25.02.2021

WHAT BENEFITS DOES THE EMPLOYER DUE TO TERMINATION OF THE EMPLOYMENT CONTRACT

Upon termination of employment, the employee is entitled to benefits from both the state and the employer, subject to the conditions set by law.

In this consultation you will find out what benefits the employee is also entitled to by the employer, and whether they should be explicitly registered somewhere to ensure that they are paid in this way.

Upon termination of employment, the employer is obliged to issue a dismissal order or other document certifying its termination.

There is no provision in the Labor Code in which the requisites of the order for termination of employment are indicated, with the exception of the order for disciplinary punishment, when disciplinary dismissal has been realized.

From the act for termination of employment (order or other document) it should be clear which employment is terminated, why it is terminated, who terminates it, etc.

We provide sample details of the dismissal order or other document for termination of employment:

1. Three names and position of the employee;
2. Legal basis for termination;
3. Indication of other documents on the basis of which the termination was made (e.g. in case of redundancy - number and date of the decision of the management body, number and date of the selection protocol, etc.);
4. Due compensations and legal grounds (for non-observance of notice; for unused paid annual leave, upon termination of employment due to illness; upon termination due to acquisition of the right to a pension for insurance length of service and age);
5. Data related to the employer (name, registered office and address of management of the legal entity or sole trader, UIC according to BULSTAT/UIC register, name/names of the person/persons representing him, the unique civil number (personal number - for a foreigner);
6. Signatures of the respective officials and seal of the employer;
7. Others.

The peculiarities of the entry in the dismissal order or other document for termination of employment of the unemployment benefit (Article 222, paragraph 1 of the Labor Code) are as follows: in the order the duty of this benefit is entered under the condition - if the employee/the employee loses his job or when entering a job with a lower salary; enter the maximum period of the period of unemployment, for which the compensation is due - up to 1 month or for a longer period, if such is provided by a collective or individual employment contract.

The employer may not enter in the dismissal order the dueness of this benefit, but after the expiration of the respective term and after the employee proves his/her unemployment or employment with a lower salary to issue a “special” order, for to pay the compensation.

It should be borne in mind that the non-entry of the due benefits related to the termination of employment does not remove the obligation of the employer to pay them.

Please also note that according to the Labor Code, the benefits paid upon termination of employment are also entered in the employment record book.