Regulation and use of horizontal mobility

Permanent horizontal transfers must only involve positions of the same category and level

Review of legislation prescribing the criteria and procedures to manage horizontal mobility of public servants in the central government administration. Both primary and secondary legislation are analysed. For the assessment, only general legislation on the public service is analysed. It may include a law on the civil service, and/or the general law on the public service, if it exists. Provisions of the labour law that may apply to the horizontal mobility of public servants are only considered if there is an explicit reference to them in general legislation on the public service, or if the labour law is the general law regulating employment in the public service. Special legislation that may apply to some groups of public servants in the central government administration is not considered for the analysis. If there are separate provisions regulating recruitment to top management public service positions, they are not considered. The analysis must determine whether permanent horizontal transfers can only take place between positions of the same professional category and level and public servants concerned must fulfil the job requirements so they can perform the job tasks well. Promotions, demotions, or mobility decisions related to the disciplinary or sanction regimes are excluded.

Legislation establishes clear and fair grounds for permanent horizontal transfers

Review of legislation prescribing the criteria and procedures to manage horizontal mobility of public servants in the central government administration. Both primary and secondary legislation are analysed. For the assessment, only general legislation on the public service is analysed. It may include a law on the civil service, and/or the general law on the public service, if it exists. Provisions of the labour law that may apply to the horizontal mobility of public servants are only considered if there is an explicit reference to them in general legislation on the public service, or if the labour law is the general law regulating employment in the public service. Special legislation that may apply to some groups of public servants in the central government administration is not considered for the analysis. If there are separate provisions regulating recruitment to top management public service positions, they are not considered. The analysis must determine whether legislation regulates explicitly the grounds for permanent horizontal transfers of public servants and whether the grounds are fair. Fair grounds for permanent horizontal transfers include organisational needs stemming from restructuration or organisational change of public bodies based on objective technical, financial, economic, and organisational reasons (for example, downsizing due to austerity measures, obsolescence of organisational functions and jobs due to technological evolution e.g., digitalisation); individual professional development needs identified in the performance appraisal process, or individual objective circumstances of public servants (e.g., a situation of conflict of interest, family reunification, etc.). Promotions, demotions, or mobility decisions related to the disciplinary or sanction regimes are excluded.

Legislation provides for objective and non-discriminatory criteria to make individual decisions about permanent horizontal transfers

Review of legislation prescribing the criteria and procedures to manage horizontal mobility of public servants in the central government administration. Both primary and secondary legislation are analysed. For the assessment, only general legislation on the public service is analysed. It may include a law on the civil service, and/or the general law on the public service, if it exists. Provisions of the labour law that may apply to the horizontal mobility of public servants are only considered if there is an explicit reference to them in general legislation on the public service, or if the labour law is the general law regulating employment in the public service. Special legislation that may apply to some groups of public servants in the central government administration is not considered for the analysis. If there are separate provisions regulating recruitment to top management public service positions, they are not considered. The analysis must determine whether legislation includes the criteria on which individual decisions about public servants benefitting from or affected by permanent horizontal transfers are made and whether such criteria are objective and non-discriminatory. Namely, the criteria refer to objective facts or circumstances not related to individual subjective preferences of the employer. Objective facts or circumstances may include the performance appraisal results, seniority in public service, protected characteristics such as disability, or protected circumstances such as pregnancy or care of small children. Promotions, demotions, or mobility decisions related to the disciplinary or sanction regimes are excluded.

Legislation provides for objective grounds and fair procedures for temporary mobility

Review of legislation prescribing the criteria and procedures to manage horizontal mobility of public servants in the central government administration. Both primary and secondary legislation are analysed. For the assessment, only general legislation on the public service is analysed. It may include a law on the civil service, and/or the general law on the public service, if it exists. Provisions of the labour law that may apply to the horizontal mobility of public servants are only considered if there is an explicit reference to them in general legislation on the public service, or if the labour law is the general law regulating employment in the public service. Special legislation that may apply to some groups of public servants in the central government administration is not considered for the analysis. If there are separate provisions regulating recruitment to top management public service positions, they are not considered. The analysis must determine whether legislation includes objective grounds such as temporary organisational needs, temporary increase in the workload, circumstances of force majeure, or professional development needs. Promotions, demotions, or mobility decisions related to the disciplinary or sanction regimes are excluded. Legislation must also include fair procedures to manage temporary mobility. Fair procedures include objective criteria on which to base individual decisions, as defined in criterion 3, and the fact that public servants affected by temporary mobility cannot have a negative impact on their salary, except for salary supplements for specific work conditions that do not apply to the position where the public servant is temporarily assigned (e.g., night shift).

Legislation establishes the right of public servants to appeal horizontal mobility decisions

Review of legislation prescribing the criteria and procedures to manage horizontal mobility of public servants in the central government administration. Both primary and secondary legislation are analysed. For the assessment, only general legislation on the public service is analysed. It may include a law on the civil service, and/or the general law on the public service, if it exists. Provisions of the labour law that may apply to the horizontal mobility of public servants are only considered if there is an explicit reference to them in general legislation on the public service, or if the labour law is the general law regulating employment in the public service. Special legislation that may apply to some groups of public servants in the central government administration is not considered for the analysis. If there are separate provisions regulating recruitment to top management public service positions, they are not considered. The analysis must determine whether horizontal mobility decisions for which the consent of the public servant was not necessary can be appealed, and, if so, whether an appeal can be filed to the court or only to an administrative appeal instance. Promotions, demotions, or mobility decisions related to the disciplinary or sanction regimes are excluded.

Availability of information on mobility opportunities and procedures

Review of a website with updated information on horizontal mobility opportunities and procedures in the public service if it exists. The website must fulfil the following minimum requirements: a. It must include information on horizontal mobility opportunities and procedures for all the horizontal mobility modalities contemplated in public service legislation. Promotions, demotions, or mobility decisions related to the disciplinary or sanction regimes are excluded from the analysis. b. It must encompass horizontal mobility opportunities in all public bodies employing public servants in the central government administration. c. Public servants working in the central government administration have access to the website. d. Information on horizontal mobility opportunities is updated (there are no outdated announcements). e. The website includes information on horizontal mobility procedures, which is updated according to the legislation in force. At a minimum, it must include a link to the relevant by-laws or protocols.

Monitoring of horizontal mobility

Analysis of reports on the horizontal mobility of public servants in the central government administration in the last full calendar year. Promotions, demotions, or mobility decisions related to the disciplinary or sanction regimes are excluded from the assessment. It is considered that information or data in the report is complete if it fulfils at least the following requirements: a. It comprises data on all the horizontal mobility modalities contemplated in legislation. b. It includes data on the horizontal mobility of all public servants employed in the central government administration (at least, the total number of public servants who benefitted or were affected by horizontal mobility procedures in the last full calendar year, by type of procedure).