Termination of service: what can and cannot you expect?

Quick overview

Notice of termination of service is governed by different rules than ordinary notice under the Labour Code. First, you need to determine whether you fall under the Civil Service Act or the Security Forces Service Act. The termination procedure, time limits, claims and defences depend on this. If you are leaving on your own, make a written request and have it acknowledged. If you are being dismissed by a service body, always ask for a written decision and check the reason, the instructions and the time limits for the defence.

Not sure if your dismissal is lawful? Send us the decision or draft notice for consideration. An attorney will explain what defenses you have and what deadlines you must not miss.

Service – what does it actually mean?

A service relationship is not an ordinary employment relationship under the Labour Code. People who hold official or security roles are in a service relationship – 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.

A common one that we see with service relationships is the automatic application of rules from the Labor Code. It’s just that the civil service is governed by specific laws and procedures. What would be a termination of employment for an ordinary employee may be a dismissal decision or other lawful means of termination of service for a member of the security forces.

As a practical matter, the most important thing is to correctly determine which law governs your relationship. A mischaracterization of the law may lead you to count the wrong period or assert the wrong defense. If you are unsure, send us your employment or service documentation and we will check which regime applies to you.

When to pack your drawer or reasons for termination

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

• Personal reasons – You may want to move to another job or are looking for a career change. If you are giving notice yourself (requesting dismissal), 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 some cases, you may be entitled to special benefits such as severance pay, separation pay or retirement allowance upon termination of employment. However, it always depends on which service law governs your relationship, the reason for the termination and the length of service.
• Serious insubordination – Conduct contrary to the service rules may result in termination of service. Typically, this is when an employee seriously violates service regulations and/or poses a threat to the security of the sector by his or her conduct and actions.

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.

We dealt with a case of a security force member who was dismissed for alleged misconduct. After reviewing the file, it became apparent that the service authority had not adequately described the specific conduct and had not considered the evidence in the client’s favor. In such situations, not only the reason for dismissal itself may be decisive, but also whether the correct procedure was followed and whether the decision is sufficiently reasoned.

It pays to act quickly in the case of service. The time limits for defending against a decision tend to be short and missing them can significantly narrow your options. Our attorneys can help you review the decision, evaluate the legality of the reason and suggest a course of action.

How do I file a notice of resignation?

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 decision on the basis of 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.

Do you want to leave the service without unnecessary disputes? We can help you prepare your termination of service request so that it is unambiguous, demonstrably delivered and does not cause you problems with any claims you may have when you leave.

How long is the notice period in a service relationship?

The notice period in the service varies, usually lasting several months to give the employee time to prepare for the change. The law sets out how long the notice period applies in 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 an employer has no reason to keep an 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, severance pay, redundancy payments and retirement benefits

When leaving the service, it is important to distinguish whether the service is the civil service, the security forces or another special service scheme. Entitlements differ not only according to the length of service but also according to the reason for termination. There is not always a right to ‘severance pay’ in the sense that we know it from the Labour Code.

In particular, it typically addresses:

• Untaken leave – if you are left with untaken leave at the end of your service, you need to settle the compensation according to the relevant legal regime.
• Severance pay or redundancy pay – some service relationships may give rise to a lump sum entitlement. The terms vary according to the law, length of service and reason for termination.
• Retirement allowance – security forces or soldiers may be entitled to a retirement allowance if the statutory conditions are met. However, it is not an automatic entitlement on each separation.
• Salary supplements and other entitlements – it is also advisable to check unpaid allowances, bonuses, compensation and other components of service income on leaving.

Who is protected by law from termination?

The Civil Service Law and the Law on the Service of Members of the Security Forces protect certain employees in certain situations so that they are not subject 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.

Checklist before leaving the service

Before you apply for termination of service or begin to deal with a dismissal decision, check the following points in particular:

• which law governs your service,
• whether you have received written and verifiable notice,
• what time limit applies to your case,
• whether you may be entitled to severance pay, redundancy pay, retirement allowance or other benefits,
• whether you have settled your leave, service income, allowances and other entitlements,
• whether the decision contains a specific reason, statement of reasons and notice of appeal,
• whether you are not time-barred from appealing, suing or otherwise defending the decision.

Summary

Termination of service needs to be handled differently from ordinary termination of service under the Labour Code. First, check whether you fall under the Civil Service Act, the Law on the Service of Members of the Security Forces, or another special regulation. This will determine the termination procedure, the time limits, the form of the decision and your financial entitlements. If you are leaving on your own, make your request in writing and keep proof of service. If you are dismissed by the service authority, check the statutory reason, the grounds and the defence instruction. The main issues to be dealt with on termination of service are untaken leave, additional service pay, any severance pay or retirement allowance. If you are in doubt about the lawfulness of the dismissal, act quickly as the time limits for defence may be short.