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Category: contract termination

Posted on Categories contract termination, employment contract

Sickness absenteeism as a cause for employment termination?

Employee sickness and absenteeism from work are inherent business risks which the employer has to take into account. An employee’s absence from work can be so frequent that it significantly affects the functioning of the workplace. In such situations, it may be in the employer’s interest to terminate such an employee’s employment contract and hire someone else to take their place. Labour Code provisions oblige employers to specify the reason justifying such a decision in the notice terminating indefinite-term contracts (Article 30 § 4 of the Labour Code). Does regular sickness absenteeism constitute an independent and sufficient reason for termination?

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Posted on Categories contract termination

How to avoid mistakes when terminating an employment contract during an employee’s illness?

Employees expecting to receive termination notice often take sick leave to protect themselves from dismissal (or at least to postpone it). During the coronavirus pandemic, the risk of losing a job is increasing, whilst digitally obtaining a medical certificate is easier than ever. When dismissals have to take place in unusual circumstances, e.g. during a period of remote work, it is important to be familiar with the rules concerning termination of employment in the event of an employee’s illness. Contrary to popular belief, it is not the illness itself that guarantees protection against termination, but the absence from work justified by an appropriate medical certificate.

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Posted on Categories contract termination, coronavirus

Serving notices to terminate employment contracts during the coronavirus pandemic

Due to the current situation caused by the spread of SARS-CoV-2, entrepreneurs are forced to cut costs. When other measures are insufficient, staff reductions may be necessary. Whether such redundancies take place collectively or individually, the rules on employment contract termination will still apply.

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Posted on Categories contract termination, coronavirus

Can an employer terminate a contract during downtime?

The current situation involving the pandemic and the binding Anti-Crisis Shield regulations may raise many doubts as to an employer’s rights. One practical aspect is the need to know whether it is possible to terminate an employment contract during the employee’s absence and while the person is not working due to the downtime.

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