(1) The individual employment contract may be terminated:

a) in circumstances beyond the control of the parties (Articles 82, 305 and 310);

a.1) by written agreement of the parties (art. 82.1);

b) at the initiative of one of the parties (Articles 85 and 86).

(2) In all the cases referred to in paragraph (1), the day of termination of the individual employment contract shall be considered the last day of work.

(3) The individual employment contract shall be terminated on the basis of the employer's order (provision, decision, solution), which shall be notified to the employee, under signature or by another means allowing confirmation of receipt/notification, at the latest on the day of release from work, unless the employee does not work until the day of release from work (unjustified absence from work, deprivation of liberty, etc.). The employer's order (provision, decision, solution) on the termination of the individual employment contract must contain a reference to the corresponding article, paragraph, point and letter of the law.

The individual employment contract terminates in circumstances that do not depend on the will of the parties in case of:

a) death of the employee, declaration of his death or disappearance without trace by a decision of the court;

b) death of the natural person employer, declaration of his death or disappearance without trace by a decision of the court;

c) finding of the nullity of the contract by decision of the court - from the date of finality of the respective decision, except for the cases provided in art. 84 paragraph (3);

d) withdrawal, by the competent authorities, of the authorization (license) of activity of the unit - from the date of its withdrawal;

d.1) withdrawal, by the competent authorities, of the authorization (license), the permit, which grants the employee the right to work in a certain profession, trade or to perform a certain work - from the date of withdrawal of the respective act;

e) application of the criminal punishment to the employee, by decision of the court, which excludes the possibility to continue working at the unit - from the date of finality of the court decision;

f) expiration of the term of the individual fixed-term employment contract - from the date provided in the contract, unless the employment relationship continues in fact and neither party has requested their termination, as well as the case provided in art. 83 para. (3);

g) completion of the work provided by the individual employment contract concluded for the period of fulfillment of a certain work;

h) end of the season, in case of the individual employment contract for the fulfillment of the seasonal works;

i) reaching the age of 65 by the head of the state unit, including municipal, or of the unit with majority state capital;

j) force majeure, confirmed in the established manner, which excludes the possibility of continuing employment relationships;

j.1) re-establishment at the workplace, according to the decision of the court, of the person who previously performed the respective work, if the transfer of the employee to another work according to the present code is not possible;

k) other grounds provided in art. 305 and 310.

Note.

Persons released from service pursuant to letter i) may be employed for a determined period according to art. 55 lit. f), in any position, other than that of head of state unit, including municipal, or of unit with majority state capital.

The individual employment contract may be terminated at any time by written agreement of the parties.

(1) (Repealed)

(2) (Repealed)

(3) The individual fixed-term employment contract concluded for the period of fulfilling the employment obligations of the employee whose individual employment contract is suspended or who is on the respective leave (art. 55 letter a)) ends on the day of return of this employee to thing.

(4) If, at the expiration of the term of the individual fixed-term employment contract, neither of the parties has requested its termination and the employment relationships continue in fact, the contract shall be considered extended for an indefinite period.

(5) The individual fixed-term employment contract may be terminated prematurely in the cases provided in art. 82, 82.1, 85 and 86.

(1) Failure to comply with any of the conditions laid down in this Code shall render an individual employment contract null and void.

(2) A declaration of invalidity of the individual employment contract shall have effects for the future.

(3) The invalidity of an individual employment contract may be remedied by the fulfilment of the relevant conditions laid down in this Code.

(4) Where one of the conditions of an individual employment contract becomes invalid due to the establishment of rights for the employee below the level prescribed by law, collective agreements or collective bargaining agreements, this condition is automatically replaced by the minimum relevant condition prescribed by law, agreement or contract.

(5) The invalidity of an individual employment contract shall be determined by a court decision.

(6) An employee who has worked under an individual employment contract declared null and void shall be entitled to remuneration for the work performed.

(1) The employee has the right to resign - termination of the individual employment contract, except for the provision of paragraph (4.1), on his own initiative, notifying the employer, by written request, 14 calendar days in advance. The expiry of the said period shall begin on the day immediately following the day on which the application was registered.

(2) In case of resignation of the employee in connection with retirement, with the establishment of the degree of disability, with the leave for childcare, with the enrollment in an educational institution, with the transfer to another locality, with the care of the child until the age of 14 years or the child with disabilities, with the election in an elective position, with the employment by competition in another unit, with the violation by the employer of the individual and / or collective employment contract, of the labor legislation in force, the employer is obliged to accepts the resignation within the short term indicated in the submitted and registered application, to which the respective document confirming this right is attached.

