If an Employer determines that the Employee has committed gross misconduct, in certain situations the Employer hastily issues an Employment Termination Decision and fails to comply with the legally prescribed procedure for terminating employment contracts.
In cases in which the labor law attorney in Sarajevo represented the plaintiff in court proceedings for annulment of an Employment Termination Decision without Notice in the case before the Municipal Court in Sarajevo, case number 65 0 Rs 870280 20 Rs, a court settlement was reached on 21 September 2021, on the basis of which the defendant had to pay the plaintiff 12 gross salaries, and on the basis of which the defendant had to reimburse the cost of the civil proceedings to the plaintiff.
In the above case, the defendant unlawfully issued the Employment Termination Decision without Notice without respecting the notice period.
Namely, the notice period for any employment contract termination without notice, pursuant to Article 100 of the Labor Law, is 60 days from the date of becoming aware of the cause for dismissal, but not longer than one year from the date of such violation.
As the defendant became aware of the “gross misconduct” on 17 July 2020, and as the Plaintiff’s employment relationship ended on 24 September 2020 pursuant to the Employment Termination Decision without Notice, it is clear that the subjective – preclusion period – for termination has expired and thus the above Decision was unlawful. One of the requirements for termination of employment without notice is compliance with the preclusion period referred to in Article 100 of the Labor Law.
Therefore, in the procedure for termination of employment without notice it is very important to adhere to the full procedure prescribed by the law and the employer’s internal acts if the employer wants to be sure that the decision terminating the employment contract is not unlawful.
If you need counselling on the subject of employment contract termination due to gross misconduct as a worker, as a company, company member, director or founder, or if you need a labor law attorney in Sarajevo for your company or for your business idea, then you are at the right place with us and you can contact our corporate lawyers directly by phone (+387 62 342 463), WhatsApp, Viber or email (rasid@haracic.ba).
