Is it permissible to unilaterally terminate the employment contract with an official assessed as not meeting job performance requirements?
Based on Point a, Clause 1, Article 29 of the Public Employee Law 2010, which stipulates unilateral termination of employment contracts as follows:
Public service units are entitled to unilaterally terminate employment contracts with public employees in the following cases:
- Public employees who have been assessed as not completing their tasks for two consecutive years (replaced by Point b, Clause 12, Article 2 of the Law on Cadres, Civil Servants, and Amended Public Employees 2019).
- ...
Accordingly, public service providers are entitled to unilaterally terminate employment contracts with public employees in cases where they have been assessed as not completing their tasks for two consecutive years. In your case, this unilateral termination cannot be implemented as you have only been assessed as not completing your tasks for one year.
Sincerely!