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Publication date: 29.04.2024
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Peculiarities of dismissal of civil servants in case of retirement
According to paragraph 7 of part one of Article 83 of the Law of Ukraine dated December 10, 2015 No. 889-VIII "On Civil Service" (hereinafter - Law No. 889), civil service is terminated when a civil servant retires or reaches the age of 65.
At the same time, according to Article 11 of the Law of Ukraine dated December 16, 1993 No. 3721-XII "On the basic principles of social protection of labor veterans and other senior citizens in Ukraine", it is prohibited to dismiss an employee at the initiative of the employer only because he has reached retirement age. However, a civil servant can resign at his own will. Moreover, in the case of dismissal of a civil servant in connection with his retirement, the employer must dismiss him within the period requested by the future retiree in his application for dismissal.
It is worth noting that a person dismissed for retirement may be re-appointed to a civil service position and may resign again to retire. That is, such a ground for dismissal can be used repeatedly by a civil servant. However, the severance pay, to which a civil servant is entitled upon dismissal in the event of retirement or upon reaching the age of 65, can be received only once - the third part of Article 83 of Law No. 889. We remind you that the pay is paid in the amount of the average monthly salary .In the opinion of the NADS, in case of dismissal in connection with the retirement of a civil servant, who was already dismissed on this basis from the civil service in another state body, it is necessary to apply to this state body regarding the payment of the specified severance pay to such a civil servant.
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Separately, we note that the retirement of a civil servant or his reaching the age of 65, which does not lead to dismissal from the civil service, does not give the right to the mentioned severance pay.
It is important that, according to the needs of the service, a civil servant can be left in the civil service after reaching the age of 65, but with his consent. The decision to extend the period of stay in the civil service is taken by the employer every year until the civil servant reaches the age of 70. At the same time, it is not necessary to hold the competition annually.
Law No. 889 peremptorily regulates that the fixed-term appointment specified in Article 34 is carried out for exactly one year. However, in contrast to fixed-term appointment, Law No. 889 does not oblige the employer to extend the period of stay of a civil servant who has reached the age of 65 in the civil service for exactly one year.
We also draw your attention to the fact that the order to extend the period of stay in the civil service in accordance with Article 83 of Law No. 889 can be issued by the subject of appointment only once a year from the moment the civil servant reaches the specified age. Therefore, if the period of stay in the civil service is extended for less than a year, the further extension of the period of stay of the civil servant in the civil service in accordance with the fourth part of Article 83 of Law No. 889 will be unlawful.
