Termination of the Employment contract by the worker or the employee without notification

The case is described in art.326 from the Labour code. This type of termination is connected also with the notification of the National Revenue Agency under art.62, para 3 from the Labour code. Provisions concerning the termination with notification is given also in art.220 from the Labour code.

The notification prepared by the employee /the worker/ shall be in written form in compliance with art.326, para 1 from the Labour code. Verbal notification is invalid and can not arise any legal actions. The right for termination of the labour contract with notification is unilateral and shall contain explicitly the personal will of the employee /the worker/ to terminate his labour relation with the employer. The notification could be delivered personally or sent by post with return receipt.

The term of the notification depends on the type of the employment contract: - for employment contracts without term the period of the notification is 30 days unless the both parties had agreed a longer notification term. The term shall be calculated in calendar days. It is possible for the employer and the employee/the worker/ to agree a longer period by means of individual or collective agreement but no longer than 3 months;

- for employment contract limited by term the period of notification is 3 calendar months but no longer than the rest of the contract;

- for employees /workers/ in charge with material responsibility the Labour code /art.326, para 3/ provides a longer notification period – 2 months in total with the notification. The condition for the prolonged term is the employee’s /worker’s/ possibility to return the entrusted property;

- for additional employment under art.110 and art.111 from the Labour code the notification period is 15 days /art.334 from the Labour code/;

After the term of the notification had run out the employment contract shall be terminated. But art.220 from the Labour code stipulates the possibility for termination of the employment contract before the termination had run out after mutual agreement by the both parties. When the employee /the worker/ had sent a notification he can not work the total of 30 days. In that case he shall owe a compensation to the amount of his gross remuneration for the non-observed term. The employer also is entitled to terminate the employment relation before the termination had run out. In that case he shall owe a compensation to the amount of the employee’s /the worker’s/ gross remuneration for the non-observed term. The termination of the employment contract is objectified by issuance of written order by the Employer.

In a 7 days term from the termination of the employment contract the Employer shall send a notification under art.62, para 4 from the Labour Code to the respective directorate of the National Revenue Agency, whereby to announce that the labour relation is no more existing.