Leave of absence
Termination of employment related to the employee’s person is one of the most challenging situations in the workplace, both legally and humanly. Addressing issues is often postponed until the situation becomes escalated and tense. This postponement can lead to various problems, such as a decline in the work atmosphere, and the risk of disputes and allegations of harassment may increase.
Sometimes, handling problematic situations may be attempted to be deferred as part of co-determination negotiations. In such cases, there is a risk that production and economic related reasons and personal reasons may get mixed up, leading to the termination of the employment based on improper grounds and procedures.
It is recommended to handle the termination of employment without unnecessary delay, following the prescribed procedures properly and respectfully, if the legal requirements for termination are met.
If the conditions for continuing the employment are not met despite proper recruitment and orientation processes, the employment can be terminated during the probationary period without notice. Although termination during probation may be an unfortunate solution for both parties, it is advisable to take this step if necessary. After the probation period, the threshold for terminating the employment is significantly higher.
The Employment Contracts Act does not provide clear criteria for termination during probation, which complicates the assessment of the conditions for probationary termination. For instance, termination during probation carried out for improper reasons may pose a risk of unlawful dismissal or discrimination allegations.
Individual-based termination is one of the most difficult issues in labor law. The Employment Contracts Act lays down general requirements for termination, but each situation is individual. Grounds for termination must always be evaluated on a case-by-case basis, and knowledge of legal praxis is essential for such assessment.
In general, termination requires a prior warning. The purpose of the warning is not to prepare for termination but to give the employee an opportunity to correct their behavior. On the other hand, there must be a close connection to the possible termination in the future. For these reasons, it is essential to provide a warning correctly from a legal standpoint and in accordance with good human resources principles.
Termination may be based on the employee’s conduct, such as unjustified absences or inadequate work performance. It can also be due to reasons beyond the employee’s control, such as significantly and permanently reduced work ability. If the grounds are reduced work ability, there is usually a requirement for measures to support work ability and assess the employee’s health before termination. In these situations, cooperation with occupational health care is crucial.
In extreme cases, the employment can be terminated without notice. The threshold for termination is very high. As fixed-term contracts cannot typically be terminated by giving notice, the premature termination of a fixed-term employment requires the existence of an extremely weighty reason justifying termination.
Considering the employment as terminated applies to situations where the employee has been absent from work for at least seven days without notifying the employer. Both termination and considering the employment as terminated are rare special situations, where it is essential to know and follow the prescribed procedures in addition to assessing the grounds for termination.
We recommend seeking the assistance of an expert in termination situations to minimize related risks. We have extensive experience in challenging termination processes. We can assist in the legal assessment of the situation, choosing the correct procedures, and, if necessary, participate in warning and termination meetings and draft the necessary documents.
Leave of absence
Leave of absence