Notice of Termination of an Employment Contract

This service includes the termination of the employment contract by the employer against the employee. Termination of a contract of dependent work of indefinite time is a unilateral unjustified legal act and therefore its validity does not depend on the existence or defect of the cause for which it was made, but is a right of the employer and the employee. Termination of the employment contract for an indefinite time, which is the right of the employer which is exercised in the form of a unilateral unjustified legal act, is considered valid when it is made in writing and the full legal compensation is paid. The invalidity of the notice of termination may be due either to the non-observance of the above conditions (document and payment of full compensation), or to the abusive exercise of the employer’s right, i.e. when the notice of termination was made in excess of the limits imposed by good faith or morals or the social or economic purpose of the right.

In case of invalidity of the notice of termination due to this abusive exercise, the termination of the employment contract does not occur and consequently the employer is obliged to accept the services of the employee and, in case of delay, to pay his remuneration according to articles 349, 350, 648 and 656 of the Civil Code.

In contrast to an indefinite employment contract, as follows from the provisions of Article 669 of the Civil Code, a fixed-term employment contract exists when its duration is clearly defined, either because it was explicitly or implicitly agreed or because it is inferred from its purpose and type. Each of the parties has the right in any case to terminate the employment contract at any time for a good reason, without meeting a deadline. Therefore, if the employer terminates the fixed-term employment contract before its expiration without significant reason, the termination is invalid and is considered not to have been made (articles 174, 180 of the Civil Code), with the result that the employment contract still exists and the employer, refusing to accept the services of the employee, to owe him according to article 656 of the Civil Code arrears of wages.