Sometimes there are no conditions for continuing the employment relationship and termination of the employment relationship must be considered. Termination situations are challenging from both legal and human resources perspective, and they require comprehensive knowledge of labor law regulations.
There are many reasons for terminating an employment relationship
The reasons behind the termination of the employment relationship naturally vary. The employment relationship can end for reasons caused by the employee, such as unsuitability for the job, underperformance, insufficient skills, or a lack of trust. The employment relationship may also end for reasons arising from the employer’s business activities, production, financial or restructuring reasons. Sometimes the reason for the termination of the employment relationship is the employer’s breach of contract.
The method of terminating the employment relationship must be chosen appropriately
The employer must evaluate each termination situation carefully and know how to choose the right procedure based on the real reasons behind the termination. Termination of employment is strictly regulated in legislation and collective agreements. Different criteria and procedures apply to the different ways of terminating the employment relationship – termination during trial period, termination of the employment contract, cancellation of employment contract or deeming the employment contract cancelled, and agreement on termination. Situations concerning lay-offs form their own category.
The wrong procedure in terminating the employment relationship leads to unwanted sanctions
Choosing the wrong procedure – for example, dismissing an employee on economic grounds, even though the real reason is the employee’s poor work performance – can lead to an allegation that the dismissal has been unjustified, even if the grounds for dismissal in themselves might have existed.
Termination of the employment relationship involves, among other things, the risk of unjustified termination, violation of the duty of cooperation or discriminatory procedure. An incompetently implemented process can also cause harm to the working atmosphere and the employer’s public image.
Expert advice with regard to personnel policy
According to our experience, terminating an employment relationship is often a long-term process that must be carefully prepared with anticipation and responsibility. We consult our customers comprehensively and expertly on various questions related to ending the employment relationship. We offer the organization support and practical solutions for issues related to warning and decision processes. In our advice, we also take into account the requirements of a good personnel policy.
