Employees dismissed for poor performance: a new law is under consideration in San Marino
The manager (both in the public and in the private sector) from reporter will become the holder of the disciplinary action
Actuality
Republic of San Marino
| 08:18 – 28 September 2022
In San Marino squeeze against public and private employees “slackers”: the government changes the legislation and introduces the possibility of dismissal with poor performance.
The I Commission Permanent Council examined the draft law for the overall reform in the matter of disciplinary rules for public employees. No delegated decree, explains the Secretariat of State for Internal Affairs and the Civil Service, because given the issue, the Great and General Legislative Council and the trade unions will be fully involved in the process.
In this case, the insufficient performance for two years of service could lead to the dismissal of the employee. Furthermore, maintaining the current types of sanctions (reprimand, censure, suspension and dismissal), the manager will be the holder of the disciplinary action and no longer a simple whistleblower.
The new law, in addition to reforming the Disciplinary Commission, ensuring a greater balance between prosecution and defense in the proceedings against the public employee, will introduce a single disciplinary procedure (no longer distinguishing between public and private) and will make the timing uniform. In fact, in the public, the Disciplinary Commission, which evaluates the disciplinary action against civil servants, provides for the presence of a magistrate and assumes the rituality and prolonged timing typical of court hearings, as opposed to the procedures of the private sector which are closer to the pure private law and much more streamlined (about 5 days).