What are your rights in the event of downsizing in the state?
What decides who has to leave if there is a downsizing in a state enterprise? What can NITO help you with in such a situation? We will take you through the rules and what rights you have.
Objective reason for downsizing
A dismissal must always be objectively justified, even in the case of a downsizing. Government employees can be dismissed when the dismissal is objectively justified by the circumstances of the enterprise. Examples can be funding cuts, streamlining, cessation of external funding and relocation of the workplace over a longer distance.
Is there other suitable work?
A dismissal is not justified if the employer has another suitable position in the company to offer the employee. In order for a position to be considered suitable, you must have the necessary professional and personal qualities for the position, or that these can be acquired through appropriate additional education.
Prior notice
Before the employer submits a case of dismissal to the appointing body, the employee must be given advance notice of dismissal. The advance notice must contain the information necessary for you to be able to safeguard your interests.
Processing by the appointing body
You can provide a written statement to the appointing body before the case is processed. You can also present the case orally at a meeting of the appointing body, together with a union representative or adviser. The appointing body is responsible for ensuring that the case is well informed before a decision is made.
Selection in the event of downsizing
The selection of who is to be dismissed must be objectively justified. Union representatives discuss the process before it becomes relevant to consider who should be dismissed. The main rule is that it must be chosen from among employees throughout the enterprise.
- Seniority: Seniority is an objective criterion that is given the most weight in the selection.
- Competence: The employer will often assess based on the employees' skills. It is important to show what skills you have.
- Social conditions: Social considerations are taken into account if individual employees come out of a downsizing situation very difficult.
Notice periods in the state
The notice period depends on how long you have been employed:
- One month in the first year
- Three months after one year
- Six months after two years
Termination in the state goes from date to date, unlike the private sector, where the deadline often runs from the first day of the month after termination.
Appeal against dismissal
If you believe that the dismissal is not objectively justified, you can appeal the decision within three weeks of being notified of the decision. The appeal is processed at a higher level, and you must first have used the appeal option before you can file a lawsuit.
Preferential
If you have been dismissed due to the circumstances of the enterprise, you have a preferential right to another suitable position in the state for up to two years after the expiry of the notice period.
In order to receive preferential rights, you must have been continuously employed by the enterprise for a total of at least twelve months in the last two years. You must also have the necessary professional and personal qualities for the position.
What can NITO help with?
NITO's lawyers can assist you in meetings with the appointing body, in the event of an appeal against the decision, and in connection with the initiation of legal proceedings. Conditions for legal assistance include that you have been a member of NITO for at least three months prior to termination.
