Termination of Employment Relationships: Legal Aspects and Procedures
Termination of employment relationships involves various legal considerations and procedures that safeguard the rights of both employees and employers. This comprehensive overview covers reasons for termination, including death of the employee or employer, contract expiration, reaching pension age, and more. It also delves into termination by agreement and employees' rights to terminate contracts in private and public sectors. Understanding these aspects is crucial for ensuring a fair and lawful termination process.
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TERMINATION OF EMPLOYMENT RELATIONSHIP Msc.Muhamet Binaku PhD Candidate European University of Tirana, Albania binaku_15@hotmail.com
Employees in working relations, except they have work obligations, they have also the legal right to be protected against any violation of their rights during the establishment of employment and termination of employment. Upon termination of employment, the employee who had lost status and therefore it ceases to enjoy the rights arising from employment, which has carried out during the time he was employed. Taking into account the consequences of termination of employment, the legislator has determined the cases and the conditions for employees work termination
With the death of the employee; With the death of the employer when the work performed or services provided by the employee are of personal nature and the contract cannot be extended to the successors of employer; With the expiry of duration of contract; When an employee reaches the pension age, sixty- five (65) years of age; On the day of the submission of plenipotentiary proof of the loss of labour competencies; If an employee shall serve a sentence which will last longer than six (6) motnhs; With the decision of the competent court, which leads to the termination of employment relationship; With the bankruptcy or liquidation of the enterprise; Other cases specified by Laws in force.
Termination of Employment Contract with the Agreement An employment contract may be terminated with the agreement of the employer and the employee. In cases of termination of employment contract with agreement, the employer is obliged to execute the salary to the employee for the days of the termination
Termination of the Contract by the Employee Each one from the employers to the private sector and in the public sector, have the right to concern employers with this noticification that will terminate this contract. The deadline of this notification depends from the status of the employer In case of interruption of the contract with agreement , employer is obligated to pay the salary of employers, salary for the days of work until the interruption of it.
Termination of Employment Contract by the Employer Employer can terminate the contract of employee with announcment, in case that the termination will be justified, because of to the economik ,tecnik and organizativ reasoning. In case when the empoye is not able to finish obligation from the employment contract for the reason of loss of skill to finish his jobs etc.
Notification period for termination of employment contract The employer may terminate an employment contract for an indefinite period according to Article 70 of this Law with the following periods of notification: From six (6) months - 2 years of employment, thirty (30) calendar days; Ffrom two (2)- ten (10) years of employment: fourty-five (45) calendar days; Above ten (10) years of employment: sixty (60) calendar days.
Procedure Prior to the Termination of the Contract 1. The decision to terminate an employment contract shall be issued in writing and shall include the grounds for the dismissal. Employer is obliged to execute the salary and other allowances up to day of the termination of employment relationship. The employer may deny the employee access to the premises of the enterprises during the period of notification, namely prior to terminating the employment contract.
Temporary Suspension from Work An employee may be temporary suspended from work if: Criminal procedures are initiated against an employee because of alleged criminal offence of any kind; An employee is detained; An employee conducts a serious violation of work related obligations defined by this Law
Compensation of Salary during the Temporary Suspension During the temporary suspension from work, an employee is entitled to salary compensation in amount of fifty percent (50%). Temporary suspension from work under may not last more than six (6) months, during which period the employer shall either return the employee to work or shall terminate the labour contract.
Collective Dismissals Cases where dismissals according to sub- paragraph 1.1 of paragraph 1, Article 70 of this Law, include at least ten percent (10%) of the employees but not less than twenty (20) employees discharged within a six (6) month period, shall be considered as collective dismissal. Prior to introducing such changes, an employer shall notify its employees and, where applicable, the employees trade union(s) one (1) month in advance in writing of the changes planned and their implications, including:
