Termination: the right ground is not enough
Unilateral termination of an employment contract is one of the most sensitive legal decisions an enterprise makes. Even where the ground is lawful, missing the notice period or a mandatory step can turn a lawful termination into an unlawful one — with compensation and reinstatement as the consequence.
Three groups of procedural milestones
- The ground for termination: it must fall within the cases the law permits, with clear supporting documents.
- The notice period: it varies by type of contract and by sector; notice that is even a few days short gives the employee grounds to complain.
- The obligations on termination: pay all amounts due, complete the closing of the social insurance book and return the employee's documents.
Where things typically go wrong
Enterprises most often run into difficulty with terminations for economic reasons, restructuring, or an employee repeatedly failing to complete their work. These grounds demand a rigorous process: the assessment criteria must be objective, set out in advance, and the process must be recorded in writing.
Prepare the file before you act
The safest approach is to review the grounds and the process with a lawyer before issuing the decision, rather than dealing with the consequences once a dispute has started. A complete file is the best shield at conciliation or in court.
TLA works alongside HR departments on termination decisions and labour dispute resolution — contact us for advice.
