TERMINATION OF EMPLOYMENT RELATIONSHIP PowerPoint Presentation

TERMINATION OF EMPLOYMENT RELATIONSHIP PowerPoint Presentation

2016-07-26 80K 80 0 0

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Msc.Muhamet Binaku PhD Candidate . European University of Tirana, . Albania. binaku_15@hotmail.com. Employees in working relations, except they have work obligations, they have also the legal right to be protected against any violation of their rights during the establishment of employment and te.... ID: 421082

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Slide1

TERMINATION OF EMPLOYMENT RELATIONSHIP

Msc.Muhamet Binaku PhD Candidate

European University of Tirana,

Albania

binaku_15@hotmail.com

Slide2

Employees in working relations, except they have work obligations, they have also the legal right to be protected against any violation of their rights during the establishment of employment and termination of employment.

Upon termination of employment, the employee who had lost status and therefore it ceases to enjoy the rights arising from employment, which has carried out during the time he was employed.

T

aking

into account the consequences of termination of employment, the legislator has determined the cases and the conditions for employees work termination

Slide3

With the death of the employee;

With the death of the employer when the work performed or services provided by the employee are of personal nature and the contract cannot be extended to the successors of employer;

With the expiry of duration of contract;

When an employee reaches the pension age, sixty- five (65) years of age;

On the day of the submission of plenipotentiary proof of the loss of

labour

competencies;

If an employee shall serve a sentence which will last longer than six (6)

motnhs

;

With the decision of the competent court, which leads to the termination of employment relationship;

With the bankruptcy or liquidation of the enterprise;

Other cases specified by Laws in force.

Slide4

Termination of Employment Contract with the Agreement

An employment contract may be terminated with the agreement of the employer and the employee.

In cases of termination of employment contract with agreement, the employer is obliged to execute the salary to the employee for the days of the termination

Slide5

Termination of the Contract by the Employee

Each one from the employers to the private sector and in the public sector, have the right to concern employers with this

noticification

that will terminate this contract.

The deadline of this notification depends from the status of the employer

In case of interruption of the contract with agreement , employer is obligated to pay the salary of employers, salary for the days of work until the interruption of it.

Slide6

Termination of Employment Contract by the Employer

Employer can terminate the contract of employee with

announcment

, in case that the termination will be justified, because of to the

economik

,

tecnik

and

organizativ

reasoning.

In case when the

empoye

is not able to finish obligation from the employment contract for the reason of loss of skill to finish his jobs etc.

Slide7

Notification period for termination of employment contract

The employer may terminate an employment contract for an indefinite period according to Article 70 of this Law with the following periods of notification:

From six (6) months - 2 years of employment, thirty (30) calendar days;

Ffrom

two (2)- ten (10) years of employment:

fourty

-five (45) calendar days;

Above ten (10) years of employment: sixty (60) calendar days.

Slide8

Procedure Prior to the Termination of the Contract

1. The decision to terminate an employment contract shall be issued in writing and shall include the grounds for the dismissal.

Employer is obliged to execute the salary and other allowances up to day of the termination of employment relationship.

The employer may deny the employee access to the premises of the enterprises during the period of notification, namely prior to terminating the employment contract.

Slide9

Temporary Suspension from Work

An employee may be temporary suspended from work if:

Criminal procedures are initiated against an employee because of alleged criminal offence of any kind;

An employee is detained;

An employee conducts a serious violation of work related obligations defined by this Law

Slide10

Compensation of Salary during the Temporary Suspension

During the temporary suspension from work, an employee is entitled to salary compensation in amount of fifty percent (50%).

Temporary suspension from work under may not last more than six (6) months, during which period the employer shall either return the employee to work or shall terminate the

labour

contract.

Slide11

Collective Dismissals

Cases where dismissals according to sub-paragraph 1.1 of paragraph 1, Article 70 of this Law, include at least ten percent (10%) of the employees but not less than twenty (20) employees discharged within a six (6) month period, shall be considered as collective dismissal.

Prior to introducing such changes, an employer shall notify its employees and, where applicable, the employees’ trade union(s) one (1) month in advance in writing of the changes planned and their implications, including:

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Thank you!

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