02.10.2024

WHEN ARE WE NOT PROTECTED FROM DISMISSAL?

Workers and employees do not enjoy special protection in the event of dismissal when they are on a probationary period.

During a probationary period, the employment relationship may be terminated at any time without notice and without compensation.

The party that terminated the contract is not obliged to give reasons. The worker or employee has the right to challenge the legality of the dismissal before the employer or before the court. The labor inspectorate does not assess the legality of the termination of the employment relationship.

It should be noted that the trial period clause applies to all types of employment contracts - both fixed-term and open-ended. This period can be agreed up to 6 months, and for fixed-term contracts shorter than one year - up to 1 month. The agreed trial period can be for the benefit of one party in the employment relationship, and only that party has the right to use it to terminate without notice.

If it is not specified in whose favor the possibility of testing has been arranged, the contract can be terminated by either party.

In case the employer has terminated the contract, he is obliged to pay compensation for the unused paid annual leave. The trial period is interrupted for the period during which the employees used the statutory leave.

In the case of dismissals of workers and employees subject to special protection, the employer must obtain permission from the Labor Inspectorate in advance. This is mandatory when the termination of the employment relationship is due to the closure of a part of the enterprise; staff cuts; reducing the volume of work; lack of qualifications of the worker for effective performance of the work; change in job requirements if the worker does not meet them; disciplinary dismissal.

In order to protect the labor rights of workers and employees, they should not agree to work under verbally agreed conditions.