Are you being dismissed by your employer by several reasons below?
It is prohibited to terminate the employment relationship during
- maternity leave and
- absence from work due to special care for a child, except in cases of a collective dismissal.
The Law on Labour provides for collective dismissal and involves the dismissal of at least 10% of the employees but not less than 20 employees discharged within a six-month period. In the case of a collective dismissal, the employer is obliged to make severance payment to its employees who have an indefinite contract. The amount varies and depends on their period of employment with the company:
- between two and four years of service, one month’s salary;
- between five and nine years of service, two months’ salary;
- between 10 and 19 years of service, three months’ salary.
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Gross misconduct can be any conduct where you have behaved in a way that represents a serious breach of your contract, making any continuing relationship with your employer impossible. This could be something specific in relation to your particular industry sector or job title, and which may not apply to employees who do similar roles for different employers. Examples include:
- violence at work;
- intoxication from drink or drugs;
- fighting or other physical abuse;
- continued refusal to obey the reasonable instructions of your manager;
- serious breach of health and safety rules.
The ACAS code of practice sets out the process your employer should follow if disciplinary action is being taken. If your employer does not follow the correct process and you lose your job, this could amount to unfair dismissal.
Where you are facing potentially career threatening allegations, then the standard required for an investigation is higher. Your employer must carry out an “even-handed, careful enquiry”. This means the investigator must focus equally on any potential evidence that may point towards your being not guilty and/or innocent of the allegations against you, as they should in relation to evidence which could prove the charges against you.
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