Termination of the Employment contract by the worker or the employee without notification
The case is described in
art.327 from the Labour code. The grounds could be:
- The employee is not able to execute his duties because of sickness and the employer can not propose alternative suitable work in compliance with the prescriptions of the Health authorities;
- The employer delays the payment of the monthly remuneration or of the health and the social contributions. The legislation does not determine the term of delay after which the employee is entitled to terminate his contract without notification. The delay of the payment shall cover the total amount due in order for the termination to be legally right. In compliance with art.245 from the Labour Code “the employer shall guarantee 60% of the gross monthly remuneration but not less than the statutory minimum wage. The difference which remain until the total is due with a fine of interest”. Therefore, if the employee had received more than 60% of his gross monthly remuneration he would not have been entitled to terminate his labour relation without notification;
- The employer decides to change the place or the job, or the agreed remuneration except for the cases when he is entitled to do so;
- In particular cases when the employee had won a selection competition and therefore he begins a scientific work;
- The employee /the worker/ continues his education in the school or university no matter if it is for high school education, bachelor, master or Ph degree;
- The employee /the worker/ works as substitution of another employee and could switch to full time job for undefined time;
- The employee /the worker/ is recovered on a position he was working before because the dismissal was claimed illegal.
- The employee /the worker/ starts a job with the state institutions;
Upon termination under point 1.1 the employee /the worker/ is entitled to compensation to the amount of the gross monthly remuneration for 2 months if the employee /the worker/ has at least 5 years labour experience and in the last 5 years had not received compensation on the same grounds.
The right for termination of the Employment contract without notification by the employee or the worker shall be exercised in writing with free content. The Letter of Notification shall contain the grounds for termination which is art.327 from the Labour code and to express the personal will of the employee /the worker/ to terminate the labour relation. The consent of the Employer is not needed. The moment of termination is deemed to be the day after the day when the Letter of Notification was received by the employer.