THE RIGHT TO COMPENSATION FOR THE TERMINATION OF THE CONTRACT WITH THE RESOLUTIVE TERM OF THE WORKER IN PUBLIC FUNCTIONS

Abstract

The employment contract in public functions has a special nature that is consistent with the public interest. The Legislator in the last legislative reform sought to bring the legal framework of the public sector closer to the private sector. For this reason, it envisaged in paragraph 4 of the General Labor Law in Public Functions the reference to the Labor Code, with respect to a set of matters determined therein that are in fact, of a purely indicative nature and whose application should always be applied “mutatis mutandis”, changing as appropriate taking into account the public nature of the function. This provision represents an open door for the subsidiary application of the Labor Code to the Civil Service whenever and whenever the situation justifies it and is compatible with the special nature of the public service. The fixed-term employment contract in the public service when it expires leaves a single certainty for the worker: he is unemployed! In fact, it is a situation that cuts across the entire employment relationship, whether public or private. For this reason, the worker is placed in a situation where he does not know when and how he can be integrated into the labor market again, an uncertainty that manifests itself regardless of the certainty as to the term, which when it occurs causes the employment contract to expire. Thus, it is necessary to establish an adequate response to the right to compensation for the expiry of the employment contract in public functions with a definitive resolution term, which is in line with the legislation in force and with the most recent understandings of jurisprudence and doctrine.