Tibor Navracsics, Minister for Public Administration and Justice, is initiating amendment of legislation relating to government officials with his proposal submitted to the National Assembly. The parliamentary debate on the bill begins in May and the new legislation can come into force on 1 June. The proposed legislation will give effective legal protection to government officials and civil servants in accordance with the Constitution by regulating reasons for dismissal, preventing dismissal without valid grounds, and expanding review procedures for appeals against dismissal.

The adoption of the amendments will allow the termination of government officials’ and civil servants’ contracts to take place in a well-regulated manner, taking constitutional requirements into account, and for reasons defined by law. Under the proposal a government official may have his or her contract terminated in the event of redundancies (a general reduction in the number of employees), termination of the activity of an organ of state administration, if an employee’s tasks are no longer necessary due to reorganisation, or if the government official has reached pension age.

In the event of the adoption of the amendment a government official will be relieved of his or her post in the following situations: misconduct; lack of capability or competence in assigned tasks; unilateral alteration of the scope of employment; at the request of the employee; loss of trust; lack of fitness to perform duties for health reasons; or at the request of the government official if different pension rights apply in the event of a later termination.

In the interest of effective legal protection, the proposal will also create the Government Officials’ Arbitration Committee, as an internal means of appeal against the termination of government officials’ contracts, and against other specified acts by employers.

The Arbitration Committee will become operational on 1 January 2012, and its chairman and members will be appointed by the Prime Minister following nominations from the Minister for Public Administration and Justice. Its organisation and procedures will be regulated by separate legislation.

Furthermore, the Constitutional Court has ruled that dismissal without valid grounds is also unconstitutional with regard to civil servants’ legal standing; provisions enabling such dismissal were annulled by the Constitutional Court on 7 April 2011, with immediate effect.

(kormany.hu)