Quiz ( Termination of the Employment Contract)

Question 1

General reasons for termination of an employment Contract

Answer 1

1. Death of the worker.
2. The worker has been sentenced to a final judgment of a court to imprisonment for a period of more than one year.
   3.Death of the employer, if the contract was concluded for the consideration related to the person of the employer.
3. The enterprise is liquidated
4. The contract is expired.
5. The worker has fulfilled his work.
6. When the worker decides to resign.
7. In case of force majeure.

Question 2

An EMPLOYER may unilaterally terminate an employment contract without prior notice , including the following:

Answer 2

1) The worker’s illness which makes him unable to work and has not been cured within (6) six months.
2) The worker has become
incapacitated to the extent of (75%)
3) the worker has reached the age of retirement.
4) The working conditions in the enterprise call for a reduction in the volume of work, subject to the Minister’s consent.

5) the worker breaches an essential obligations under the contract.
6) the worker assumes a false identity or submits forged documents.

Question 3

The worker may unilaterally terminate the employment contract without any prior notice, in the two following cases:

Answer 3

1)the employer has not fulfilled one of his obligations under the law or the employment contract.
2)the employer has committed a felony or an offense against the worker or a member of his family.
3)If there is a serious threat to the safety of the worker or his health, provided that the employer is aware of the danger and did nothing to eliminate it.

Question 4

A minimum notice period required

Answer 4

Where termination notice is required, it must be served on the employee at least 30 days prior to the termination date. Otherwise, the employer will be liable to pay the employee compensation equivalent to the wages that would have been due during the notice period.

Question 5

Rights of employees when arguing unfair dismissal

Answer 5

An employee whose employment contract is terminated has 30 days following receipt of the termination notice to challenge this decision before:
A) a special committee established on the instruction of the Minister of labour and Social Affairs; or
B) the labour court.