(3)After the expiration of the terms indicated in paragraphs (1), (2) and (4.1), the employee has the right to stop working, and the employer is obliged to make full payment of the salary rights due to the employee within the terms provided for in art. 143 and to release the documents related to his activity in the unit.

(3.1) The individual employment contract may be terminated, with the written agreement of the parties, before the expiration of the terms indicated in paragraphs (1), (2) and (4.1).

(4) For 7 calendar days from the date of submission of the resignation request, the employee has the right to withdraw his application or to submit a new application, by which to cancel the first one. In this case, the employer is entitled to release the employee only if, until the withdrawal (cancellation) of the submitted application, an individual employment contract has been concluded with another employee under the conditions of this code.

(4.1) The head of the unit (branch or representative office), his deputies and the chief accountant are entitled to resign, notifying the employer, by written request, one month in advance.

(5) If, after the expiration of the terms indicated in paragraphs (1), (2) and (4.1), the employee has not in fact been dismissed and he continues his work activity without reaffirming in writing his desire to terminates the individual employment contract, its release is not allowed.

(1) Dismissal - termination on the employer's initiative of an individual employment contract concluded for an indefinite term and a fixed-term individual employment contract - shall be allowed on the following grounds

a) unsatisfactory outcome of the employee's probationary period (Article 63 (2));

b) Liquidation of the enterprise or termination of the activity of the individual employer

c) a reduction in the number of employees or in the staff of the enterprise

d) a finding of inadequacy of the employee for the position held or work performed due to his/her health condition in accordance with a medical document (certificate/document etc.) issued by a competent medical authority (institution)

f) a repeated unsatisfactory achievement of the indicators of individual achievements during the year. The dismissal may only take place following a prior evaluation of the employee in accordance with the evaluation procedure specified in the collective agreement, the applicable collective bargaining agreement or, in their absence, in accordance with the enterprise's internal regulations, in compliance with the general provisions laid down in this Act, provided that the employer has instructed the employee and has issued a written warning and given the employee a reasonable period for correction

f) a change of the employer's owner (in the case of the head of an enterprise, his deputies and the chief accountant);

g) repeated violation of work duties during one year, if the employee has been previously disciplined

h) absence from work without a valid excuse for four consecutive hours (not including a meal break) during the working day;

i) Being at work under the influence of alcohol, drugs or other substances as defined under article 76 (k);

j) Commission of an offence or offence against the property of the undertaking, established by a court decision or by an act of the authority competent to impose penalties for offences;

k) commission of an offence by an employee who directly services funds or material assets or who has access to the employer's information systems (information collection and management systems) or to systems operated by the employer, if those actions might cause the employer to lose confidence in that employee

k.1) Violation of the duty stipulated in section 7(2)(a) of the Institutional Integrity Assessment Act No 325 of 23 December 2013;

l) repeated gross violation, within one year, of the statutes of an educational institution by an educational employee (Article 301);

m) Commitment of immoral misconduct incompatible with the position held by the employee performing educational functions;

n) Use of physical or mental violence (including on one occasion) by a teaching staff member against pupils (art. 301)

o) The signature by the head of an enterprise (branch or subdivision), his deputies or chief accountant of an unjustified legal act causing material damage to the enterprise

p) A gross violation, even a single one, of his or her employment duties

r) the submission of false documents by an employee to the employer when entering into an individual employment contract (paragraph (1) of Article 57, duly verified

s) with regard to part-time employees - conclusion of an individual employment contract with another person for whom this occupation, profession or position is the main one (art. 273);

t) (repealed)

u) transfer of an employee to another enterprise with the employee's consent and with the consent of both employers

v) the employee's refusal to continue working due to a change of ownership or reorganisation of the enterprise, or due to the transfer of the enterprise to another authority;

x) Refusal by an employee to be transferred to another job for health reasons on the basis of a medical certificate (Article 74 (2))

y) the employee's refusal to be transferred to another locality due to transfer to that locality by the enterprise (art. 74, para. (1)); as well as

y.1) the employee's status as an old-age pensioner

z) on other grounds stipulated by this Code and other laws.

Note. Persons dismissed under paragraph (y.1) may be employed for a fixed term in accordance with Article 55(f).

(2) An employee may not be dismissed while on sick leave, annual leave, study leave, maternity leave, paternity leave, partial paid leave for the care of a child up to the age of 3, additional unpaid leave for the care of a child between the ages of 3 and 4, leave for the care of a sick family member, leave for the care of a disabled child, during the period of fulfilment of state or public service obligations and during secondment, except in the event of the liquidation of the establishment.

(1) When dismissing employees who are members of a trade union, the employer shall request in advance the advisory opinion of the trade union body in the unit, by notifying that body.

