The Civil servant may be disciplinary dismissed

The supreme Court has held on 7th October 2015 (case number: II PK 259/14), that the civil servant, who seriously violates the basic duties of the employee, may be disciplinary dismissed. The case like that enables the employer to apply the provisions of the Labour Code instead of the provisions of the Civil Service Act. This means, that it is possible to terminate the contract of the employment without notice due to a fault of the employee on the basis of Article 52 paragraph 1 subparagraph 1 the Labour Code.

Earlier to achieve the purpose, it was necessary to conduct the disciplinary proceedings by applying the provisions of the Civil Service Act. As a result the employees in many cases have been dismissed by themselves to avoid a long lasting proceedings and alternatively ban on working in the civil service for five year and  the disciplinary proceedings had been eventually discontinued.

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