Causes and Termination of Employment
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Questions and Answers

Under what condition can an employer terminate an employee immediately?

  • An employee has been convicted of a deliberate criminal offence with a sentence of more than 1 year. (correct)
  • An employee is regularly late for work.
  • An employee has worked for less than one month.
  • An employee has been absent without leave.

    • Both the employer and the employee can terminate employment during the probationary period for any reason.

    True (A)

    What form is required for terminating an employment relationship immediately?

    Written form

    An employer may not terminate employment during the probationary period during the first _____ days of the employee's temporary disability.

    <p>14</p> Signup and view all the answers

    Match the circumstances with their effects on employment termination:

    <p>Fixed-term employment ends = Termination at the end of the agreed period Employee's death = Termination due to the employee's passing Employer's death if trade not continued = Termination due to employer's passing affecting business First 14 days of temporary disability = Cannot terminate employment during this period</p> Signup and view all the answers

    Which of the following is NOT a reason for dismissal by the organization?

    <p>Employee request (B)</p> Signup and view all the answers

    The notice period for termination of employment is always one month.

    <p>False (B)</p> Signup and view all the answers

    What must a notice of termination contain?

    <p>The reason for termination</p> Signup and view all the answers

    An employee can be dismissed for ___ if they have not remedied unsatisfactory performance after being requested in writing within the last 12 months.

    <p>unsatisfactory performance</p> Signup and view all the answers

    Match the following reasons for termination with their descriptions:

    <p>Redundancy = Employee becomes unnecessary due to organizational changes Occupational disease = Employee cannot perform work due to health issues Written warning = Employee warned about dismissal for breaches Mutual agreement = Employer and employee agree to terminate employment</p> Signup and view all the answers

    What is a potential consequence of dismissing an employee without following proper procedures?

    <p>Legal action against the employer (D)</p> Signup and view all the answers

    An employee must always receive their notice of termination verbally.

    <p>False (B)</p> Signup and view all the answers

    What is one reason for employee dismissal related to an employee's health?

    <p>Long-term incapacity to work</p> Signup and view all the answers

    If the employer dissolves or relocates, this can lead to ___ of employment.

    <p>termination</p> Signup and view all the answers

    Which of the following actions may justify immediate dismissal?

    <p>Persistent, less serious breaches after warnings (C)</p> Signup and view all the answers

    What is required before an employer can issue a termination notice for less serious violations of work discipline?

    <p>Three written warnings in six months (B)</p> Signup and view all the answers

    A serious violation of work discipline requires at least two consecutive days of unexcused absence to issue a notice.

    <p>False (B)</p> Signup and view all the answers

    What type of violation may lead to immediate termination of employment?

    <p>Particularly rude violations</p> Signup and view all the answers

    For a worker who has been employed for less than one year, severance pay upon termination is at least ________ average earnings.

    <p>1</p> Signup and view all the answers

    Match the following violations of work discipline with their classification:

    <p>Late arrival by 10 minutes = Less serious Using a company car for private purposes = Particularly rude Two consecutive days of unexcused absence = Serious Assaulting a superior = Particularly rude</p> Signup and view all the answers

    How many unexcused absences are considered serious if they are not consecutive?

    <p>5 unexcused absences (A)</p> Signup and view all the answers

    An employee who trips and breaks a company phone is guilty of serious work discipline violation.

    <p>False (B)</p> Signup and view all the answers

    What action can result in particularly rude violation classification in relation to workplace security?

    <p>Watching pornographic movies at work</p> Signup and view all the answers

    Study Notes

    Causes of Staff Leaving

    • Own request: Staff voluntarily leaves the organization.
    • Dismissal: Organization dismisses staff, for reasons such as poor performance, violating work rules, or production changes reducing workforce.
    • Objective reasons: Staff leaves due to factors unrelated to their performance or the organization's actions, such as retirement, disability, or fixed-term contracts ending.

    Termination of Employment

    • By agreement: Employer and employee mutually agree to end the employment relationship.
      • Must be in writing.
      • Employment ends on the agreed date.
    • By notice: Employer terminates the employment relationship, providing written notice.
      • Must be in writing, stating the reason.
      • Only for reasons per Labour Code.
      • Notice period of 2 months, starting from the beginning of the next month in 2024, and immediately that day in 2025.
      • Risk of potential legal action if not done correctly.
    • Dissolution/cancellation of the employer: Employment ends if the company is dissolved or ceases to exist.

    Additional Reasons for Dismissal (Page 2)

    • Relocation: Company relocation may lead to dismissal if the employee is affected by the relocation.
    • Redundancy: Employee becomes redundant due to changes in the workforce or organisational restructuring, technical equipment or process changes (saving workforce).
    • Inability to perform duties/lack of proper performance: Staff member fails to meet the required standards/legislated workplace standards for the job.
    • Breach of obligation: Employee breaches employment-related obligations. Includes, serious breaches that immediately terminate employment or consistent lesser breaches that would result in written warning and termination.
    • Temporary incapacity: Employee's temporary incapacity does not meet workplace obligations for a period of time, in accordance with the law (e.g., sickness absence).
    • Criminal conviction: Severe criminal conviction (more than a year of imprisonment) with the misconduct during work hours or in connection with the job duties.

    Immediate Termination (Page 3)

    • Exceptionally, immediate termination is possible if the employee has been definitively found guilty of a serious criminal offense, with a sentencing of at least a year, or if a deliberate criminal offence related to employment duties occurred.

    Termination During Probationary or Trial Period (Page 3)

    • Both employer and employee can terminate the employment relationship in probationary period for any reason.
    • Written request is needed to state the reason.
    • Termination is not permissible in the first 14 days of temporary disability.

    Violation of Work Discipline (Page 4)

    • 3 degrees of intensity of violation of work discipline(severity):
      • Less serious: 3 warnings needed before a notice is possible.
      • Example: late arrival less than 2 days per month
    • Serious: 1 or more significant incidents, leading to notice of termination.
      • Example: multiple unexplained absences.

    Severance Pay (Page 5)

    • Severance pay is a payment given to employees upon termination depending on the duration of work.
      • Amount depends on employment duration.
      • 12x the average if employment lasts less than 1 year

    Collective Redundancy (Page 5)

    • Collective redundancy occurs in situations of company restructuring or closure where multiple employees are affected.
    • Criteria regarding the number of employees affected.
    • Necessary cooperation with Labour office

    Outplacement (Page 6)

    • Support for leaving employees:
      • Counselling services -CV preparation / Interviewing practice
      • Skill development for job search
    • Psychological evaluation for career advancement and to explore the labour market. This could include the identification of potential job opportunities

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    Related Documents

    Causes of Staff Leaving the Organisation PDF

    Description

    Explore the various reasons behind staff leaving an organization and the procedures for termination of employment. This quiz covers terms like voluntary departure, dismissal, and mutual agreements, along with the legal frameworks involved. Test your knowledge on employment laws and practices relevant to staffing.

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