 on 1 April 2021 code titled “29 - Termination by the employer due to the behavior of the employee breaching the rules of morality and goodwill” has been removed from the table titled “2.1 Reason of termination” on the circular dated 22 February 2013 and numbered 2013/11 and new codes have been added. In accordance with the amendment the employer will be notifying the SSI using the codes between 42 and 50 in case of the termination of the employment agreement by the employer due to the behavior of the employee breaching the rules of morality and goodwill.){kind=link}
10 May 2021
Social Security Institution Employment Agreement Termination Codes Have Been Amended
In accordance with the circular published by the Social Security Institution (“SSI”) on 1 April 2021 code titled “29 - Termination by the employer due to the behavior of the employee breaching the rules of morality and goodwill” has been removed from the table titled “2.1 Reason of termination” on the circular dated 22 February 2013 and numbered 2013/11 and new codes have been added. In accordance with the amendment the employer will be notifying the SSI using the codes between 42 and 50 in case of the termination of the employment agreement by the employer due to the behavior of the employee breaching the rules of morality and goodwill.
The reasons allowing for the immediate termination with just cause of the employment agreement by the employer for reasons of breach the rules of morality and goodwill by the employee have been set out in article 25 / II of the Labor Law by way of examples. The previous Code 29 encompassed all actions described with Article 25 / II of the Labor Law. The amendment has introduced new codes corresponding to the actions of the employee which may constitute a breach of the rules of morality and goodwill. Accordingly, the employer will be required to indicate the just cause allowing for immediate termination to the SSI.
The newly introduced codes and their explanations are provided below.
|
Code |
Explanation |
Related Article |
|
42 |
If, when the contract was concluded, the employee misled the employer by falsely claiming to possess qualifications or to satisfy requirements which constitute an essential feature of the contract, or by giving false information or making false statements. |
Labor Law Article 25-II-a |
|
43 |
If the employee is guilty of any speech or action constituting an offence against the honor or dignity of the employer or a member of his family, or levels groundless accusations against the employer in matters affecting the latter’s honor or dignity. |
Labor Law Article 25-II-b |
|
44 |
If the employee sexually harasses another employee of the employer. |
Labor Law Article 25-II-c |
|
45 |
If the employee harasses the employer or one of his family members or another employee of the employer, comes to the workplace under the influence of alcohol or drugs or uses these substances at the workplace |
Labor Law Article 25-II-d |
|
46 |
If the employee commits a dishonest act against the employer, such as a breach of trust, theft or disclosure of the employer’s trade secrets. |
Labor Law Article 25-II-e |
|
47 |
If the employee commits an offence on the premises of the workplace which is punishable with seven days or more imprisonment without probation. |
Labor Law Article 25-II-f |
|
48 |
If, without the employer’s permission or a good reason, the employee is absent from work for two consecutive days, or twice in one month on the working day following a rest day or on three working days in any month. |
Labor Law Article 25-II-g |
|
49 |
If the employee refuses, after being warned, to perform their duties he / she is obligated to undertake. |
Labor Law Article 25-II-h |
|
50 |
If either willfully or through gross negligence the employee imperils safety or damages machinery, equipment or other articles or materials in their care, whether these are the employer’s property or not, and the damage cannot be offset by a salary of thirty days. |
Labor Law Article 25-II-i |