18.09.2024

HOW TO READ CORRECTLY A DISMISSAL ORDER

Upon termination of the employment relationship, it is essential to issue a dismissal order or other document certifying the fact of termination.

Although the Labor Code does not provide specific details for this type of document, its preparation requires attention and clarity in order to provide the information necessary to understand the circumstances surrounding the termination of the employment relationship.

Here are sample details in a termination order:

- Three names and position of the worker/employee. The names of the worker, the position held and detailed identification for clear identification.

- Legal basis for termination. A clear and specific statement of the reason for termination of the employment relationship, in accordance with the legal provisions.

- Indication of other documents on the basis of which the termination was carried out. For example, in case of layoffs - indication of the decision of the governing body and the selection protocol.

- Compensation due and legal grounds. Explanation of the amounts and compensation provided for termination for various reasons (failure to comply with notice, unused paid annual leave, etc.). Termination of employment is a stage that can be fraught with considerable emotion and uncertainty. In this context, it is important that the worker is aware of his rights to benefits from both the state and the employer. Such benefits are provided by law and must be provided.

Upon termination of employment, it is essential to ensure the correct payment of benefits due. According to the law, the employer must make the payment of the corresponding amounts, but an interesting question arises if these benefits are not clearly written in the employment contract or other agreements between the parties.

According to the law, the failure to enter the due benefits in the termination order does not release the employer from the responsibility for their payment. State law and regulations on severance pay are critical and are used to protect workers' rights. In this way, the worker is provided with legal protection and the opportunity to benefit from the benefits owed to him, even when they are not expressly stipulated in the contract.

• Data related to the employer. Name, headquarters and management address of the legal entity or sole trader, EIC according to the BULSTAT/EIC register, the names of the persons representing it.
• Signatures of the relevant officials and seal of the employer. The signatures of the persons issuing the warrant and the employer's stamp for officiality.
• Others. Include additional details as necessary to ensure clarity and complete information.

Termination of employment requires precision and care, especially with regard to the benefits the employee is entitled to receive. State labor laws and other regulations provide a basis for employee rights, even when the benefits are not clearly stated in the written contract. These legal requirements are intended to ensure fair and correct treatment of the employee upon termination of employment.

The role of the court is essential in the resolution of disputes over the benefits due. In case of ambiguity in the employment contract, the court will usually interpret the terms in favor of the worker, in order to guarantee his rights.

Therefore, the worker or employee may rely on the statutory provisions and rules of the state that provide a basis for claiming compensation, even if such compensation is not expressly stated. Such an approach provides legal protection and security for the worker, guaranteeing fair treatment upon termination of the employment relationship.