which situations this wage negotiation can occur.
"The use and scope of the negotiation mechanism provided for in article 38 of the LTFP is allowed, if there is evidence of the difficulty of attracting workers to the function and due budgetary framework," reads the draft DLEO.
The draft diploma further clarifies in which situations the salary of current public administration workers can rise to the salary position immediately following the current one (the so-called mobility situations), a possibility also already foreseen in OE2019.
However, in OE2019, it is only foreseen as the only basis to increase workers in mobility in the category or to another organ "reasons of public interest", always requiring authorization from Finance.
The preliminary version of the DLEO establishes that this possibility also depends on the existence of a "budgetary framework" and clarifies that the increase in remuneration can occur when "there is a clear urgent need to fill a post without it being possible to resort to external recruitment, clear evidence of a decline in human resources ".
The two rules relating to the negotiation of remuneration require prior authorization from the Ministry of Finance, except for the regional and local administration bodies and services, where authorization is the responsibility of the president of the executive body of the autonomous regions and local authorities.