Within the framework of Bulgarian legislation, the termination of the employment relationship of a civil servant is a complex process, which is strictly regulated by the Civil Servant Act and other relevant normative acts. These rules ensure that the dismissal is carried out in accordance with the established criteria and procedures, with the aim of preventing arbitrary and illegal actions by the administration.
When a civil servant considers that he was unlawfully dismissed, either on disciplinary grounds or for other reasons for dismissal, he has the right to seek protection of his interests by filing a lawsuit and a lawsuit for unlawful dismissal. In this regard, compensation for the unlawful dismissal of a civil servant may include both restoration of work and financial compensation for the damage suffered and lost income.
The deadline for appealing a dismissal order is a critical aspect of the process that civil servants must follow carefully. They have the obligation to initiate legal action within the time limits set by law so that their claims can be heard by the competent court.
In the context of dismissal protection, the Civil Servant Act provides for a number of guarantees that provide civil servants with protection against wrongful dismissal. This protection aims to maintain stability and security in the state administration, as well as to protect the rights and interests of employees.
The reinstatement of a civil servant after successfully challenging the dismissal emphasizes the importance of compliance with established procedures and norms, as well as the responsibility of the administration to act within the framework of the law. In this regard, the role of qualified employment lawyersis indispensable, as they provide the necessary legal support and expertise to protect the rights of civil servants.
Illegal dismissal of a civil servant constitutes one of the serious obstacles to legality and justice within the framework of the public administration. It occurs when the appointing authority neglects or violates the established procedural steps, formalities or legal deadlines provided for the termination of the employment relationship. Examples of such violations include dismissal without the existence of a factual basis, lack of specificity as to the time, place and circumstances of the alleged violations, as well as an insufficient evidence base.
Disciplinary dismissal, as the most severe form of disciplinary punishment, requires the appointing authority to pay particular attention to the circumstances surrounding each particular violation. It is necessary to assess not only the severity and consequences of the violation, but also the overall behavior of the employee, as well as follow the specially established procedure to ensure the legality of the dismissal order.
In this regard, Law Firm “Kolybanekova & Partners” emphasizes the importance of immediate action in case of suspicion of illegal dismissal. We advise you to request from the appointing authority a copy of all documents related to the dismissal and contact an experienced lawyer specializing in labor and administrative law. The professional will analyze the documentation and provide you with an expert assessment of the merits of the dismissal and your options for challenging.
Protection against unlawful dismissal may include filing a lawsuit to cancel the dismissal order, seeking, through a court order, the restoration of the rights of the civil servant. In “Kolibanekova & Partners” we have the necessary expertise and experience to assist you in this process, ensuring the protection of your rights and interests by the force of law.
The distinction between the unlawful dismissal of a civil servant and a private sector worker is substantial and is based on the specific rules, procedures and legal deadlines that govern these two different categories of employees. The grounds for disciplinary responsibility and the types of disciplinary penalties for civil servants are detailed in Art. 89 and Art. 90 of the Civil Servant Act, where the specific violations and the corresponding penalties, including dismissal, are listed.
The main difference in the procedures for dismissing civil servants from those in the private sector lies in the obligation of the disciplinary punishing authority, before imposing a disciplinary penalty, to hear the civil servant and consider his written explanations and submitted evidence, as specified in Art. 93 ZDS. It is important to note that if these steps are not followed, the court can cancel the disciplinary punishment without considering the case on the merits, which is a significant aspect of the procedure for canceling the unlawful dismissal of a civil servant.
The procedural specifics of appealing the dismissal also differ significantly for civil servants compared to workers in the private sector. The term for appealing the order for dismissal of a civil servant, which by its nature is an individual administrative act, is 14 days, which is significantly shorter than the two-month period provided for employees in the private sector under the order of the Labor Code. This means that civil servants must act very quickly and decisively if they wish to challenge the illegality of their dismissal.
