Questionnaire Finland
III.16 On what grounds can he be dismissed?
Normal rules of dismissal of civil servants apply.
The new law on civil servants (1994) recognises three ways of ending en office
in civil service.
- Normal ‘laying-off’ is possible only for weighty reasons. The law lists a number of reasons not constituting such reasons (including social and political activities). According to old provisions inability to fulfil one’s duties and repeated neglect of tasks and responsibilities may have served as a ground for ‘laying-off’. These starting points still serve as some kind of guidelines.
- Immediate dissolving the office is a more drastic operation. It is possible only if the civil servant is seriously breaching his duties. Dissolving the office on this ground must take place within two weeks after the superior has received information of the cause.
- If a civil servant is found guilty of an offence he may be dismissed according to the provisions in the Penal Code, depending on the nature of the offence and the severity of the penalty. A life sentence will always lead to a dismissal. The official shall also be dismissed if he is sentenced to imprisonment for a determinate period of at least two years, unless the court deems that the offence does not demonstrate that the sentenced person is unsuitable to serve as a public official or to attend to a public function. If the official is sentenced for an intentional offence to imprisonment for a period of less than two years, he may at the same time be dismissed from office if the offence demonstrates that he is apparently unsuitable to serve as a public official or to attend to the public function.
The latter two options refer to extraordinary events. Dismissal due to an offence may have taken place in case of drunken driving. The most problematic cases refer to the first category and cases where the official has serious alcohol problems and is thereby unable to take care of his duties. First options are always warnings and treatment orders.
- Normal ‘laying-off’ is possible only for weighty reasons. The law lists a number of reasons not constituting such reasons (including social and political activities). According to old provisions inability to fulfil one’s duties and repeated neglect of tasks and responsibilities may have served as a ground for ‘laying-off’. These starting points still serve as some kind of guidelines.
- Immediate dissolving the office is a more drastic operation. It is possible only if the civil servant is seriously breaching his duties. Dissolving the office on this ground must take place within two weeks after the superior has received information of the cause.
- If a civil servant is found guilty of an offence he may be dismissed according to the provisions in the Penal Code, depending on the nature of the offence and the severity of the penalty. A life sentence will always lead to a dismissal. The official shall also be dismissed if he is sentenced to imprisonment for a determinate period of at least two years, unless the court deems that the offence does not demonstrate that the sentenced person is unsuitable to serve as a public official or to attend to a public function. If the official is sentenced for an intentional offence to imprisonment for a period of less than two years, he may at the same time be dismissed from office if the offence demonstrates that he is apparently unsuitable to serve as a public official or to attend to the public function.
The latter two options refer to extraordinary events. Dismissal due to an offence may have taken place in case of drunken driving. The most problematic cases refer to the first category and cases where the official has serious alcohol problems and is thereby unable to take care of his duties. First options are always warnings and treatment orders.
