In the case in which the Supreme Court ruled on 18 March 2015, the respondent employee filed a letter terminating the employment contract without notice indicating as the reason for termination of employment the non-payment of remuneration for a month and delays in payment of remuneration for 2 months.
In accordance with the provisions of the Labor Code, an employee, similarly to an employer, has the statutory right to terminate employment immediately in justified cases. For such termination to be justified, it must meet one of the following conditions:
- a medical certificate was issued stating the harmful effect of the work on the employee’s health, and the employer will not transfer him within the period specified in the medical certificate to another job, appropriate for his health and professional qualifications;
- the employer has seriously violated the basic obligations towards the employee.
In the jurisprudence of the Supreme Court it is agreed that if the employer repeatedly ceases to pay remuneration for work on subsequent payment dates, the employee has an open deadline to submit a declaration of termination of the employment contract without notice for a month from the date of becoming aware of the last not paying him due remuneration.
In this case, the employee is entitled to compensation in the amount of remuneration for the period of notice. In the event of termination of a fixed-term employment contract, compensation shall be payable in the amount of time for which the contract was to last, but not more than for the period of notice.
The premise for the termination of an employment contract in this mode is both the employer’s complete cessation of payment of remuneration and the payment of remuneration late or at a reduced amount. An employee’s declaration of intent may lead to termination of employment even if the employer has not actually committed such an infringement. In this way, employees acting in bad faith can achieve the goal of quick termination of employment.
The Labor Code regulates the protection of such an employer. He has the right to claim compensation in the event that an employee who wants to comply with formal requirements cites the invented circumstances to justify termination of the contract. When seeking compensation, the employer should show that he has not committed a serious breach of his basic obligations to the employee. He may do so by indicating that he did not breach any obligations or that he did breach his obligations, but they were not of a basic nature or the breach of a basic obligation was not of a serious nature.
The employer’s situation will be more difficult if the employee does not give any reason for terminating the contract. In this case, the employer cannot claim damages under the Labor Code and the only thing he can do is claim damages under the Civil Code.
KS