TERMINATION BY THE PUBLIC EMPLOYEE WITH PRIOR NOTICE

» Notion

Termination of the public employment relationship by the public employee irrespective of the existence of a just cause

» Form

It takes the form of cancellation, in the case of the public employee being holder of an employment contract in public functions and the form of resignation in the case of being holder of an appointment

» Procedure

- If the contract is for an indefinite period of time, written communication shall be addressed to the employer entity with a minimum of 30 or 60 days, in advance according to the public employment relationship has lasted for less or more than 2 years, respectively

- If the contract is of a fixed or unfixed term, the time limit of prior notice is of 15 or 30 days, according to the employment relationship has duration lower or higher than 6 months, respectively

- If it deals with of a lifetime appointment, the termination of the employment relationship shall occur on the thirtieth day calculated as from the date of submission of the written request of the resignation

Note

For calculation of the time limit of prior notice, in the case of unfixed term employment relationship, the actual duration of the employment relationship shall be taken into consideration

» Non-compliance

The non-compliance of the prior notice confers the employer entity the right to be indemnified by the public employee to the amount corresponding to the basic salary of the missing prior notice period