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Termination of employment relationship on personal grounds
Did you run into problems at work?
There must always be serious and legal grounds for the termination of employment, such as a severe breach or neglect of obligations that materially affects the employment relationship.
Termination may also be relevant in situations where the employee, public servant or public official can no longer perform his/her work duties, for example, for health reasons.
Employment relationships cannot be terminated, for example, on the following grounds:
- an illness, disability or accident, unless the person’s work ability has significantly deteriorated as a result
- participating in an industrial action under the Civil-Servant Collective Agreements Act or the Collective Agreements Act
- political, religious or other opinions
- participating in societal or trade union activities
- resorting to a means of legal protection available to employees
Warning before termination
If the offence is minor, the employer must issue a warning before terminating an employee’s employment. A warning gives the employee, public servant or public official the opportunity to rectify their actions.
Workplaces may have different procedures for giving warnings, but a warning must always be duly issued. The warning must not be given while the employee is carrying out his/her work tasks. The employer may also give a verbal or written notice before the warning.
What if I have received an unjustified warning?
If you feel the warning is unjustified, you should let your employer know in writing. Present clear grounds for why the warning is unjustified.
Opportunity to be heard
If your employer terminates your employment on personal grounds, you have the opportunity to be heard. You have the right to know the grounds for your termination and to present your opinion on the matter.
You should request the presence of your shop steward or OSH representative, who will make sure that the termination decision and grounds are recorded in the minutes.
Be sure also not to sign any document stating that you are resigning.
Still looking for answers?
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