COMPREHENDING ESSENTIAL EMPLOYEE DUTIES IN THE LIGHT OF ART. 52 § 1 PT 1 LABOUR CODE

Abstract

Terminating the contract of employment with the employee without notice because of heavy violating by the employee his essential duties is one of manners of standing still joining the employee and the employer of the employment. Art. 52 § 1 pt contains 1 Labour Code in itself general clauses which they are: ,, essential employee duties “and,, heavy infringement”. The appropriate definition and classification of these notions are absolutely necessary, because so that the employer can apply the mode which is talked about in Art. 52 towards the employee art. 52 § pt 1 Labour Code, it is necessary that the employee violates the essential duty and so that this infringement has heavy character, ergo due defining is so important both. By virtue of the lack enumerative of catalogue of behaviors which could be classified as meeting requirements determined in Art. 52 § 1 pt 1 Labour Code, in this respect using doctrine and judicial decisions which in the constant and dynamic way modify this catalogue, are necessary what from one  party contributes to the uncertainty of the employee, whereas on the other he causes that the catalogue of these behaviours is updated appropriately to time of the period and of socialeconomic conditions.