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Problems in legal regulation of release of officials from service

Author:
Issue 1996/4
Pg 172-174

Summary


Public Service Act provides for the legal status of state and local government officials in service relationships, excluding extension of employment contract to such relationships. However, upon termination of service relationships, officials are in many ways less protected than employees upon termination of employment contracts. First and foremost, this applies to giving advance notice of release from the service. The deadlines for release from the service provided by Public Service Act are much shorter than those prescribed by Employment Contracts Act: the longest deadline for release from the service on the initiative of an administrative agency is one month. An official need not be given advance notice of release due to inadequate language or communication skills or inadequate professional skills or if his or her state of health does not allow the official to perform his or her duties continuously as required. The procedure for payment of compensation upon release from the service is also questionable.

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