TERMINATION OF LABOR LEGISLATION UNDER CONDITIONS OF EMERGENCY

Grounds for dismissal applicable to all employers

Closing the enterprise, part of the enterprise, redundancy in the state, reducing the volume of work, stopping work for more than 15 working days;

The dismissal in the absence of the qualities of the employee for the effective performance of the work can be used in case of stopping the work for more than 15 working days only for the enterprises or their separate units actually stopped, not for part-time or teleworking.

Close the whole enterprise:

-It is necessary that a decision is made by a competent authority or for bankruptcy under Art. 711 TK;

- Requires complete cessation of activity;

not everyone has to be fired;

-There is no reorganization under the Labor Code, according to which the employment relationship with the employee does not terminate upon change of employer as a result of:

1. merger of enterprises;

2. merger of one enterprise into another;

3. division of the activity of one enterprise between two or more enterprises;

4. transfer of a separate part from one enterprise to another;

5. change of the legal form of the enterprise;

6. change of the owner of the enterprise or a separate part thereof;

7. transfer or transfer of activity from one enterprise to another, including transfer of tangible assets. (Resolution No. 271 of May 14, 2010 under the town of No. 4556/2008, IV year, No. 526 of June 30, 2010 under the town of No. 1643/2009, III Acts, SCC

- Failure to notify the notice.

Closure of part of the enterprise:

- Decision taken by a competent authority;

- it is not a reorganization or a redundancy in the state;

- requires the termination of the activity of a separate unit or the termination of the activity itself

- there should be no such position with the employer, in the town or in the whole country;

REVERSE: the activity need not be completely disallowed if a separate part of the business enterprise is closed;

Selection and compliance with prior protection upon dismissal is required.

Acronyms in the State:

- Decision taken by a competent authority to downsize by adopting a new establishment plan;

- Execution of selection and preliminary protection;

- Termination by the competent authority of the employer or by an expressly authorized representative. (the legal representative of the employer may deviate from the decision taken.);

- To be real, not reorganization.

Selection:

- right or obligation

- Scope of selection;

- selection criteria - higher qualification and work better, incl. and work experience;

- it is subject to judicial review;

Reduce workload:

- It is required that there be a real reduction in the job of the particular post;

- selection required;

- and Overcoming the preliminary protection upon dismissal under Art. 333 CT.

Stopping work for more than 15 slaves To use this hypothesis, the following prerequisites must be met:

- Real and complete cessation of the activity of the enterprise or an individual unit at the discretion of the employer;

-not a single worker, but can stop a separate worker. function;

- It is debatable whether he should have been idle p / f. and whether to take full advantage of the employer prior to dismissal;

Can work be resumed at termination?

There is no obligation for selection or protection under Art. 333 CT.

Suspension in case of a declared state of emergency.

- In the event of a state of emergency, the employer may, by order, suspend the work of the enterprise, part of the enterprise or individual employees for the whole or part of it until the state of emergency is lifted.

- When, in the case of a state of emergency, the work of the enterprise or part of it is terminated by an order of a state body, the employer is obliged not to allow the employees to their jobs for the period specified in the order.

Stopping work for more than 15 slaves.To use this hypothesis, the following prerequisites must be met:

- Objective impossibility to perform the work under the employment contract:

- Real and objective inability to carry out the employment contract;

- Impossibility is the cause of the employer and is not subject to his subjective judgment.