The procedure for dismissing civil servants has several features, in contrast to the procedure for dismissing employees described in the Labor Code of the Russian Federation. The procedure for dismissing a civil servant is described in Federal Law No. 79 “On Civilian Civil Service in the Russian Federation”.
Grounds for dismissal of a civil servant
When an official is dismissed, it is not the employment contract that is terminated, but the civil service contract. The grounds for its termination are provided for:
- expiration of an already concluded contract.
- termination of the contract by agreement between the employee and the employer.
- death of a civil servant and other circumstances, the occurrence of which does not depend on the will of the parties to the contract.
- the initiative of the dismissed or his employer.
- transfer to work in another state body, structure or institution.
- refusal to move with the organization to another area.
- loss of Russian citizenship.
- non-compliance with the restrictions and prohibitions established by law.
- resignation from another position given to him for medical reasons.
During the probationary period, the management has the right to dismiss an official at any time by notifying him in writing about this 3 days in advance. Likewise, an official can resign whenever he wants by submitting an application to the employer 3 days before the dismissal.
Compulsory service before dismissal
Like an ordinary employee, a civil servant is obliged to work 14 days from the date of filing an application for resignation from the civil service. The following situations are exceptions:
- retirement;
- termination of the contract by mutual agreement between the employee and the manager;
- enrollment in an educational institution;
- deterioration in health, which makes it impossible to continue service;
- election to another position;
- other valid reasons.
Order of dismissal of a civil servant
The personnel department of a state body is obliged to issue an order on the dismissal of a civil servant on the basis of his application or on other grounds. At the same time, the text of the order contains references not to articles of the Labor Code of the Russian Federation, but to articles of the "Law on Civil Service".
In the work book, an entry about the reason and grounds for dismissal is made with reference to paragraphs of Article 33 of the "Law on Civil Service". On the day of dismissal, the former civil servant is issued a special memo reminding him to comply with certain rules of conduct and the need not to disclose information containing state secrets.
On the day of dismissal, the official is obliged to receive the following payments:
- pay for the worked period;
- compensation for unused vacation;
- additional federal, regional and local payments.
If the termination is due to a layoff, the employee is paid a severance pay of 4 months' wages. In some cases, an official can count on this even when dismissing for health reasons.
