An employment contract is an agreement on which both parties, employers and employees, agree to end a period of employment. On the other hand, being fired is a unilateral decision. When an employee decides to resign and dismiss, he or she makes a unilateral decision. Even if the other party does not wish to be fired or lose an employee, layoffs or layoffs are effective means of termating the employment relationship without the consent of the other party. On the other hand, an amicable termination only takes effect if both parties agree on their conditions. Frustration is when something happens that neither you nor your employer expected, and that makes the employment contract impossible or very different from what it was originally. If an employer were to die (if your employer is an individual contractor) or if an employee is imprisoned or too sick to work, the contract would be frustrated and end like this. One of the disadvantages for employers who use an out-of-court dismissal is that it may take longer to clarify the administrative details of letting go. This requires additional resources, such as time and staff, to work out the details of an agreement. Recourse Once unjustified dismissal has been found, a court may order compensation, reinstatement or reinstatement. Reinstatement/reopening When considering these appeals, the court takes into account the worker`s wishes as to whether it would be possible to rehire/rehire and whether it would not be possible to make the order. These are discretionary powers and a court will consider the disruption that may be caused by the reintroduction of the employee into the workforce. Failure to comply with a rehiring or reinstatement order may result in additional compensation against the employer.
Compensation The court may pay compensation on the basis of a basic judgment and a compensatory judgment, with a legal maximum in almost all cases set annually. The maximum basic premium is currently 7,500? and the maximum compensation premium is 52,600. The basic bonus is calculated by referring to a formula based on the age, duration of operation and weekly salary of the employee. The compensation authorization is calculated on the basis of the loss of the net salary, from the date of dismissal to the date of hearing and the future loss. There may be additional elements, such as compensation for the loss of legal rights. Reduction principles also apply, both real and future. The worker`s own complicity may reduce the commitment attributed to him of the measure and measure to the extent that it is fair and equitable in view of the degree of fault. The duration of the contract (unlawful termination) Unless a worker is dismissed in the event of serious misconduct, a dismissed worker is entitled to termination of his employment relationship. This depends on the contractual notice period, subject to minimum legal notice periods. If the termination contract is not concluded, an ”appropriate” termination is implied, subject to the legal minimum notice periods.
All actual circumstances (including remuneration, position and duration of the audit) are relevant to determining what is reasonable. A worker dismissed in breach of his contract is entitled to damages to enable him to commit himself in the event of legal termination of the contract, i.e. the duration of the notice period. It is therefore necessary to take into account all contractual services, such as. B the following: the worker must also have a reasonable presumption that disclosure is in the public interest. There is no requirement of good faith. A qualifying disclosure is ”protected” if it is made directly to the employer, to a ”responsible” third party, or to a ”mandatory” person, such as a regulatory authority. .