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Other documents concerning this field
Amendment of an employment contract
There are two ways to amend the employment relationship. There are cases, when the employer is entitled to amend particular elements of the contractual relation on his own, however there are cases within this area, when the mutual consent of the parties is indispensable for the amendment to take place. A major reason for the existence of labour law related court cases is the breach of this rule, when the employer one sidedly amends the contract without the consent of the employee. As an entrepreneur, in order to be able to organise the work schedule, tasks, and the working hours of an employee, it is necessary to be aware of the rights of the employee. A legal dispute consumes a lot of time, effort and money, which all could be prevented by planning and proper preparations.
Termination of an employment contract
The issues concerning the termination of an employment contract are also a dominant cause of legal disputes. If the employer decides to terminate the contract, he is obliged to give the reasons for the decision. An employee may be dismissed only for reasons in connection with his/her behavior in relation to the employment relationship, with his/her ability or in connection with the employer’s operations. The law restrains the termination of the contract with the employee in some particular cases, such as pregnancy or the period after childbirth in case of a woman employee.
- In case of collective redundancies the law provides further, additional rules concerning this issue. It is considered collective redundancy, if the employer:
- intends to terminate the contract of 10 employees in case of having an average 20-100 employees within 6 months before the decision
- dismisses at least the 10% of the employees in case of employing 100-300 people at the same time intends to terminate the contract of 30 employees in case of having more than 300 employees within 6 months before the decision
- The employer is obliged to pay severance payment if he terminates the contract, and the employment relationship lasts for at least 3 years.
- Termination without notice is a way of terminating the contract according to the Labour Code, but its conditions need to be considered in a very serious way for the reason that the courts tend to interpret the terms and conditions in a different way than the employers (….willfully or by gross negligence commits a grave violation of any substantive obligations arising from the employment relationship). The “substantive obligation arising from the employment” or the “otherwise engages in conduct that would render the employment relationship impossible” are subjective expressions, therefore it is not easy to decide if an act can be considered as one, due to this fact it is highly recommended to get informed by a lawyer.
If the employer terminated the contract in an unlawful way, then compensation needs to be paid for the damages caused by his unlawful actions, furthermore, if the employee requires it, employment relationship can be restored by the court.
Labour law disputes, occupational accidents
The employee is entitled to pursue their claims arising from the employment relationship by judicial process. A legal dispute takes a lot of time, as mentioned before, for this particular reason it is better to prevent such unpleasant events in order to support the development of an enterprise.