Labor Relations Labor code regulated by The employment contract can be terminated only in the cases and in the manner determined by the Labor Code.
In what cases can the employment contract be terminated?
According to the Labor Code, the following are the grounds for termination of the contract:
- Initiative of one of the parties - employer or employee;
- Expiration of the time specified in the employment contract;
- Changing the conditions of working conditions;
- Cases where the owner of the enterprise changes;
- Circumstances independent of the parties.
In what cases can the employer cancel the employment contract?
The employer may terminate the employment contract on the following grounds:
- When the entity is liquidated;
- In case of reduction in the number of states or employees;
- When an authorized body (attestation commission, executive authority that carries out certification of employees) measures the level of professionalism of the employee and decides that it is not suitable for his profession or specialty;
- When the obligations and duties provided for in the labor contract are not fulfilled by the employee or in cases of gross violation of labor duties in the cases stipulated by law;
- If the employee does not justify himself during the trial period allocated for him;
- When an employee working in an enterprise financed by the state budget reaches the working age.
Cases of gross violation of labor duties
The following cases defined by legislation are considered cases of gross violation of labor duties:
- not coming to work for the entire working day without giving a valid reason, except in cases of illness or death of himself or a close relative;
- coming to work while intoxicated by using drugs and psychotropic substances, alcoholic beverages, toxic and other poisonous substances, as well as being intoxicated by taking those substances or drinks at the workplace;
- causing material damage to the owner as a result of his guilty actions;
- as a result of his culpable actions, violating the rules of labor protection, injuring the health of his co-workers or causing them to die;
- willful failure to fulfill obligations related to the dissemination or confidentiality of production, state or commercial secrets;
- harming the legal interests of the enterprise, the owner or the employer as a result of violations of law, gross mistakes committed during the work activity;
- violation of the labor function again within six months without drawing any conclusions from the disciplinary punishment issued by the employer for the violation of the labor function;
- commiting public-dangerous acts or administrative errors that constitute a crime directly at the workplace during working hours.
Actions taken when the employment contract is terminated by the employer
In cases where there is a layoff or a reduction in the number of employees, or in cases where the attestation commission or the body that carries out the certification decides that the employee is not suitable for the position he holds, measures are taken by the employer in accordance with the Labor Code.
In cases where the employee does not fulfill his obligations stipulated in the labor contract or in cases of gross violation of labor duties (as defined by the law), his contract may be terminated if he intentionally or negligently violates the normal harmony of labor and performance discipline, work, production. Also, it has harmed the interests of the labor collective, the employer protected by law.
When the employment contract is terminated by the employer, it must be justified by which of the grounds established under Article 70 of the Labor Code, that is, the need to cancel the employment contract.
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