Question: What procedure must an employer follow when terminating a contract due to a breach of work obligations/non-compliance with work discipline?
Answer: The law stipulates that before terminating an employment contract due to a breach of work obligations or non-compliance with work discipline, the employer must provide the employee with a written warning stating the reasons for termination. The employer must also give the employee at least 8 days to respond to the allegations in the warning.
Question: What does the warning include?
Answer: The warning must specify the grounds for termination, facts, and evidence.
Additionally, the employer must clearly state the time, place, and nature of the violation of work obligations or non-compliance with work discipline. By specifying these elements (time, place, and manner of the violation), the employee is made aware of the “charges” against them and can exercise their right to defend themselves by responding to the warning.
The employer is not required to submit evidence with the warning but must list them in the document.
A pre-dismissal warning is an official act by which the employer notifies the employee of the possibility of termination due to specific reasons, such as a breach of work discipline, negligent work, or failure to fulfill obligations. This measure gives the employee an opportunity to correct their behavior before a final decision on termination is made.
The warning must be in written form and contain a clear explanation of the reasons, as well as a deadline within which the employee can respond or improve their performance. If the employee does not react appropriately, the employer may proceed with the termination process.
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