Fenprof Takes Its Complaint Over the New Teacher Hiring Decree to the Ombudsman, Saying the Government Approved It Before the Compulsory Final Talks

Fenprof, the largest teachers' union federation, has complained to the Provedora de Justiça (the Ombudsman), Luísa Neto, that the Government broke the rules on collective bargaining when it approved Portugal's new system for hiring and placing state school teachers. The federation announced the complaint on 31 October, two days after a delegation met the Ombudsman. The complaint does not stop the new system, which President António José Seguro has already signed off; it is a challenge to how it was agreed.

What Fenprof says went wrong

The Council of Ministers approved the decree-law "na generalidade" (in general terms) on 30 July, and the Government's own statement that day said it was approved with a view to supplementary negotiation with the unions. Fenprof's case, set out in its note of 29 October, is that this was the wrong order. It had asked for supplementary talks on 27 July, the Government approved the diploma on 30 July, and the talks were held on 6 August. It also says the education minister did not attend that meeting.

Supplementary negotiation is a final round of talks that unions can demand when ordinary negotiation ends without agreement. Under Article 352 of the public sector labour law (Lei n.º 35/2014), once requested it is compulsory, may last up to 15 working days, and in sector talks must be chaired by the minister responsible for that sector. Article 348 binds both sides to negotiate in good faith.

The President promulgated the decree on 23 October, together with a revision of the inclusive education rules and a new legal regime for the national science system, stressing that the reforms need adequate people, equipment and money. Fenprof had asked him not to sign the hiring decree and now says he shares responsibility. Lusa's report, carried by Observador and RTP, included no response from the Government.

What the new hiring system changes

• Two contests instead of many. An annual national contest fills permanent posts, and a continuous contest (concurso contínuo) runs daily to cover temporary gaps through the school year.
• Applications at any time. Candidates can register or update their application whenever they like, so newly qualified teachers can join mid-year.
• Central placement. Hiring is run by the Agência para a Gestão do Sistema Educativo (AGSE), still ranked by professional seniority and qualifications (graduação profissional), without schools having to validate each appointment.
• Start date. The system begins in the 2027/2028 school year.

What it means for you

For parents, the Government's stated aim is to cut the time pupils spend without a teacher, but the hiring changes do not apply this school year. Families of children with special educational needs should note that the revised inclusive education rules are due to take effect from January 2027, once supporting rules are published, and create a single follow-up plan per pupil, the Plano de Desenvolvimento Integral (PDI). For teachers, the 2026/2027 placement rules stay as they are.

What the Ombudsman can do

Under the Ombudsman's statute, she has no power to annul or change a public act. She can make recommendations, and the body that receives one must say within 60 days whether it accepts it, giving reasons if not. Fenprof says it is waiting for the outcome and will also report the matter to Parliament. Our guide explains how anyone can complain to the Ombudsman, and our September report covers the teacher shortages behind the reform.