The most common violations of the Civil Service Law, which can lead to a successful appeal of illegal dismissal, are related to the disciplinary dismissal procedure. The basis of a successful appeal is often the incorrect application of the procedures provided for in the law, which includes:
Law firm “Kolybanekova & Partners” emphasizes the importance of strict compliance with legal requirements and procedures in disciplinary dismissal of civil servants. Our office provides professional support and legal assistance to civil servants who consider that their dismissal does not comply with the legal norms. Our specialists are focused on protecting the rights and interests of our clients, providing a thorough analysis of each situation and effectively representing government officials in the appeal process. Our experience and knowledge in the field of administrative and employment law are at your disposal to overcome the challenges associated with illegal dismissal.
The term for appealing the disciplinary dismissal of a civil servant is strictly defined and extremely short. The law provides that a civil servant has the right to file a complaint or a claim for protection against the decision to dismiss within 14 days of receiving the order to terminate the employment relationship. This period is imperative, and its omission may deprive the employee of the possibility of judicial protection against unlawful dismissal.
It is important for civil servants to be aware of this deadline and act quickly when obtaining a dismissal order, consulting with a lawyer specializing in labor and administrative law. Law firm “Kolybanekova & Partners” offers professional assistance and support to civil servants facing the challenge of disciplinary dismissal. Our specialists can assist you in the process of preparing and filing a complaint or claim against dismissal, as well as represent you in the legal process, seeking to protect your rights and interests in the most effective way.
Yes, in case of unlawful dismissal, you are entitled to compensation. If the court finds that the order to terminate your employment relationship is unlawful and cancels it, the appointing authority will be obliged to pay you compensation. This benefit is equal to the amount of your basic salary for the entire period during which you were not on duty, but is limited to a maximum of 6 months.
It is also important to note that if during this period you started another job, be it in the public sector or in the private sector, and the salary from your new position is lower than what you received before the dismissal, you are entitled to compensation in the amount of the difference between the two salaries. This means that if your new salary is lower, you will receive compensation that compensates the difference up to the amount of salary from your previous position, but still within the maximum 6-month period.
Law firm “Kolybanekova & Partners” emphasizes the importance of timely seeking qualified legal assistance in cases of illegal dismissal. We are ready to offer you professional support and advice, as well as assist you in the preparation of all necessary documents and representation before the court to ensure that your rights are protected and that you get the compensation you deserve.
Yes, the time during which a civil servant was illegally dismissed and until the moment of his return to work is recognized as seniority. This is important for your employment and social rights, as the length of service affects the amount of pension, vacation entitlements and other social benefits.
Problems that arise with illegal dismissal and its subsequent appeal can be complex and require a specialized approach. Law firm “Kolybanekova & Partners” has extensive experience in the field of labor and administrative law, especially in the protection of civil servants dismissed illegally.
Thanks to our meticulous approach and thorough analysis of each individual case, we have been able to successfully protect the rights of numerous clients, restoring not only their work, but also recognizing their service experience for the period of illegal dismissal.
If you find yourself in a situation of illegal dismissal, do not hesitate to contact us for advice and legal assistance. We are here to support you and ensure that your rights are protected in the most effective and adequate way, including the recognition of your seniority for the time you were not at work due to the unlawful dismissal.
Yes, any civil servant has the right to appeal the order of dismissal. The deadline for appeal is extremely short — 14 days from receipt of the order. We recommend that you immediately contact a lawyer who specializes in the field of labor and administrative law to get appropriate legal support.
Yes, if the court recognizes your dismissal as illegal and cancels it, you are entitled to compensation for the time you were not at work until the time of your recovery. This benefit is in the amount of your basic salary and can be paid for a period of up to 6 months.
Yes, the period between the date of unlawful dismissal and your return to work is recognized as seniority. This means that you are entitled to all social and employment benefits, such as an impact on the amount of your pension based on your entire length of service.
The appeal process begins with the filing of an appeal to the authority that issued the dismissal order, or directly to a court within 14 days of receipt of the order. It is important to collect all the necessary documents and evidence supporting your position. Then, with the help of your lawyer, you can file a claim for unlawful dismissal, demanding the cancellation of the dismissal order, compensation for the time without work and restoration of service.
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