termination of the public employment relationship
Common causes for termination of the employment relationship are as follows:
- Termination for disciplinary reasons;
- Termination by the public employee with prior notice;
- Termination by the public employee with just cause.
The public employment relationship expires, namely in the following cases:
- With its term;
- In the case of absolute and definitive supervening impossibility of the public employee to perform his/her work;
- With the public employee’s retirement, for old age or disability, or, in any case, when the public employee completes 70 years of age.
The public employment relationship may terminate by agreement between the public employee and the public employer, once the following requirements are met:
- Once the obtaining of efficiency gains has been proven and the permanent reduction of expense for the public employer, namely for the demonstration that the public employee shall not require substitution;
- Demonstration of budget availability, in the termination year, to bear the expense inherent to the pay to be granted to the public employee.
The termination agreement shall depend upon previous authorization of members of the Government responsible for finance and public administration areas and the member of the Government who fulfils management or supervision powers over the public employer.
The termination’s agreement shall discriminate the amounts paid, on an offsetting basis for termination of the employment relationship and, where appropriate, those resulting from credits already overdue or that have fallen due, by virtue of that termination.
The public employment relationship may terminate in the case of disciplinary infraction that makes its maintenance unfeasible. Such employment relationship termination operates by dismissal, respectively in the forms of employment contract in public functions and appointment.
On the other hand the public employment relationship may terminate at the public employee’s initiative:
By cancellation (employment contract in public functions) or resignation (appointment) at the request of the public employee, irrespective of just cause, by way of written communication addressed to the public employer (prior notice);
- By declaration of termination of the employment relationship due to just cause made in writing, with brief indication of facts justifying it, within the 30 days subsequent to the awareness of these facts.
Termination of the public employment relationship established by limited executive tenure at the initiative of either party, with a 30 days' prior notice, is also a specific employment relationship cessation cause.
Succeeding such employment termination the employee returns to his/her position of origin (prior legal situation) when established for an indefinite period of time or the public employment relationship ceases and there is the right to an indemnity when a special law provided for it.
Following a public employment relationship termination a work certificate, as well as, other documents for official purposes, namely those provided for in social protection legislation shall be granted to the employee by the public employer.