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

The case is described in art.330 and art.221, para 2 and 3 from the Labour Code. The termination of the employment relation is connected with the notification procedure for termination under art.62, para 3 from the Labour Code to the respective directorate of the National Revenue Agency as well as with the legal relations arisen after that - the procedure for registration in the Employment bureaus for receiving of unemployment compensation /art.54b, para 3 from the Social security Code. The termination of the Employment contract by the Employer without notification is a subjective right of the Employer whereat he unilaterally terminates the employment contract without the consent of the employee.

In compliance with art.330 from the Labour code the grounds for termination by the Employer without notification are as follows:

• The employee /the worker/ is detained for serving a sentence by the competent authorities. The essence of the crime as well as the degree of the punishment are not important. From the moment of detention for the Employer arises grounds for termination of the employment relation;
• The employee /the worker/ is denied by means of sentence or administrative way to practice his profession or to hold the position on which he is assigned;
• If the employment contract had been concluded with a view to the employee’s scientific rank or degree and the rank or degree had been deprived. The grounds for the termination in this case would be the deprivation of the scientific rank or degree which had been the reason for the conclusion of the employment contract;
• For doctors and dentists if they had been deleted from the register of the practitioners then the Employer would have been entitled to terminate the employment contract without notification;
• For reasons of health if the employee /the worker/ refuses the transfer to a more appropriate job. The transfer to a more appropriate job shall be in accordance to the instructions received by the medical bodies /art.314 from the Labour code/;
• The employee /the worker/ is disciplinary dismissed;

The right for unilateral termination of the labour relation without notification by the employer shall be expressed in writing. The employee’s consent is not needed. The moment of termination is the moment of receiving the written information from the employee. The employment contract shall be deemed terminated the day after the receiving of the written information.

Upon disciplinary dismissal the employee /the worker/ owes to the Employer compensation to the amount of the gross remuneration for the term of notification for the unlimited by term contracts and to the amount of the real damage for limited by term contracts. The employees dismissed on the grounds of art.330 from the Labour code are entitled to the minimum unemployment compensation up to 4 months – art.54b, para 3 from the Social Security Code.