The rules for dismissal are different for civil servants and employees on a contract. As stated before, the employment contract is regulated by the Civil Code and the appointment of a civil servant by the LMA.
Besides dismissal being the ultimate disciplinary measure, civil servants can only be dismissed on a limited number of grounds. Dismissal is regulated in articles 95 - 101 of the LMA. Only the Governor, as the authority that is competent to hire the civil servant, can fire him by decree. Following are the different grounds for dismissal.
Dismissal upon own request
When a civil servant wants to resign he has to give notice. The discharge is given at least one month and a maximum of 3 months, after receipt of the request.
Civil servants in temporary service for a specified term or on a trial period, are considered to be honorably discharged at the end of that term.
Civil servants in temporary service, for an unspecified term, can be honorable discharged if given proper notice. Notice is 3 months, if one has worked for more than 12 months. 2 months notice is required if one has worked between 6 and 12 months, and 1 month if one has worked for less than 6 months.
Pension age dismissal
Honorable discharge is also given at the age of 60, which is the pensionable age for civil servants. For more details on pension, see section E, benefits. If Government wants to retain an employee who has reached the age of 60, this can only be done by means of an employment contract.
Reorganization or downsizing
Civil servants can be dismissed as a result of reorganization or downsizing. Discharge for this reason requires proper notice. Notice is 3 months for civil servants who are in permanent service. Notice for civil servants in temporary service is equal to the notice listed under ‘temporary service’. During this period Government has an obligation to see whether the employee can be placed elsewhere within government service. If this is not possible the civil servant is dismissed and is entitled to reduced pay (see section E under ‘reduced pay’).
Aside from the grounds listed above, a civil servant can also be dismissed on the following grounds:
- loss of a required prerequisite for his/her position unless that prerequisite was only required at the moment of appointment;
- when placed under legal guardianship as a result of an irrevocable ruling by the courts;
- when arrested, as imposed by an irrevocable ruling by the courts, due to an inability or unwillingness to pay for one’s debts;
- an irrevocable conviction which leads to imprisonment, due to a criminal offence;
- permanent inability to fulfill one’s position as a result of illness or deficiency;
- incompetence or ineptness for the position other than on the grounds of a mental or physical deficiency (a medical examination must be taken before issuing dismissal);
- when a required diploma for the position has not been acquired within the specified time.
Termination of employment contracts
Dismissal of employees on contract is regulated in the Civil Code. Unlike the LMA the Civil Code does not have a limited list of grounds for dismissal. In order to terminate an employment contract Government has to give one month’s notice and have a reasonable cause. The competent authority here is not the Governor, but the Minister.
Considering the fact that (almost) all our policies are applied to civil servants and employees on contract in the same way, it is safe to conclude that reasonable causes to terminate an employment contract are the same as causes for which a civil servant would be dismissed.