WHAT TYPES OF TRANSFER ARE AVAILABLE?
- in the interest of the service
- at the request of the civil servant
TO WHICH POSITIONS CAN A CIVIL SERVANT BE TRANSFERRED?
• to a vacant civil service position at the same level, while maintaining the civil servant’s category, class and professional grade;
• to a vacant civil service position at a lower level:
o for executive civil servants: a civil service position with a professional grade lower than that of the position held, or a position in a lower class;
o for management civil servants: a management civil service position hierarchically lower than the position held, or any executive civil service position.
In the case of senior civil servants, a transfer may only be ordered to a management or executive civil service position.
WHAT ARE THE REQUIREMENTS FOR TRANSFER?
• to meet the education and professional experience requirements prescribed by law for occupying the civil service position;
• to provide, by means of a certificate or, as applicable, another type of document, proof of completion of a professional development or specialization program expressly required by law for occupying certain civil service positions;
• to meet the requirement concerning the obtaining of an endorsement or authorization, as provided by law, where such endorsement or authorization is mandatory for occupying the respective civil service position and is justified by the performance of duties requiring such endorsement or authorization;
• the public authorities or institutions to which the civil servant is transferred verify the requirements for the transfer, as well as the civil servant’s specific competencies set out in the job description for the civil service position to which they are to be transferred, in accordance with Article 21(1)–(7) of Annex No. 8 to the Administrative Code;
• by way of exception, for the civil service positions referred to in Article 383(2), where the transfer is to a civil service position within the same functional areas, verification of the specific competencies associated with that functional area, among those provided for in Article 28 of Annex No. 8 to the Administrative Code and specified in the job description of the position from which the civil servant is transferred, is not mandatory;
• public authorities or institutions approve internal procedures for verifying the requirements for carrying out the transfer and the specific competencies, which they publish on their own websites. The internal procedures must contain, at a minimum, provisions concerning the documents required for the transfer, the method for verifying compliance with the requirements for carrying out the transfer, and the method for verifying requirements for meeting the specific competencies under the conditions set out in Article 21(1)–(7) of Annex No. 8 to the Administrative Code.
INFORMATION ON TRANSFER IN THE INTEREST OF THE SERVICE:
• initiated at the request of the head of the public authority or institution where the civil servant will perform their duties;
• subject to the written consent of the civil servant;
• subject to the approval of the head of the public authority or institution in which the civil servant is appointed;
• where a transfer in the interest of the service involves moving to a locality other than the one where the public authority or institution from which the civil servant is transferred is headquartered, the transferred civil servant is entitled to:
o an allowance equal to the net salary calculated based on the salary received in the month preceding the transfer;
o 5 working days of paid leave;
o these entitlements are paid by the public authority or institution to which the civil servant is transferred, within no more than 15 days from the date on which the transfer is approved;
o civil servants whose domicile is in the locality where the public authority or institution to which they are transferred is headquartered are not entitled to the allowance.
INFORMATION ON TRANSFER AT THE REQUEST OF THE CIVIL SERVANT
• initiated at the request of the civil servant;
• subject to the approval of the head of the public authority or institution where the civil servant will perform their duties;
• the public authority or institution where the transfer at the civil servant’s request has been approved will promptly notify the public authority or institution where the civil servant currently performs their duties of the approval of the transfer request;
• within a maximum of 10 working days from receipt of the notification, the head of the public authority or institution where the civil servant currently performs their duties is required to issue the administrative act amending the civil servant’s service relationship, specifying the date on which the transfer takes effect;
• the effective date of the transfer at the civil servant’s request may not be later than 30 calendar days from the date on which the administrative act is issued.
• the public authority or institution where the vacant civil service position is located is required to publish on its website an announcement containing the job description corresponding to the civil service position, the method of verifying the specific competencies under the conditions set out in Article 21(1)–(7) of Annex No. 8 to the Administrative Code, the required documents and the registration period, as well as the date, time and location established for verifying the specific competencies required for the respective civil service position. The announcement is published at least 30 calendar days before the date established for verifying the specific competencies for the respective civil service position;
• by way of exception, in the case of senior civil servants, a transfer at the request of the civil servant is ordered by the person legally competent to appoint to the civil service position, at the reasoned request of the senior civil servant and with the approval of the head of the public authority or institution within whose structure the vacant management or executive civil service position to which the civil servant is to be transferred is located.