Taking note of the termination of the employment contract. When an employee complains
Saturday, February 26, 2011
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on taking note of the termination of the employment contract
Taking note of the termination of the employment contract. When an employee complains
his employer some shortcomings in the implementation of the employment contract, he can take note of the termination of his contract to harm the employer. Taking note of the termination of the employment contract. When an employee complains
Judges must then decide on complaints against the employer:
- if true and serious enough, the break has the effect of a dismissal without cause real and serious;
-if they are not serious enough, the break produced the effects of resignation.
facts "sufficiently serious" may be, for example,
-non-payment of wages,
-an amendment of the employment contract without the consent of the employee, it
non-compliance with hygiene and security.
If a serious breach is found against the employer, the employer may be ordered to pay compensation:
-at least six months' salary if the company has 11 employees or more if the employee has seniority over 2years.
- determined by the judges depending on the damage suffered, if the company fewer than 11 employees or if the employee has a length less than 2 years.
Taking action is thus a failure mode of the employment relationship, acknowledged by the courts, which is a kind of forced resignation of an employee who said in a letter that he wishes to terminate his employment contract because he criticized a number of mistakes to his employer.
Taking action can therefore break the employment contract without giving up its rights. The employee resigns
forcibly and asked the Industrial Tribunal's decision to classify an act as termination without cause real and serious. It
may seek damages for unfair dismissal and statutory redundancy pay her.
Taking note of the termination of the employment contract can indeed be described as unfair dismissal if the facts alleged against the employer and must be proved are serious enough.
If this is not the case, the taking of action has the effect of a resignation.
In addition, the reclassification in dismissal without real and serious cause is left to the sovereign power of trial judges.
In addition, it is possible to add those objections listed in the letter making act as the latter does not bind the debates and sets no limits to the dispute contrary to the letter of dismissal.
The employer may however be compensated for non-compliance with the notice when the resignation is worth taking note.
In other words, when taking note of the termination amounted to a resignation, the employer may ask to be indemnified by the employee for non-compliance notice.
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