What You Can Claim If You Are Dismissed as a Public Employee

Not Every Dismissal Releases the State from Obligations

Termination does not automatically extinguish the responsibilities of the public employer. When a dismissal violates constitutional rights—especially the right to work and job stability—financial consequences may arise.

This applies even when the contractual relationship has ended, reinstatement is not ordered, or a period of time has passed since dismissal. The key factor is the existence of a legally recognized violation.

Constitutional Case Law Standard

In Constitutional Judgment 1146/2025-S2, the Constitutional Court determined that the right to job security had been violated.

Due to the passage of time, reinstatement was not ordered. However, the Court granted financial compensation consisting of payment of labor rights corresponding to the protected period.

This confirms that compensation may be economic when reinstatement is no longer feasible.

Labor Benefits That Can Be Claimed After Dismissal

Back Pay (Unpaid Salaries)

When the employee should have remained in their position due to constitutional protection, they may claim payment of salaries corresponding to the period of wrongful dismissal.

This right derives directly from job stability guarantees.

Family Benefits

In cases of enhanced protection, such as maternity or paternity during the child’s first year, benefits linked to social security may be claimed.

These include prenatal subsidy, birth subsidy, and breastfeeding subsidy.

The Constitutional Judgment recognizes the validity of these benefits when rights violations are proven in such contexts.

Social Security Rights

Employees may also claim rights related to health coverage and social benefits, including continuity or affiliation to health insurance, medical coverage for the employee and their family, and benefits during the protected period.

These rights are supported by international standards, including those developed by the International Labour Organization.

Other Labor Benefits

Depending on the specific case, this may include unpaid bonuses, pending benefits, and acquired rights derived from the employment relationship.

Adjustment of Amounts and Compensation

The Constitutional Judgment also establishes that the amounts to be paid may be adjusted if the employee received income from other activities during the same period.

This avoids double compensation and ensures a proportional calculation based on the employee’s actual situation.

When Economic Compensation Applies

A public employee may be entitled to financial compensation when factors such as performing technical or support functions, lack of decision-making authority, unjustified dismissal, existence of special constitutional protection, or lack of proof of being a trust-based employee are present.

These elements may demonstrate that the dismissal was unconstitutional.

Practical Application of the Precedent

In the analyzed case, it was determined that the employees performed technical functions and had reinforced protection.

Although reinstatement was not ordered, payment of labor rights corresponding to the protected period was granted.

This precedent shows that financial compensation is an effective mechanism to restore violated rights.

In summary, dismissal of a public employee does not necessarily mean the loss of all economic rights. When constitutional guarantees are violated, the State may be required to provide compensation, even without reinstatement. Constitutional Judgment 1146/2025-S2 confirms that such rights include back pay, social benefits, and social security-related entitlements, provided that the employee did not hold a trust-based position or had special protection.