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Contesting the Employment Contract Termination

Viimati uuendatud: 02.11.2017


To ascertain the invalidity of an employment contract termination, one should turn to the labour dispute committee in 30 calendar days as at the receipt of the cancellation notice. It is important to note that the term starts with the receipt of the cancellation notice, not with the end of the employment contract. If the application or claim is not filed at term or its’ filing deadline is not reinstated, the termination is considered as valid and the employment contract ends with the passing of the term mentioned in the cancellation notice – meaning that the cancellation cannot be contested lateron.

Contesting the Employment Contract Termination in Court or Labour Dispute Committee

If the employment contract termination has been contested in court or the labour dispute committee who finds that the termination is illegal (noncompliant with legal requirements) or contradicts with good faith principles, the termination is illegal and the contract does not end with the cancellation. The labour dispute committee does end the contract, at the request of one party, starting from the time it would have ended when the termination notice had been valid. If the employer has not notified in advance of the employment relationship end or paid a compensation for the less notified time, the labour dispute committee ends the employment relationship from the time it should have ended with the passing of the notification period.

Thus, in a situation where at least one party does not wish to continue the employment relationship, the employment contract is considered as ended based on the application also when the employer did not have any reason for terminating it. Forcing the parties to continue the employment relationship does not fit the contractual freedom principle, emanating from which the parties cannot be forced to continue the employment relationship against their free will. If either party does not request the employment relationship termination, the relationship is not legally ended, the employer continues working and must be reinstated. In this case, the employee is entitled to receive remuneration that they were not paid due to the invalid termination.

Legal exceptions to the aforementioned rule are ending the employment relationship with a pregnant woman, employee entitled to a pregnancy leave, or the representative of employees. The labour dispute committee does not approve the employer’s wish to terminate the employment contract with the aforementioned person(s) as they need additional protection due to their state or status, and have a right to remain working in the case of an illegal cancellation – regardless whether the employer wants them to or not. The employment relationship termination request is approved only when the employer has finished its’ activity.

Contesting the Employment Contract Termination in Court or Labour Dispute Committee

If the employment contract termination has been contested in court or the labour dispute committee who finds that the termination is illegal (noncompliant with legal requirements) or contradicts with good faith principles, the termination is illegal and the contract does not end with the cancellation. The labour dispute committee does end the contract, at the request of one party, starting from the time it would have ended when the termination notice had been valid. If the employer has not notified in advance of the employment relationship end or paid a compensation for the less notified time, the labour dispute committee ends the employment relationship from the time it should have ended with the passing of the notification period.

Thus, in a situation where at least one party does not wish to continue the employment relationship, the employment contract is considered as ended based on the application also when the employer did not have any reason for terminating it. Forcing the parties to continue the employment relationship does not fit the contractual freedom principle, emanating from which the parties cannot be forced to continue the employment relationship against their free will. If either party does not request the employment relationship termination, the relationship is not legally ended, the employer continues working and must be reinstated. In this case, the employee is entitled to receive remuneration that they were not paid due to the invalid termination.

Legal exceptions to the aforementioned rule are ending the employment relationship with a pregnant woman, employee entitled to a pregnancy leave, or the representative of employees. The labour dispute committee does not approve the employer’s wish to terminate the employment contract with the aforementioned person(s) as they need additional protection due to their state or status, and have a right to remain working in the case of an illegal cancellation – regardless whether the employer wants them to or not. The employment relationship termination request is approved only when the employer has finished its’ activity.

 

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