(2) When dismissing the persons elected in the trade union bodies and not released from the basic job, the employer requests in advance the consultative opinion of the trade union body whose members are the persons concerned, by a notification in which he argues his intention.

(3) When dismissing the leaders of the primary trade union organization (trade union organizers) not released from the basic job, the employer requests in advance the consultative opinion of the hierarchically superior trade union body, by a notification in which he argues his intention.

(4) The trade union bodies indicated in par. (1) - (3) shall present its opinion within 10 working days from the date of receipt of the notification.

1) The employer is entitled to dismiss employees from the establishment in connection with its liquidation or in connection with a reduction in the number or status of staff (Article 86 (1) (b) and (c)) only on condition that:

a) it shall issue an order (provision, decision, ruling), legally or economically motivated, concerning the liquidation of the establishment or the reduction of the number or the staff;

b) issues an order (provision, decision, decision) concerning the notice, under signature or by another means allowing confirmation of receipt/notification of each employee concerned, of the employees 2 months before the liquidation of the establishment or the reduction in the number or the staffing levels. In the event of a reduction in numbers or staffing levels, only those whose jobs are to be reduced will be notified;

c) once notice of the reduction in the number or status of staff has been given, offer in writing to the employee on notice another job (position) in the establishment concerned (provided that such a job (position) exists in the establishment and the employee on notice meets the necessary requirements to fill it);

d) shall, in the first instance, reduce the vacancies;

e) will terminate the individual employment contract in the first instance with employees employed on a cumulative basis;

f) grant the employee to be dismissed one working day per week with the maintenance of the average wage to look for another job;

g) will submit, in the prescribed manner, 2 months before the dismissal, the information on the persons to be dismissed to the employment agency;

h) shall apply to the trade union body (organiser) for an advisory opinion on the dismissal of the employee concerned;

i) (repealed)

(2) If, after the expiry of the 2-month notice period, the order (order, decision, decision) to dismiss the employee has not been issued, this procedure may not be repeated within the same calendar year. The period of notice does not include the period during which the employee is on annual leave, study leave or sick leave.   

(3) The reduced job may not be reinstated in the states of the establishment during the calendar year in which the dismissal of the employee who occupied it took place.

(4) In case of liquidation of the establishment, the employer shall be obliged to comply with the dismissal procedure provided for in paragraph (1) (a), (b), (f), (g) and (i).

(1) The employer is entitled to dismiss the employees in connection with the transfer to another unit (art. 86 par. (1) letter u)) only on condition that:

a) will receive a written request from another employer requesting the dismissal by transfer of a certain employee, indicating the job (position) proposed to him at the new unit;

b) (repealed)

c) will obtain the written consent of the employee for dismissal;

d) will pay to the dismissed employee, on the day of dismissal, all the amounts due to him from the unit (salary, compensation for unused leave, etc.).

(2) The employee, until the written expression of the dismissal agreement, may request from the new employer the employment offer, which will include all the clauses of the future individual employment contract.

(3) The employment offer is presented to the employee in written form and is irrevocable within the term provided by it.

(4) The refusal to hire the dismissed employee in connection with the transfer to another unit, as a result of his and both employers' agreement, is prohibited.

(1) An employee wrongfully transferred to another job or wrongfully dismissed from work may be reinstated by direct negotiations with the employer, and in case of dispute - by court decision.

(2) When examining the individual labour dispute by the court, the employer shall be obliged to prove the legality and indicate the grounds for the employee's transfer or release from work. In case the employee who is a trade union member challenges the dismissal order, the court shall request the advisory opinion of the trade union body (organiser) on the dismissal of the employee concerned.

(3) Immediately after the court's decision on the employee's reinstatement, the employer is obliged to issue a reinstatement order, which he shall notify to the employee, under signature or by other means allowing confirmation of receipt/notice, within 3 working days from the date of issue.

(1) In case of reinstatement at work of the employee illegally transferred or dismissed, the employer is obliged to repair the damage caused to him.

(2) The reparation by the employer of the damage caused to the employee consists in:

a) compulsory payment of compensation for the entire period of enforced absence from work in an amount not exceeding 12 average monthly salaries of the employee in the event of transfer or unlawful dismissal;

b) compensation of additional expenses related to contesting the transfer or dismissal from the service (consultation of specialists, court costs, etc.);

c) compensation of the moral damage caused to the employee.

(3) The amount of reparation of the moral damage shall be determined by the court, taking into account the appreciation given to the actions of the employer, but may not be less than an average monthly salary of the employee.

(4) Instead of reinstating at work, the parties may conclude a conciliation transaction, and in case of litigation - the court may collect from the employer, with the consent of the employee, for his benefit, an additional compensation to the amounts indicated in para. (2) in the amount of at least 3 average monthly salaries of the employee.