Labor Law Attorney

An employment relationship is established by signing an employment contract between the employer and the employee in written form. Employment may be for an indefinite or fixed period, and it can also include a probationary period. In addition to standard employment, there are forms of work outside of employment relationships (e.g., service contracts, temporary and occasional jobs).

Work regulations and a job classification act are mandatory for employers with more than 10 employees. These documents regulate rules of conduct, work organization, job positions, and the rights and obligations of both employers and employees, making them essential for legal certainty in company operations and compliance with the law.

Employment may be terminated in several ways: by mutual agreement between employer and employee, termination by the employer or resignation by the employee, expiration of a fixed-term contract, by operation of law, or due to redundancy. Each method has its legally prescribed procedure.

An employee may resign in writing by submitting a request to terminate employment, respecting the notice period, which by law is a minimum of 15 days. However, the employment contract or internal company regulations may stipulate a different notice period, up to a maximum of 30 days. The resignation takes legal effect upon expiry of the notice period or upon the finality of the decision regarding termination of employment.

The employee has the right to respond to the warning, while the employer is obligated, as the first step in the termination procedure, to deliver a written warning to the employee. The employee then has the right to respond within at least 8 days from the date of receiving the warning. This right is important for ensuring the legality of the procedure and preserving the employee’s right to defense.

Termination of employment by mutual agreement requires a set of four documents:

1. A proposal for mutual termination of employment (which can be submitted by the employee or the employer),
2. A notice of consequences in case of unemployment,
3. An agreement on termination of employment, and
4. A decision on termination of employment.

The standard notice period is 15 days, unless otherwise agreed in the employment contract or the company’s work regulations. The notice period can be up to a maximum of 30 days. The employee is required to work until the end of the notice period, unless otherwise agreed with the employer.

If, due to economic, technological, or organizational reasons, the number of employees is reduced, termination of employment may occur due to redundancy. In this case, the employer is required to pay the legally prescribed severance and carry out the procedure in accordance with the Labor Law, with a prohibition on hiring a third party for the same position within the legally defined period.

If the employer considers that the violation of work duties or breach of work discipline is not serious enough to warrant termination of employment, the following disciplinary measures may be imposed in accordance with the law: 1. a warning with notice of possible termination, 2. a monetary penalty, or 3. suspension from work.

Since a disciplinary measure results from a violation of work duties or breach of work discipline by the employee, it is necessary that the employee first receives a Warning about the existence of grounds for termination of the employment contract, to which the employee has the right to respond. Based on this, the employer decides whether to impose one of the legally prescribed disciplinary measures (warning with notice of possible termination, monetary penalty, or suspension from work).

An employee may seek compensation for damages in the case of unlawful termination, workplace injury, or if harm is caused by other actions of the employer. The amount of compensation depends on the specific circumstances of each case and is determined in the appropriate court proceedings.