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Employer's/employee's notice

Everyone faces the changes both in personal and professional life. One of these changes in professional life is related to searching for a new job and termination of previous labour relations. Labour Law contains several provisions that employee should know before the termination of labour relations.

Labour relations can be terminated with employee:

  • upon mutual agreement between employee and employer;
  • if fixed term employment contract has ended;
  • if employer has died and he/she was natural person;
  • if employee has died;
  • if employee's or employer's notice is received;
  • if court's adjudgment is received by which employee is sentenced with imprisonment or arrest for committing a crime;
  • if demanded by parents, custodians or representatives of State Labour Inspection.

Employee can terminate labour relations:

  • 1 month in advance if not otherwise stipulated in the employment contract or collective agreement. He/she submits a written notice about the said decision to employer. Upon mutual agreement between employee and employer, labour relations can be terminated before the abovementioned term.
  • 1 day in advance if a person is employed in temporary social work organized by State Employment Agency;
  • if he/she has an important reason not permitting further labour relations.

Employer can terminate labour relations: 

  • during the test period;
  • if employee has violated employment contract or work order, moreover he/she has no plausible reason for that;
  • if employer has lost the confidence in employee due to his/her unlawful activity;
  • if employee has acted against the mores while performing the work;
  • if employee is under influence of alcohol, drugs or toxic substances while performing the work;
  • if employee has roughly violated labour protection rules as well as posed a threat to health and safety of other persons;
  • if employee does not have sufficient professional skills to perform the work;
  • if employee cannot perform the work due to the health condition and it is also confirmed by the physician in medical conclusion;
  • if former employee resumes the work;
  • in case of reducing the number of employees;
  • upon the liquidation of employer's enterprise;
  • if due to temporary disability employee does not perform the work for more than six months, if disability is continuous or one year out of three-year period, if disability repeats with interruptions, not including maternity leave as well as disability period if disability is caused by the work injury or occupational disease.

Labour relations cannot be terminated:

  • due to employee's illness (except for the cases if employee is not performing the work more than six months due to temporary disability,
  • if disability is continuous or lasts one year within the three-year period, if disability repeats with interruptions) and during the vacation;
  • if employee is not performing the work due to plausible reasons.

Above mentioned limitations do not pertain to the case when employer's enterprise is being liquidated.

Labour relations also cannot be terminated (except for the individual cases stipulated in Labour Law) with:

  • pregnant woman;
  • woman with child younger than 1 year;
  • woman during the whole period of breast-feeding;
  • employee with established disability;
  • employee who is a member of labour union if the consent of respective labour union has not been received.