Labor relations between an employee and an employer may be terminated by consent or unilaterally. The law defines the rights and obligations that both the employee and the employer have at the time of resignation or dismissal – for example, the number of days to be given as prior notice, the payments to be paid to the employee during the prior (in advance) notice period and the severance pay due to the employee in case of dismissal.
An employer cannot dismiss a worker without conducting the later a hearing before dismissal. The purpose of the hearing is to hear the employee, to listen to him, and to give him an opportunity to clarify his position regarding the possibility of his dismissal. In order to do so, the employee must be given prior notice concerning the date of the hearing, and to stipulate before him the reasons for which there is an intention to dismiss him from the work. After the hearing, the employer must consider the worker’s claims and notify him in writing whether he has decided to dismiss him.
An employee who has been dismissed is entitled to severance pay. The amount of severance pay to which the employee is entitled is not fixed, and it can vary according to the amounts that the employer has allocated for compensation, to a personal employment contract the employee has, a collective agreement that applies to all workers in the employee’s position etc.
It is important to know: Not only is an employee that has been dismissed is entitled to severance pay; in the vast majority of cases, even an employee who has resigned on his own free will is entitled to severance pay.
Our firm provides support, legal counsel and legal representation in any case where the employee’s rights have been violated upon leaving the workplace. This includes, if necessary, filing a claim to the Labor Court, aimed at compelling the employer to provide the employee with all the rights due to him or her. These rights may include, for example, redemption of vacation days, convalescence pay, overtime pay and other rights, such as allotment of shares under a personal agreement or rights under collective agreements (e.g., unpaid seniority allowance, provisions for study fund, etc.).
