Public Sector Employment Rights and Regulations

Special Obligations of Headquarters

• To exercise permanent hierarchical control over the operations of institutions and the performance of their dependent staff.
• To permanently ensure compliance with established plans and the implementation of regulations.
• To monitor and control the powers they delegate.
• To perform their duties fairly and in accordance with clear, objective instructions of general applicability.

Void Appointments

The appointment of an incompetent person is void. The law mitigates the invalidating effect by recognizing that it does not require the refund of payments for services rendered, provided that the oversight regarding the appointee's incompetence is not attributable to the appointee.

Right to Employment

An individual appointed to a position in the State administration has the right to perform the work for which they were appointed. The authority cannot prevent them from fulfilling their duties.

Employment Stability

All staff have the right to continue in office unless there is a legally defined cause for their termination. The following categories lack the right to job security:

• Trust officers
• Temporary staff
• Officials on probation
• Senior management

Paid Leave

Officials are entitled to apply for leave from work for specific reasons, up to six days per calendar year, with full pay. These permits can be taken for full days or half days.

Unpaid Leave

For special reasons, the Administrative Statute allows for up to six months of unpaid leave per calendar year. The Statutes for Municipal Officials allow for up to three months per calendar year. If the leave is for staying abroad, it can be extended up to two years. An official on unpaid leave does not lose their official capacity; they maintain their status and permission under the law.

Annual Paid Holiday

The annual paid holiday is intended to allow employees to recover energy expended during their years of work. Therefore, taking this break contributes to good performance and benefits the organization.

Medical Leave

Medical leave grants officials the right to take leave or reduce their working hours for a specified period to address health restoration, as required by a certified professional surgeon, dental surgeon, or midwife, as appropriate.

Maternal Immunity

Maternal immunity is the right of every pregnant employee not to be dismissed during her pregnancy or until one year after the completion of the postnatal period, unless authorized by a judge.

Maternity Protection Provisions

The law provides for comprehensive maternity protection for women, including:

• Maternity leave
• Extra rest periods
• Father's right to leave (paternity leave)
• Sick leave for child care
• Maternal immunity
• Access to nursery facilities
• Time for breastfeeding breaks
• Right to rest for child care support

Maternity Leave Details

Maternity leave typically consists of six weeks before birth and twelve weeks after. A medical certificate or midwife's statement is required, confirming that the pregnancy has reached the specified period. If the mother dies during childbirth or within the postnatal leave period, the remaining leave is transferred to the father for the child's care. While the father does not enjoy maternal immunity, he is entitled to this leave.

Nursery Facilities

Establishments employing twenty or more workers, regardless of age or marital status, must provide rooms attached to and independent of the workplace. These rooms are for women to feed their children under two years of age and to leave them while they are at work.

Workplace Accidents

Workplace accidents include those occurring directly, on the way to or from the place of residence and work, and those suffered by trade union or staff association members arising out of or in connection with the execution of their union duties.

Remuneration and Pay-offs

This section describes the features of cash pay-offs that a public employee is entitled to receive by reason of their employment or function. The general rule is that officials are entitled to receive remuneration and other allowances for the provision of their services, charged regularly and completely for the time they have actually worked.