TERMINATION OF A CONTRACT OF EMPLOYMENT WITHOUT NOTICE BY THE EMPLOYER BECAUSE OF SERIOUS BREACH OF BASIC DUTIES BY THE EMPLOYEE

Abstract

Termination of a contact of employment without notice by the employer because of serious breach of basic duties by the employee is one of manners of terminating joining the employee and the employer of the employment. This procedure shall also be called the immediate, disciplinary dismissal in practice treated by employees as the penalty. Art. 52 § 1 point shall contain 1 Labour Code in itself general clauses which they shall be: ,,essential employee obligations “and ,,heavy breach”. These two not-re-asserted notions shall be under discussion both in doctrine, and in the judicial decision. The fact that a legislator didn’t define these attributes shall leave the great freedom to employers and courts in their interpretation. Unfortunately in my estimation it shall be negative for employees. Lack enumerative of catalogue of behaviours which might be classified as meeting specific requirements in Art. 52 § 1 point shall cause 1 Labour Code, that this procedure for dissolving a contract shall be treated by employees as the sanction.