ILLEGALITY OF THE EMPLOYMENT RELATIONSHIP TERMINATION FOR DISCIPLINARY REASONS

» Dismissal’s challenge time limit

One year over the date of production of effects for the employment relationship’s termination

» Time limit to lodge a suspension’s protective order

30 days over the date of production of effects for the employment relationship’s termination

» Public employee’s rights for unfair dismissal

The public employee is entitled to be indemnified for all pecuniary and non-pecuniary damages that has undergone, to the current, hypothetical re-forming of the juridical-functional situation and to the compensations due since the date of production of effects of the sanction until the judicial final decision has been taken

The allowances due have the following deductions: the proceeds that the public employee has proven received with the termination of the employment relationship and that would have not received if the sanction were not enforced, the amounts of the unemployment allowance likely received and the compensation corresponding to the period that has run since the date of employment relationship’s termination until 30 days before its challenge (when the challenge has not taken place in that time limit)

As an alternative to the current, hypothetical re-forming of the juridical-functional situation the public employee may opt for an indemnity set by the court that shall correspond to an amount ranging from 15 to 45 days of basic salary for each completed year of seniority or fraction in the fulfilment of public functions, with a minimum of three monthly basic salaries

If the sanction is of limited executive tenure’s termination, to the aforementioned shall be added, the compensation corresponding to the missing time for the limited executive tenure’s termination, which shall be, at least, three basic salaries