A justified reason is considered necessary for the dismissal of a worker who works on such a position with an indeterminate contractual duration of at least 6 months and employs more than 30 people. Under section 18 of the Code, the employer bases the dismissal of a worker on a justified cause that is the cause of either the worker`s suitability, his actions, or the necessities of work or the workplace. In the United Kingdom, the distinction is made between unfair dismissal, which is a legal right under the Employment Rights Act of 1996, and unfair dismissal, based solely on the terms of the employment contract. In order to assert an irregular right of dismissal, the worker must prove that he was dismissed in violation of the employment contract or with less than the legal minimum duration of the termination. They must also prove that they have suffered a loss (i.e. a loss of wages). Workers can terminate their contract by resigning and an employer can terminate the contract by laying off a worker. Under Article 20 of the Labour Code, a worker whose employment contract is terminated may, within one month of the date of dismissal, clean up and argue that he or she is terminated without justification or that the cause is not justifiable. In order to avoid further litigation, the termination of the employment contract must be established in writing by agreement. The labour law does not have a specific provision on reciprocal redundancy agreements.
However, Supreme Court decisions have repeatedly emphasized that reciprocal termination agreements, since they are in accordance with a « cancellation contract, » are governed by the general provisions of the law of obligations with respect to legal status. An employee or employer may decide to terminate an employment contract. Severance or severance pay is often awarded to workers in the event of termination. Although there is no legal obligation imposed by the Fair Labor Standards Act (FLSA), many employers include a redundancy agreement under the terms of the employment contract, particularly in the case of executives and directors. It`s usually one to two weeks of work for each year, but can be more. As an alternative to dismissal or dismissal, both parties who have signed an employment contract may also agree to terminate their employment relationship with a redundancy contract. This has several advantages for both parties.