Dismissal is a concept in labor law that means that the employee immediately resigns from his or her employment or assignment, without any notice period.
Advantage Law Firm knows the procedures for dismissal
Being dismissed (getting fired/being fired) should not be confused with resignation. In the case of dismissal, the employment relationship ends immediately without any notice period. In order to be dismissed, the employee must be in serious breach of his or her obligations to the employer.
If an employer wrongfully dismisses an employee, the employer risks being liable for damages to the employee.
Examples of just cause for dismissal include refusal to work, unauthorized absence, disclosure of professional secrets, unfair competition, dishonest conduct, and theft or embezzlement.
What deadlines must be taken into account in a dismissal?
The employer may not dismiss an employee solely on the basis of circumstances known to the employer more than two months before the date of dismissal. If the dismissal is based on circumstances that occurred more than two months ago, this can be a reason to annul the dismissal.
A dismissal must be preceded by the employer informing the employee at least one week in advance. If the employee is a member of a trade union, the employer must also notify the employee’s trade union. After the notice of dismissal, the employee may be released from work, i.e. go home with pay.
Labor lawyers to help you with dismissals
As labor lawyers, we have experience and expertise in dismissals. We help both employees and employers with all questions and issues related to dismissal.
Contact us as your law firm for help and advice regarding dismissal.
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