TERMINATION OF THE EMPLOYER CONTRACT BY THE EMPLOYER

The employment contract can be terminated by agreement or by the termination of one of the contracting parties. The Labor Law prescribes in detail what are the reasons for termination beyond which the employer should not fire the employee. In addition to the reasons for termination that must be observed, by law the employer is obliged to follow a certain procedure. When the employer ignores the binding legal rules related to the termination of the employment contract, it is an illegal termination.

Both the employer and the employee have the right to cancel the employment contract. When an employee resigns, he is obliged to submit it to the employer in writing and within a notice period of at least 15 days before the day the employee stated as the day of termination of the employment relationship, with the fact that a longer notice period can be defined by a general act or employment contract , but in any case it cannot be longer than 30 days.

Termination of the employment contract by the employer is permitted when there are justified reasons related to the employee’s ability to work or the employee’s behavior.

REASONS FOR CANCELLATION

Thus, the legislator prescribes the reasons for termination and states the following:
• failure to achieve work results or the absence of the necessary knowledge and ability to perform the tasks the employee is working on (in this case, the notice period cannot be shorter than eight nor longer than 30 days by law);
• final conviction for a criminal offense at work or in connection with work;
• the case that the employee does not return to work within 15 days from the end of the period of suspension of the employment relationship (the employment relationship is suspended in the case of the employee leaving for military service, i.e. completing military service, sending the employee to work abroad by the employer or within the framework of international – technical or educational-cultural cooperation, in diplomatic, consular and other representative offices, in case of temporary referral to work for another employer when the law allows it, then in case of election or appointment of an employee to a position in a state body, trade union, political organization or other public position the execution of which requires him to temporarily stop working for the employer, as well as to serve a prison sentence, i.e. imposed security measures, educational or protective measures, for a duration of up to six months) or not to return to work after the end of unpaid leave when one of the parents or the adoptive parent , foster parent and guardian is absent from work until the child reaches three years of age;
• in the event that the employee negligently or negligently performs work duties;
• in case of abuse of position or exceeding of authority by the employee
• in case of inappropriate and irresponsible use of work resources;
• in case of use or misuse of the provided means or equipment for personal protection at work;
• in the event that the employee commits another violation of the work obligation, which must be previously determined by a general act, that is, an employment contract;
• in the event that the employee unjustifiably refuses to perform tasks and carry out the employer’s orders;
• in case of failure to submit a certificate of temporary incapacity for work, i.e. failure to submit a doctor’s certificate containing the expected time of incapacity for work, no later than within three days from the date of temporary incapacity for work or in the case of a serious illness within three days from the date of termination of the reason for which the employee was unable to submit the certificate;
• in case of abuse of the right to leave due to temporary inability to work;
• in the case of coming to work under the influence of alcohol or other intoxicants, that is, the use of alcohol or other intoxicants during working hours, which had or could have an impact on the performance of work;
• in the case of providing incorrect data that was decisive for the establishment of an employment relationship;
• in the case of refusal of an employee who works in jobs with increased risk to be subjected to an assessment of health capacity;
• in the case of non-compliance with work discipline prescribed by the employer’s act, and in particular, it will be considered as non-compliance with work discipline if the employee refuses to undergo an appropriate analysis in an authorized health institution at the employer’s expense in order to determine whether there are abuses related to the right to leave due to temporary disability for work or abuse with alcohol, drugs and other psychoactive substances;
• in the event that, due to technological, economic or organizational changes, there is no longer a need to perform certain work or when there is a reduction in the volume of work;
• in case the employee refuses to conclude the contract annex, in accordance with the provisions of the Labor Law.

Also, the Labor Law itself states that the following cannot be considered as a justified reason for dismissal:
• temporary incapacity for work of the employee due to illness, accident at work or occupational disease;
• use of maternity leave, leave from work for child care and leave from work for special child care;
• serving or completing military service;
• the employee’s membership in a political organization, trade union, gender, language, nationality, social origin, religion, political or other belief or some other personal characteristic of the employee;
• acting as a representative of employees, in accordance with the Labor Law;
• addressing the employee to the trade union or authorities responsible for the protection of rights from the employment relationship in accordance with the law, the general act and the employment contract.

All this also applies to fixed-term employees, so the employer is obliged to extend those contracts with an annex.

PROCEDURE AND OBLIGATIONS OF THE EMPLOYER

Before terminating the employment contract, the employer is obliged to warn the employee in writing of the reasons for the termination of the employment contract due to disciplinary reasons and to give him a period of at least eight days from the date of delivery of the warning to respond to the allegations in the warning.

In the warning, the employer is obliged to state the grounds for termination, facts and evidence that indicate that the conditions for termination have been met, and the deadline for responding to the warning.

The warning is delivered to the employee in the manner prescribed for delivery of the decision on dismissal.

The employer may cancel the employment contract for an employee who does not have sufficient professional knowledge to perform the job, if he has previously given him a written notice regarding the deficiencies in his work, instructions and an appropriate deadline for improving the work, and the employee does not improve the work within the given period.

The employment contract is canceled by decision, in written form, and must contain an explanation and instruction on the legal remedy.

The decision must be delivered to the employee personally, at the employer’s premises, that is, at the address of the employee’s place of residence. If the employer could not deliver the solution to the employee, he is obliged to make a written note about it. In the case of making a note, the decision is published on the employer’s notice board and after the expiration of eight days from the date of publication, it is considered delivered.

The employment relationship of the employee ends on the day of delivery of the decision, unless another deadline is specified by law or decision. The employee is obliged to notify the employer in writing on the day following the day of receipt of the decision if he wishes to resolve the dispute before an arbitrator.

The employer is obliged to pay the employee, in the event of termination of the employment relationship, all unpaid wages, salary allowances and other income that the employee earned up to the date of termination of the employment relationship in accordance with the general act and the employment contract. The employer is obliged to pay the obligations no later than 30 days after the termination of the employment relationship.

R. no.	Document example	Download
1	Warning to the employee about the existence of a reason for the termination of the employment contract due to a violation of the work obligation	here
2	Warning to the employee about the existence of grounds for termination of the employment contract due to negligent or negligent performance of work duties	here
3	Warning to the employee about the existence of grounds for termination of the employment contract for an employee who does not respect work discipline by not submitting a certificate of temporary incapacity for work	here
4	The decision on the termination of the employment contract due to the violation of the work obligation due to the fault of the employee	here
5	Decision on the termination of the employment contract due to the employee’s refusal to sign the annex to the employment contract	here
6	Decision on the termination of the employment contract due to negligent or negligent performance of work duties	here
7	Decision on the termination of the employment contract due to non-compliance with work discipline, i.e. illegal behavior	here
8	Decision on the termination of the employment contract due to inappropriate and irresponsible use of funds for work	here
9	Decision on the termination of the employment contract due to the expiration of the term established by the agreement on the extension of the employment relationship.docx	here
10	A decision on the termination of an employee’s employment contract due to the fact that he has committed another violation of his employment obligations established by a general act or employment contract	here
11	Decision on the termination of the employment contract for an employee who does not respect work discipline by unjustifiably refusing to perform tasks and carry out the employer’s orders in accordance with the law	here
12	Note on the impossibility of delivering the act of termination of the employment contract	here