Answer ... Subject to the conditions set out in the Labour Law, the employer may terminate some or all employment agreements where required to do so due to force majeure or economic or technical circumstances.
Moreover, the employer may unilaterally terminate an employment contract without prior notice or severance pay in certain cases, including following:
- The employee fakes his or her nationality;
- The employer is dissatisfied with the employee’s performance during the three-month probation period;
- The employee is found to have committed a wilfully negligent act or omission aimed at harming the material interests of the employer, provided that the employer has notified the Ministry of Labour in writing of such violation within three days of its verification;
- The employee, despite written warnings, commits a serious violation of the employer’s internal regulations three times in a given year;
- The employee is absent without valid excuse for more than 15 days or more than seven consecutive days in a given year;
- The employee is sentenced to imprisonment for at least a year for committing a felony or has committed a misdemeanour in the workplace during the course of his or her work; or
The employee assaults the employer or the manager in the workplace.
Otherwise, prior written notice of termination must be served. The employee may require clarification as to the reasons for termination.
The termination of an employment contract should not be unfair or abusive.
Answer ... Where a termination notice is required, the following notice periods apply.
Duration of employment
Not more than three
Between three (exclusive) and six (exclusive)
Between six (exclusive) and 12 (exclusive)
At least 12
An employer that breaches the notice period requirements will be liable to pay the employee compensation equivalent to the wages that would have been earned during the notice period. Furthermore, if the employee breaches the minimum notice period requirement and is employed by a new employer who is aware of the breach, the new employer shall be jointly and severally liable with the employee to compensate the previous employer.
Answer ... A termination of employment by the employer is deemed unfair or abusive if it takes place for the following reasons:
- an unacceptable reason or a reason that is unrelated to the employee’s capacity or conduct at the employer, or to the sound management and operation of the business;
- the employee’s affiliation or non-affiliation with a certain professional syndicate or performance of legitimate syndicate activities;
- the employee running for elections or being elected as member of a syndicate’s office or a representative of the employer’s employees during the term of such task;
- the employee submitting in good faith a complaint to the competent authorities concerning the application of the provisions of the Labour Law and other texts issued pursuant thereto and filing a lawsuit against the employer accordingly; or
- the employee exercising his or her personal or public freedoms.
In case of unfair or abusive termination, the employee shall be entitled to severance pay.
Answer ... In case of abusive or unfair dismissal, the employee is entitled to severance pay from the employer in an amount equivalent to between two and 12 months’ wages. The assessment of severance pay should take into consideration:
- the nature of the work;
- the employee’s age;
- the duration of employment;
- the employee’s health and family status;
- the materiality of the damage; and
- any misuse of the termination right.
Furthermore, employees are entitled to an end-of-service indemnity in an amount equal to one month’s salary for each year of service, based on the last salary paid to the employee before termination. This indemnity is payable to the employee by the National Social Security Fund on his or her retirement or prior thereto (subject to certain conditions).