Last 9 September, Ministerial Order no. 233/2022 was approved, which revises the regime for access to the Civil Service, thus altering the procedure for the competitive recruitment procedure, under the terms of article 37, no. 2 of the LGTFP, previously set out in Ministerial Order no. 125-A/2019, of 30 April.
Under the terms of the preamble of the present Ministerial Order, the recruitment activity is guided by two strategic objectives: (i) to make the best choices and recruit the most suitable workers, and (ii) to make the recruitment activity more efficient, giving it predictability.
With regard to the new alterations, it is important to emphasize some considerations regarding the regime, highlighting what was revised with the entry into force of the new Ministerial Order.
From the outset, we would like to draw attention to the fact that the regulations do not apply (i) to recruitment for work posts that must be occupied by workers integrated into special careers, under the terms of article 37, no. 3 LGTFP and (ii) to recruitment for management positions.
With the new alterations, the tender procedure, being urgent, now has the following modalities: (i) Common, for the immediate recruitment to occupy job positions foreseen, but not occupied, in the personnel chart of a public employer, provided that it is demonstrated that there is no approved candidate in the valid recruitment reserve for the job position. The need for the candidate to occupy the post and the respective budget forecast is also required; (ii) Centralised, with a view to the constitution of recruitment reserves for future use by a group of public employers, which is undertaken by the Directorate-General of Public Administration and Employment.
Thus, the procedure to constitute recruitment reserves, to satisfy future needs of the public employer, is excluded.
Furthermore, the recruitment of workers without a binding public employment contract or with a binding public employment contract for a fixed term depends on the prior authorization of the competent members of the Government, whenever the law requires this.
In the scope of the common tender procedure, the jury, composed, in an odd number, of a minimum of three effective members, does not need to be composed of workers from the entity that conducts the procedure and/or from another body or service, although the Ministerial Order imposes certain rules for its designation, in articles 8 and following.
Moreover, the publication of the procedure, provided that it is not made by the extract from the Diário da República, must contain the remuneration position and the number of positions to be filled by persons with disabilities, in addition to the other elements already provided for above.
Among the novelties in the sphere of selection methods, it should be noted that it is still possible to apply, in accordance with article 36 LGTFP, (i) the knowledge test, (ii) the psychological evaluation, (iii) the curricular evaluation and (iv) the interview to evaluate the competences required to perform the function. The psychological assessment is therefore conducted by the Directorate-General of Public Administration and Employment, notwithstanding the fact that it may be conducted, whenever the procedure by the latter entity is not feasible, by the public employer responsible for recruitment, using its own technicians with the appropriate academic qualifications and training or through a specialised entity.
In the other methods, considered only optional – and not complementary – the professional selection interview is excluded, keeping (i) the portfolio skills assessment, (ii) the physical tests, (iii) the medical examination and (iv) the specific training course.
The evaluation methods follow specific rules of application and valuation already set out in 2019 and without major changes in 2022.
In the field of the centralised tender procedure, the Regulation now states that their ultimate goal is to create recruitment reserves of civil service workers, which may be to fill posts for an indefinite or resolutive, fixed or uncertain term.
In the same way as the common procedure, the rules on the constitution of the jury and publicising apply in this case. On the other hand, only the knowledge test and psychological evaluation methods are applied.
The recruitment reserve, which is valid for 18 months from the homologation of the final order list, is integrated by the candidates approved for the respective professional profile, according to their order, it is understood that their inclusion does not determine the immediate constitution of a public employment contract. Despite its period of validity, the reserve can be terminated before the end of the term whenever, due to a shortage or non-existence of approved candidates on the reserve list, the opening of a new centralised procedure is determined.
Finally, the Ministerial Order in question only applies to tender procedures that are published after the date on which it comes into force.
João Villaça, Leonor Frazão Grego | DCM Littler
