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

Flashcards

Own request

When an employee decides to leave their job voluntarily.

Dismissal by the organisation

When the employer terminates an employee's contract due to various reasons, such as poor performance or company restructuring.

Objective reasons

Reasons outside of the employee's or employer's control that lead to an employment relationship ending.

Termination of employment by agreement

A formal, written agreement between the employer and employee to end the employment relationship.

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Termination of employment by notice

Ending the employment relationship by following a formal process of written notice.

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Notice period

The period of time an employee must work after giving notice before the employment ends.

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Employer dissolution

Dissolution or closing of the employer's business, leading to termination of employment for all employees.

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Employer relocation

Relocation of the employer's business to a new location, potentially causing termination for some employees.

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Redundancy

A situation where an employee's job is no longer needed due to changes in company operations.

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Medical incapacity

When an employee can no longer perform their job due to a medical reason, potentially leading to termination of employment.

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Immediate Termination for Criminal Offence

Ending an employment relationship immediately due to a serious crime conviction. The employee must have been sentenced to at least one year (unconditional) for a general crime or six months for a crime directly related to their job.

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Immediate Termination for Serious Breach of Duty

An employer can end an employment relationship immediately if the employee seriously breaks a law related to their job, such as violating safety regulations or stealing company property.

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Termination During Probationary Period

During the probationary period (trial period) of employment, either the employer or employee can end the employment relationship without giving any reason.

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Protection During Temporary Disability

An employer cannot end employment during the probationary period within the first 14 days of the employee's temporary disability.

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Fixed-Term Employment Termination

Employment contracts with an agreed-upon duration (fixed-term) end automatically at the end of that period.

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Less Serious Violation of Work Discipline

Minor infractions of work rules, like arriving late by a few minutes or not completing a task that doesn't affect the overall order.

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Serious Violation of Work Discipline

These are more serious offenses which disrupt the work environment or damage the company's reputation.

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Particularly Rude Violation of Work Discipline

This includes behaviors that are harmful, unethical, or disrespectful towards colleagues or the company.

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Severance Pay

The amount of money an employer is required to pay an employee upon termination of the employment contract, usually based on the length of employment.

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Severance Pay for Less Serious Violations

Employees who are terminated for less serious violations of work discipline receive 1x average earnings if their employment lasted less than a year, 2x average earnings for 1-2 years, and 3x average earnings for 2 years or more.

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Severance Pay for Serious or Particularly Rude Violations

Employees who are terminated for serious or particularly rude violations of work discipline, receive 12x their average earnings.

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Average Earnings

The average income earned by an employee over a certain period, usually a year, used to calculate severance pay.

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Termination of Employment

The employer's decision to end the employment relationship with an employee, usually for violating work discipline, but also sometimes for operational reasons.

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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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Causes of Staff Leaving the Organisation PDF

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