1. ENDING THE EMPLOYMENT RELATIONSHIP

2. END OF EMPLOYMENT RELATIONSHIP
Termination can happen
By mutual agreement
During a trial period
At the end of a specified contract period
By notice
Recission

3. TRIAL PERIOD Trial period Rescission during trial period
Must be explicitely agreed on
Can be used in an empl.contract made for a specified as well as an unspecified period
Max 6 months
employer may extend exceptionally (e.g. employee’s absence due to illness)
Rescission during trial period
Empl.relation can be terminated immediately by either party
Presupposes an objective reason related to the purpose of the trial period
Before rescission by the employer the employee must be heard
If asked, the reason for rescission must be given in writing (ECA 9:5)

4. TERMINATION AT THE END OF THE SPECIFIED CONTRACT PERIOD
When concluded for a specified period, an empl.relationship comes automatically to an end when the period ends
If termination depends on a circumstance known only to the employer, he shall notify in good time
The parties may renew the contract either for a new specified period or for an indefinite period
Extension may also come about without an express agreement

5. TERMINATION BY NOTICE
Period of notice must be observed by both parties
Prerequisites for the employer: Always a proper and weighty reason (persuasive reason)
1. Financial and production-related reason
2. Termination grounds related to the employee's person

6. Financial and production-related reason
“Collective reasons”
The work of the employee must have
decreased substantially and permanently
If possible, the employee must be trained for other duties in the company
Re-employment within 9 months of termination if the employer needs new employees

7. Examples of situations where there are not lawful grounds for collective termination:
A new employee is hired for the same job
The reason for the termination does not affect the job in question
The employee could be trained for another job in the company
The savings gained by termination are insignificant
=> Possibly cases of concealed individual termination

8. Termination grounds related to the employee's person
“ Individual reasons”
Employee's serious breach or neglect of obligations
Significant changes in the conditions necessary for working

9. Law gives examples of individual reasons which are not considered weighty:
Illness: except if it causes a substantial and permanent reduction of employee’s working capability
Participation in a strike
Political, religious or other views or
Participation in public activities or any association
Pregnancy
Maternity leave or parents’ leave

10. Employment relationship of the shop steward can be terminated only
If majority of the employees he represents, agree Or
If his work has ended entirely

11. PERIOD OF NOTICE Both parties must observe the period of notice
Can be agreed by the parties
Max 6 months
May not be longer for the employee then for the employer
Termination without observing the period of notice: as compensation the party in breach must pay the other party an amount equivalent to the pay for the notice period

12. PROCEDURE FOR TERMINATING AN EMPLOYMENT CONTRACT BY THE EMPLOYER
In many cases must give a warning first
Must give the notice personally if possible, included an explanation on the grounds for termination
Must provide the employee with an opportunity to be heard
If possible, must offer other work
If the company applies the Co-operation within Undertakings Act, must observe its provisions in collective termination
Unjustified termination => employer's compensation is the pay due for 3-24 months

13. RESCISSION OF AN EMPLOYMENT CONTRACT
Employment relationship ends immediately
Both parties need an extremely weighty (persuasive) reason:
A breach or neglect of duties based on the contract or the law > essential impact on the employment relationship > it becomes unreasonable to expect that the other party should continue the contractual relationship even for the period of notice
The cancellation right lapses in 14 days after the reason has appeared
The other party must be heard

14. AUTOMATIC RESCISSION
If employee has been absent from work for 1 week without giving a lawful reason
=>
employer may consider the contract cancelled
without any need to notify the employee

15. CERTIFICATE OF EMPLOYMENT A written certificate
on duration and
of nature of the work duties
must be given on termination