Ending the employment relationship for most people is not a pleasant matter. Whether it’s on the part of the employee or the employer. Discontinuation of employment can only be in accordance with the law:
- by the agreement
- immediate withdrawal
- cancellation in the probation period.
If the employee has an agreed fixed-term employment relationship, he/she ends with the expiration of the period.
Agreement on termination of employment
First of all, let us provide an agreement This is a bilateral legal act where the consent of both sides, employees, and employers is needed, and the employment relationship ends on the date on which it is negotiated. However, the day of termination may not be set by a specific date, but also by another fact that does not raise any doubts, such as the end of a particular job or season. The agreement becomes valid as soon as the two parties agree on a concrete form of termination of the labor-law relationship. If it is not made in writing, it is invalid.
As far as the termination is concerned, it falls into the category of unilateral legal acts, unlike the agreement. One of the participants, the employer or the employee, expresses the will to terminate the employment without agreeing with the other. Termination must be delivered in writing to the other participant in his / her hands, otherwise he / she will not become valid. Employee protection will take effect if the employer gives it. He has the obligation to give a clear explanatory reason. Employee does not need to. The reasons are exhaustively listed in the Labor Code:
- if the employer or part of it is withdrawn,
- where the employer or part of the employer moves,
- if the employee becomes redundant in relation to the employer’s decision,
- if the employee is not allowed to carry out the work already done for
- accident at work, occupational disease or for the threat of such illness
- if the employee does not fulfill the preconditions stipulated by the legal regulations for the performance of the negotiated work or fails to fulfill the requirements for the proper performance of the work without fault of the employer,
- if the employee is given reasons for which the employer could immediately terminate the employment relationship or for serious violation of the obligations arising from the legislation applicable to the employee employed.
An important safeguard before termination of the employment relationship is the employer’s constraint towards an employee who may be in a difficult personal or healthcare situation for some time. The legal regulation directly prohibits the disclosure of data to such persons. The period of protection is called a protective period.
Already above, we have provided the reasons for the employer’s disclosure of the data, the following are the facts where it cannot. An example is a temporary incapacity for work if it is not intentional or has not been caused by the employee in a state of drunkenness or use of an addictive substance, pregnancy or maternity leave. An appropriate and frequent example of the termination of employment is the return after maternity leave, and there is often a violation of the fundamental rights of female workers.
At the end of maternity or parental leave, the woman may return to work and the employer must place her in a position corresponding to her employment contract. Nevertheless, there have recently been cases of employers reorganizing women after maternity leave and parental leave, and women have been forced to terminate their employment because their place has disappeared for organizational reasons. Employers may have their parent or parent on parental leave terminated by the employer only if the employer is abolished or relocated. The mere removal of the place of the employee on maternity or parental leave is not a reason to terminate the employment relationship.
Immediate cancellation of the employment relationship
This is a one-sided legal act and termination occurs by delivery. Termination of the employer’s taxable reasons if the employee is legally convicted of an intentional criminal offense or if the employee violates the duty resulting from his work in a gross manner and on the part of the employee if, according to the medical opinion, he cannot continue to work or the employer has not paid his salary or pay within 15 days of the maturity date.
Canceling the trial period
This is the beginning of the employment relationship, which serves to the mutual understanding of the employee and the employer. At this time, either party may terminate the employment relationship without giving any reason and without the consent of the other party, ie unilaterally. Of course, even at this time, it is possible to find protective elements on the part of the employee where the employer cannot cancel the employment during the first 14 calendar days of the temporary incapacity to work.