TERMINATION BY THE PUBLIC EMPLOYEE WITH JUST CAUSE

» Notion

Termination of the employment relationship for the verification of facts or circumstances relating to the employer or to any of the parties that, for their relevance may compromise the maintenance of the employment relationship

» Just cause

The situations of just cause are illustrative but only the situations of just cause related to the employer are associated to the duty of indemnifying the public employee

» Weighting of circumstances

The just cause for a fact imputable to the employer translates a culpable infringement of public employees? rights; the weighting of the unfeasibility of the maintenance of the public employment relationship shall take into consideration all circumstances that show to be relevant

» Procedures

The invocation of just cause is made in writing by the public employee within the 30 days subsequent to become aware of the fact that substantiates the just cause; the case of the failure to pay the compensation in due time shall be excepted where the employer must be notified as quickly as possible

» Financial effects

The termination of the employment relationship with just cause by fault of the employer gives the public employee the right to an indemnity corresponding to a value ranging between 30 to 60 days of monthly basic salary for each completed year of seniority, but not lower than 3 months of the monthly basic salary; the year?s fraction shall be calculated proportionally

If it deals with of a term public employment relationship, the indemnity shall never be lower than the amount corresponding to compensations falling due

» Challenge by the employer

Within the time limit of one year calculated as from the public employee?s declaration, the employer may judicially challenge the termination of the employment relationship

The challenge may only be based on facts invoked by the public employee to justify the just cause but this one, once, may redress the existing vices until the term of the time limit to contest the challenge

If the just cause is not proven, the public employer is entitled to an indemnity whose value is equal to that one which would receive if the public employee would have opted for the termination of the employment relationship with prior notice and would have not complied with the prior notice?s time limit