Laying off an employee can have many legal implications and consequences. There are a few cases where you can terminate an employee without notice.
Whether a contract is limited or unlimited, an employer can terminate an employee without any notice due to the following reasons as stated by Article 120 of the federal law:
Termination of an employment contract by an employer
- If an employee fails to perform basic duties as mentioned on the employment contract even after receiving warning letters, the employer has a right to terminate the employee without any notice.
- If the employee submits forged documents or adopts a false identity.
- If an employee is under the influence of alcohol or any prohibited drugs during working hours.
- If an employee is under a defined probation period, the employer has the right to terminate the contract during or at the end of this probation period.
- If an employee commits an assault of any kind against anyone in the organization.
- If an employee discloses any confidential information about the company he/she works for.
- If an employee is absent for 20 intermittent days or 7 consecutive days from work without any lawful excuse.
- If an employee commits an error that causes substantial material and financial loss to the employer given that the employer notifies the labor department within 24 hours.
- If an employee disobeys instructions respecting industrial safety or the safety of the workplace, on condition that such instructions are in writing and have been posted at a conspicuous place and, in the case of an illiterate worker, that he has been acquainted with them orally.
- If an employee is finally sentenced by a competent court for an offence involving honor, honesty or public morals.
Termination of an employment contract without notice by an employee
- If the employer fails to comply with her/her obligation, as mentioned in the contract.
- If the employee is assaulted by the employer or the employer’s legal representative.
- If the employee has filed a court case against the employer due to the failure of securing employment for the worker.
- If the final ruling of a labor complaint from the labor court is ruled in favor of the employee.