Employee – Employer Relationship: the Most Important Legal Highlights

By November 24, 2020 No Comments

Termination of the Employment Contract: Reasons for Termination?
There are several ways in which the employment contract can be terminated. Thus, the Labour Act
specifies 8 (eight) ways of termination of the employment contract, namely: death of workers, death
of employer of a natural person or the termination of a trade by force of law or removal of the sole
trader from the register in accordance with special regulations, upon expiration of time for which a
fixed-term employment contract was concluded, when the worker reaches sixty-five years of age
and fifteen years of pensionable service, unless the employer and worker agree otherwise, by means
of an agreement between the worker and employer, delivery of a final decision on recognition of
invalidity rights, because of the complete loss of working capacity, by notice and by the decision of
the competent court.
Job Contract Cancellation: What Do You Pay Attention To?
After receiving the decision to cancel the employment contract, whether it is a notice due to
business reasons, a personally conditional dismissal, a dismissal conditioned by the concealed
behaviour of employee or a dismissal due to dissatisfaction with the probationary period, the
employee must pay special attention to the length of the notice period, whether he is obliged or
relieved of work during the notice period, and to the amount of severance allowance in case the
employee has been employed for more than 2 (two) years uninterrupted, as well as to the number
of the day of unused holiday.
Termination of Employment Contracts and Damages?
It is necessary to note that in case the worker suffers damage at work or in relation to work, the
employer is obliged to compensate the worker in accordance with the general regulations of
compulsory law, and also refers to damage caused by the employer to the worker by the violation of
his or her labour relations rights. If the court finds that the employer’s dismissal is not allowed and it
is not acceptable for the worker to continue his employment, the court will, at the request of the
worker, determine the date of termination of the employment relationship and grant him damages
amounting to at least three and at most eight stipulated or contracted monthly salaries of that
worker, depending on the duration of the employment relationship, age and maintenance
obligations charged to the worker.

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