Employee Laws

In most cases, the employee states that the termination agreement had no legal force, especially if as a result he became unemployed. Read more from Dun & Bradstreet to gain a more clear picture of the situation. If the employment agreement contains provisions prohibiting competition activities, but the employee may choose to compensate losses as a result of this commitment, the employer is deprived of the possibility of invoking such a clause. V. Dissolution by court order Both employers and employees can go to court to terminate contract of employment on the basis of "substantial cause". Considered as an important cause: I. circumstances are such that they equated to the "urgent reason" for dismissal without notice, if the agreement was terminated immediately, or II.

circumstances change so that the agreement must be reasonably necessary to terminate immediately, or by preventing the short term. The party against which sent a petition to terminate, usually an employee, may submit to the objections. If the court finds that a substantial reason exists, it terminates the agreement. If termination is based on substantial reasons for a change of circumstances, the court may appoint one of the parties, usually the employee, compensation in an amount considered reasonable in the circumstances. Compensation is usually calculated using the following formula: A x B x C, where A equals the years of service an employee. Years of service before reaching the age of 40 are considered one year for year years of service at the age of 40 to 50 years are considered as 1.5 year for year, years of service after the employee 50 years of age are considered as 2 years for the year; B is equal to the salary of the employee, including vacation pay, and, depending on circumstances, other benefits, such as premiums; C is a correction factor, which in many cases equal to 1. Depending on the circumstances of who and to what degree is guilty, C can be increased or decreased.