Termination of service: what will and won’t happen to you?

Service relationship – what does it actually mean?

A service relationship is not an ordinary employment relationship under the Labour Code. A service relationship is a relationship between people in official or security roles – from police officers, soldiers and firefighters to civil servants. These people have a specific position because they serve the state, not a commercial company, so the state has the role of employer.

In addition to the work schedule, the service is governed by strict rules and laws that ensure fair and transparent treatment of all those who carry out this type of employment. Employees subject to the service relationship are remunerated for their work by salary according to grade, not by wages. Indeed, only private sector workers are entitled to a salary.

Who sets the rules of the game?

The rules of the game are precisely defined in the field of the civil service. They are primarily decided by the Civil Service Act or the Law on the Service of Members of the Security Forces. Knowing which of these laws applies to you is key – each sets out specific conditions for each type of employment, whether you are in the civil service as a civil servant or in the uniformed services as a member of the prison service, for example.

When can you pack your drawer or grounds for dismissal

Termination of service is governed by strict rules. The main grounds for dismissal include:

• Personal reasons – You may want to move to another job or are looking for a career change. If you are giving notice (requesting dismissal) yourself, the law does not prevent you from doing so, but you must comply with all the formalities and notice periods.
• Organisational changes – Sometimes there are reorganisations or job cuts. Such changes can lead to termination without the employee’s fault. In such cases, you are entitled to severance pay, which is based on length of service.
• Serious insubordination – Conduct contrary to the Service’s policies may result in termination. Typically, this is when an employee seriously violates the Staff Regulations or his/her behaviour and actions pose a threat to the security of the sector.

If you believe that the termination was unjustified or unfair, you may be able to defend yourself against it in court. An action for unfair dismissal is a common procedure that protects employees from being terminated without cause. If the court rules in your favour, the dismissal can be quashed and you can be reinstated or receive financial compensation.

How do I resign?

If you have decided to resign on your own, it is important to know the exact procedure. Members of the security forces submit a request for dismissal and the relevant service official issues a dismissal decision based on this.

The notice of dismissal must be given in writing and delivered to the department responsible for administration and personnel management. Normally, a registered letter will suffice, but in some cases a personal appearance or verification of signature may be required.

How long is the notice period in the civil service?

The period of notice varies, usually lasting several months to give the employee time to prepare for the change. The law sets out how long the notice period is for each case – usually around two to three months. The notice period can sometimes be shortened by agreement between the employee and the employer if both parties agree to the change.

Wondering when an agreement can be made? Generally, if the employer has no reason to keep the employee, they will often allow the employee to leave early. However, such cases are individual and depend on the specific conditions of each position and the employer’s current needs.

Alternatives to termination: reassignment or part-time

If the situation does not call for immediate departure, alternatives other than termination may be considered. In some cases, the employee is reassigned, even if of his or her own volition, to another position or department. Another option available to a serving employee is part-time employment, should the termination be due, for example, only to a partial reorganisation.

What can you expect when you leave? Entitlements and severance pay

You are not left destitute when you leave the service. He is entitled to:

• Severance pay – If the termination is the result of organisational changes, the employee is entitled to severance pay as guaranteed by law. The amount of severance pay depends on the length of service and is again set by law to ensure fairness.
• Reimbursement of untaken leave – You will be reimbursed for untaken leave. This step is common and worth remembering if you have leave that you have not taken.
• Other entitlements and fringe benefits – You may be entitled to other benefits while in service, which may include, for example, service-related fringe benefits or a pension, which translates into financial security (retirement pay) at the end of your service.

Who is protected by law from dismissal?

The Civil Service Act and the Law on the Service of Members of the Security Forces protect certain employees in certain situations from being subjected to unfair termination. For example:

• Sickness – While you are on sick leave, you cannot be served with notice. This protection is to prevent instances where an employee’s illness puts their job in jeopardy.
• Maternity and parental leave – The law protects people on maternity and parental leave so that they have the security of returning to work when their leave ends.

If you are in either of these categories, you have the assurance that you cannot be terminated until these specific conditions have passed.

The impact of dismissal on your career

Termination of employment is not the end of the world. On the contrary, it can be an opportunity to explore new career options. You have acquired specific knowledge and skills in the civil service that you can certainly use in civilian life. There are retraining courses, and if you are interested in continuing in a similar field, the state may recommend you for another area of the public sector.

Remember that leaving the civil service opens new doors for you. Your skills and experience can be a valuable asset in other fields.

If you feel that your dismissal is unjustified or unfair, it may be helpful to consult with one of our lawyers who can help you with an assessment and any legal action to invalidate your dismissal. Your lawyer can also help you with mediation and, if necessary, negotiating the terms of your termination.

Summary

A service contract is a specific type of employment relationship to which employees in the civil service and security forces are subject. The service relationship is different from a regular employment relationship and is governed by special laws. Each reason for termination entails specific procedures and possible claims. When dismissed for organisational reasons, the employee is entitled to severance pay. Untaken leave must always be paid to the employee. In some cases, other benefits such as increments or retirement benefits also apply. In the event of unfair dismissal, an action may be brought to declare the dismissal null and void and to claim reinstatement or financial compensation.