Unilateral Termination of Employment: Grounds, Legal Requirements, and Employee Rights
What is Unilateral Termination of Employment?
Unilateral termination of employment occurs when an employer decides to end an employee’s contract without the employee’s consent. This is usually due to breaches of work obligations, unethical behavior, or non-compliance with company policies. In Serbia, labor laws outline clear guidelines for such dismissals to ensure fairness and legal compliance.
In this blog, we’ll focus on the reasons for unilateral termination, the legal process, and employee rights when facing termination due to violations of work obligations and work discipline.
Grounds for Unilateral Termination of Employment
An employer can terminate an employee’s contract unilaterally if the employee violates work obligations or fails to follow workplace discipline. These violations typically fall into two categories: breaches of work obligations and breaches of work discipline.
1. Failure to Follow Work Obligations
Work obligations are outlined in the employee’s contract, company policies, and general rules. If an employee fails to meet these obligations, they can face termination. Some common breaches include:
- Non-compliance with Contract Terms: This includes failing to meet job expectations, disregarding company policies, or ignoring instructions from superiors.
- Failure to Meet Work Standards: Employees who consistently fail to meet the company’s expectations or deliver results may face dismissal.
For example, if an employee neglects their responsibilities or consistently underperforms, the employer may decide to terminate their contract.
2. Inappropriate and Unprofessional Behavior
Inappropriate behavior at the workplace, whether directed at colleagues, clients, or superiors, is a serious violation that can result in termination. Such behavior includes:
- Harassment or Disrespect: Insulting colleagues, clients, or using inappropriate language can lead to dismissal. For example, if an employee insults a colleague or behaves in an unprofessional manner, it may harm the workplace environment and reputation.
- Damage to Company Reputation: If an employee’s actions damage the company’s public image or create discomfort for others, termination may follow.
For example, an employee who engages in unprofessional conduct toward clients or colleagues could face dismissal, as their actions reflect poorly on the company.
3. Unjustified Absence or Unauthorized Leave
Unauthorized absence from work is another common reason for termination. Employees are expected to follow the agreed working hours and request leave if necessary. If an employee’s absence is unjustified, it may lead to dismissal.
- Failure to Report Absence: If an employee fails to inform their employer of an absence or provide a valid reason, this could result in termination.
- Non-compliance with Work Hours: Repeatedly disregarding the work schedule despite multiple reminders can also lead to dismissal.
For example, if an employee is absent without explanation and does not inform the employer in advance, the employer may decide to terminate their employment.
4. Tardiness and Work Discipline Violations
Repeated tardiness is a violation of work discipline. Employers are allowed to terminate employees who consistently arrive late, especially after being given warnings.
- Habitual Late Arrivals: If an employee is repeatedly late to work without a valid reason, this can result in termination.
- Disregard for Work Schedules: Employees who fail to follow the company’s set working hours, despite instructions to the contrary, can face dismissal.
For example, if an employee consistently arrives late and disrupts the flow of work, termination may be justified.
5. Disregard for Employer’s Authority
Ignoring an employer’s authority is a serious violation of work discipline. Employees who refuse to follow instructions or decisions from their superiors may be dismissed.
- Ignoring Direct Orders: Employees who repeatedly ignore direct orders from their superiors may face dismissal for insubordination.
- Failure to Follow Company Decisions: If employees refuse to comply with company decisions or behave in ways that contradict the company’s objectives, they may be terminated.
In a case where an employee repeatedly ignored direct orders, they were dismissed for failing to comply with the company’s expectations.
The Legal Process of Unilateral Termination
In Serbia, the process of unilateral termination must adhere to legal procedures to ensure the dismissal is valid. The key steps include:
- Investigation and Documentation: The employer must gather evidence of the employee’s violations, such as reports from supervisors or colleagues.
- Issuance of a Warning: Before termination, the employer is required to issue a formal warning, giving the employee an opportunity to explain their actions.
- Termination Notice: If violations persist, the employer issues a termination notice, specifying the reasons for dismissal, and ensures that any outstanding payments are made.
- Right to Appeal: The employee can appeal the dismissal within 60 days from the date of receiving the termination notice, either through internal channels or by filing a lawsuit.
Employee Rights and Employer Obligations
Employees have the right to a fair process and the opportunity to explain their actions before termination. They are also entitled to appeal the decision if they believe the termination is unjust.
Employers, on the other hand, must ensure they follow proper procedures and document violations. Failure to do so can result in legal challenges. Employers should always take care to avoid wrongful termination by adhering to legal standards and offering the employee a chance to respond.
If you are an employer considering unilateral termination or an employee facing dismissal, seeking legal advice ensures that you comply with the law and protect your rights.
Conclusion: Fairness and Legal Compliance in Unilateral Termination
Unilateral termination due to violations of work obligations and discipline is a serious matter. Employers must have clear, documented reasons for dismissal and follow the legal process. Employees should understand their rights and be aware of the legal avenues available to them if they believe their dismissal is unfair.
Employers must approach unilateral termination carefully, ensuring they follow proper legal procedures to protect both the company and the employee.
If you need guidance on managing the unilateral termination of employment process, contact STATT today. Our legal team provides expert advice and support to help you navigate these challenges.