Can a boss terminate an employment relationship with a worker during his leave?

Can a boss terminate an employment relationship with a worker during his leave?

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Can a boss terminate an employment relationship with a worker during his leave?

This question, in another way, is asked as follows: "Does the person exercising the employer's functions (authority) have the right, while on leave, to terminate employment on behalf of the employer?".

Very often, the employer is a legal entity and the employer's functions are carried out through an appointed natural person who is authorized (burdened) with them by virtue of a legal act or an internal organizational act, Order, etc.

In the event of leave being taken by this employer, another person may be authorized to temporarily replace the holder in his/her absence, including due to use of authorized leave.

In this regard, the substitute carries out the employer's functions in full. (unless there are express restrictions established by the relevant act) I.e. he can also fire employees while the substitution lasts. But can the boss fire and release workers while on leave?

During his authorized leave (regardless of its type), the holder is initially in a de facto inability to carry out the employer's functions due to his absence. That is, from a legal point of view, he is deprived of the exercise of the employer's authority, including the authority to terminate employment relations/dismiss workers/employees. Therefore, the person carrying out the employer's functions (authority), while on leave and has a deputy, does not have the competence (authority) to terminate the employment relationship on behalf of the employer, since during the duration of his leave this competence is granted to his deputy.

In addition, it should be borne in mind that when the boss is on leave, the replacement cannot be terminated only with his actual return to his workplace, but with the expiration of the authorized leave or with the interruption of its use in the relevant order. It is then that the incumbent resumes the functions of the position held by him, which until that moment were carried out by his deputy.

 

Can a boss terminate an employment relationship with a worker during his leave?
Can a boss terminate an employment relationship with a worker during his leave?
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