1. Establishment and creation of employment as a civil servant

Civil servants are employed at a civil-service authority.

Their employment is established by:

• a civil-service contract;
• election or appointment (as a governing body or a civil servant holding public office).

It starts on the date agreed in the civil-service contract or on the date specified in the notice of election or appointment.

Together with their civil-service contract, a civil-service authority provides civil servants with a description of their civil-service post and notification of the amount and structure of their salary.

The probationary period runs from the date on which the employment starts and lasts for 3 months.

During the probationary period, either the civil-service authority or the civil servant may terminate the employment in writing on any grounds (or without citing any reason).

During the probationary period, the civil-service authority may terminate the employment of a pregnant woman, a mother up to the end of the ninth month after giving birth, or a breastfeeding woman only in exceptional cases unrelated to her pregnancy or maternity.

2. Termination of employment as a civil servant

A civil servant’s employment may be terminated by:

• agreement;
• notice of termination;
• summary dismissal or termination;
• termination during a probationary period.

Agreement on the termination of a civil servant’s employment

A civil servant’s employment is terminated on an agreed date. The reasons for the termination of employment must be stated in the agreement, for example, if requested by the civil servant.

Notice of termination

Either the civil-service authority or the civil servant may terminate employment by serving notice. To be valid, the notice must be drawn up in writing and served on the other party. Civil servants may hand in their notice on any grounds (or without citing any reason). A civil-service authority may serve notice on a civil servant only for reasons stipulated by law. After notice is served, the employment terminates at the end of the notice period. The notice period is the same (2 months) regardless of whether notice is served by the civil-service authority or the civil servant. A civil-service authority cannot serve notice on a civil servant during a ‘period of protection’, e.g. at a time when the civil servant is temporarily recognised as incapacitated due to illness or injury, or at a time when the civil servant is pregnant or on maternity leave. 

Summary dismissal or termination

Summary dismissal by the civil-service authority or summary termination by a civil servant is possible only for reasons laid down by law (e.g. if the employee does not meet statutory requirements set for the performance of the agreed work or seriously breaches work discipline, or if all or part of the employer’s business is wound up).

Severance pay and leaving allowance

Civil servants are entitled to severance pay if their employment is terminated for certain reasons stipulated by law. The amount of severance pay depends on how long the civil servant has been employed.

Retiring civil servants are entitled to a leaving allowance.