By Sonila Isaku
The restructuring of the government, the merging of several ministries, the fusion of many departments, but also the reduction of the number of institutions belonging to these ministries, is expected to bring a number of changes as far as the number of people employed in the administration is concerned. Some of these employees will be transferred to new institutions that will be set up, once restructuring takes place. Meanwhile, under the law, the procedure to remove the employees of a number of institutions that will be closed, will take place through a special commission which will be set up to asses employees’ files, the waiting list or the salaries that these employees will benefit.
Transfers
Article 50 of law no. 152/1013 “On civil servants” sets out all the required procedures in case when employees are transferred after an institution is closed or restructured. “Under section 1 of this article, the transfer is made through the following order of precedence: in the same institution where the civil servant has been appointed; in the institution with which the institution has merged or fused; in one of the institutions that has come out following a division of institutions or in the institution which has been delegated the functions that the civil servant used to perform before; in the institution that depends on the restructured institution; or in another institution of the civil service”, article 50 of this law says. In case of closure or restructuring, a restructuring commission is set up. The commission assesses the possibility of appointing each civil servant in the existing vacancies and proposes the transfer of the employee for a vacancy in which he meets the necessary criteria. The final decision for the transfer is taken by the responsible unit, based on the proposal of the commission. The employee can only refuse his transfer for health reasons or when the position is located 45 km away from his home.
Closure of the institution
The layoff of a civil servant due to restructuring or closure of an institution is not allowed, except the case when as a result of these procedures, there’s a general reduction of the number of civil servants and the transfer, under section 2 of this article, is impossible. Employees that belong to the institution that will be restructured or closed are given one month notice and in case the civil servant leaves, he is entitled to compensation according to his seniority. “If the employee has been working in the civil service for a year, he is given a one month salary; from 1-3 years, he is given the salary of three months; from 3-6 years of experience, he’s given the salary of six months; from 6-9 years, he is given the salary of 9 months; over 9 years, he is given the salary of 12 months”, the law stipulates. Also, civil servants who have left the civil service, as a result of restructuring or closure of the institution, are entitled to apply for positions in the civil service within 2 years following their layoff, for similar positions or higher positions.
Suspension of the status upon the request of the employee
The civil servant is entitled to suspend his status through a request in compliance with the deadlines set out in law no. 152/1013 “On civil servants”. Under article 55 of this law, the civil servant may suspend his status when activities take place as part of international organizations or institutions, different from cases stipulated in section 6 of article 48 of this law, for the respective period; for study periods from 1 month to 2 years. The civil servant may also be suspended due to other lawful causes stipulated by the Council of Ministers, for a period of up to 2 years.
Where can civil servants be transferred:
a) in the same institution where the civil servant has been appointed;
b) in the institution with which the institution has merged or fused; in one of the institutions that has come out following a division of institutions or in the institution which has been delegated the functions that the civil servant used to perform before;
c) in the institution that depends on the restructured institution;
d) or in another institution of the civil service
Compensation of civil servant in case an institution is closed
a) up to a year of work experience as civil servant, the salary of one month
b) from 1-3 years of work experience as civil servant, the salary of three months
c) from 3-6 years of work experience as civil servant, the salary of 6 months
d) from 6-9 years of work experience as civil servant, the salary of 9 months;
e) over 9 years of work experience as civil servant, the salary of 12 months.
Commission
In case of closure or restructuring, a restructuring commission is set up. The commission assesses the possibility of appointing each civil servant in the existing vacancies and proposes the transfer of the employee for a vacancy in which he meets the necessary criteria. The final decision for the transfer is taken by the responsible unit, based on the proposal of the commission.
