the employee may only be dismissed when there has been a formal warning issued within the last six months and there has been no improvement in the situation if there is a serious breach of discipline on the part of the employee, in which case the employer may terminate the employment relationship immediately. When there is an ongoing but less grave breach of working discipline, the employee may be dismissed, provided he has been warned in writing within the previous six months as to the possibility of dismissal.
The statutory minimum notice period is two months, increasing to three months for employees with five and more years of service, which runs from the first day of the month following the month after which the notice has been received.
Due to the fact that many employees did not remain with the employer during the notice period, the recent labour code amendment introduced obligation of such employee to compensate the employer in the amount of his/her average monthly wage upon such occurrence. However this has to be agreed upon in writing and in the employment contract.
If an employer terminates an employment relationship for specific reasons such as the ones set out above, or by agreement for the same reasons, or other reasons not caused by the employee with at least 20 employees over a period of 90 days, this is considered to be a mass lay-off.
An employer must: negotiate with the employees' representatives or in their absence with the employees concerned at least one month in advance of the mass lay-off measures so as to try to avoid or reduce the impact of the lay-off and the measures for mitigating any adverse consequences notify in writing the employees' representatives in particular as to:
the reasons for the mass lay-off
the number and structure of the affected employees
the total number and structure of employees on the company payroll
the period over which the lay-off will take place
the selection criteria to be used
notify the local Labour Office of the outcome of the negotiations with the workforce representatives together with the information listed in the paragraph above. This must be done at least one month prior to serving the lay-off notices.
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