TERMINATION OF EMPLOYMENT CONTRACT

Termination of the employment contract by the employee with notice is the realization of his right to do so. The exercise of this right depends only on the will of the employee. Art. 326 of the Labor Code does not provide explicit grounds for termination and leaves the decision for termination entirely to the discretion of the employee. In other words, employment contracts are generally terminated with notice, except in specific cases where this can be done without notice.

1. Implementation of the termination

1.1.Form

The employee unconditionally and categorically declares his will to terminate the employment contract by means of a written notice, which is necessary for its validity. The written form of the notice is important for determining the moment from which the notice begins and the moment of termination of the employment contract. .

1.2. Term

The notice also includes a certain term, after the expiration of which the employment contract is terminated - Art. 326, para. 2 of the Labor Code - which is respectively: - for a permanent employment contract - 30 days, insofar as the parties have not agreed on a longer term, but not longer than three months. - for a fixed-term employment contract - 3 calendar months, but not more long than the remainder of the contract.

2. Moment of termination

The notice shall give rise to its legal consequences from the day following the day of its receipt by the employer. Art. 326, para. 4 of the Labor Code provides for the possibility of withdrawing the notice at the latest until it is received by the employer, ie until he has not yet learned about it or at the same time as receiving it without the consent of the employer. However, once the notice reaches the employer, it can be withdrawn by the employee only with his consent and until the expiration of the notice itself. The employment contract is terminated after the expiration of the notice.

According to Art. 220 of the Labor Code, it is possible for the contract to be terminated by each of the parties before the expiration of the notice, in which case the party owes the compensation provided for in it.