Common use of Termination of employment contracts Clause in Contracts

Termination of employment contracts. 11.2.1. In general on termination of employment The right to terminate employment is mutual. Any termination of employment shall be in writing and in the same language as the employment contract of the employee. 11.2.2. Interview on the reason for termination Employees are entitled to an interview on their termination of employment and the reasons for termination. Requests for an interview must be submitted within 4 days (based on working days) from the date that the termination notification is received, and the interview must take place within 4 days (based on working days) from such request. The employee may request, on the conclusion of such interview, or within 4 days (based on working days), that the reasons for the termination be provided in writing. In the event that the employer acquiesces to such request, the request shall be fulfilled within 4 days (based on working days) thereafter. If the employer does not acquiesce to the request of the employee as regards written reasoning, the employee is entitled to another meeting with the employer within 4 days (based on working days) as regards the reason for the termination of employment in the presence of his or her trade union representative or other representative of his or her trade union if the employee so requests. 11.2.3. Limitations to termination authorisations according to law On termination of employment, account must be taken of the provisions of law that limit employers’ general rights to terminate employment. These include, among others, provisions relating to shop stewards and safety stewards, pregnant women and parents on parental leave, employees who have given notice of maternity/ paternity and parental leave and employees with family responsibilities. Care must also be taken of the provisions of Article 4 of Act No. 80/1938 on Trade Unions and Labour Disputes, legislation on the equal status and equal rights of men and women, legislation on part-time workers, legislation on the legal status of workers on transfer of ownership of companies and consultation obligations in laws on collective redundancies. When an employee enjoys protection against termination according to law, the employer is under obligation to justify in writing the reasons for the termination of employment. 11.2.4. Penalties‌ Violations of the provisions of this section may be subject to compensation according to general rules of tort.