Extraordinary termination is termination without the obligation to comply with the prescribed or agreed notice period.
The employer and the employee have a justified reason for the extraordinary termination of the employment contract concluded for an indefinite or fixed period, if due to a particularly serious violation of an obligation from the employment relationship or some other particularly important fact, while considering all the circumstances and interests of both contractual parties, the continuation of the employment relationship is not possible. Each party has the right to demand compensation for damages due to non-fulfilment of the obligations assumed by the employment contract from the party that is guilty of the dismissal.
The employment contract can be terminated extraordinarily only within fifteen days from the day of learning of the fact on which the extraordinary termination is based.
Before the extraordinary termination of the employment contract due to the employee’s behaviour, the employer is obliged to allow the employee to present his defense, unless there are circumstances that make it unreasonable to expect the employer to do so.
In this regard, we list several examples of employee behaviour that can lead to extraordinary termination. For example, if an employee behaves inappropriately, does not come to work without justification, refuses to answer his cell phone, swears, leaves the workplace without justification, the above-mentioned actions may represent a particularly serious violation of obligations from the employment relationship that justifies the adoption of a decision on extraordinary termination of the employment contract by the employer.
Also, alcoholism at the workplace, especially in a situation where the employer has warned the employee several times for the same problem, represents a particularly serious breach of work duty.
However, even actions such as refusing to execute a superior’s order for a job that is part of the employee’s daily work obligations within his workplace, violates the relationship of trust between the employer and the employee, which makes the continuation of the employment relationship impossible and can lead to the extraordinary termination of the employment contract by the employer.
It should be pointed out that there are also special categories of workers who can extraordinary terminate their employment contract just because of the fact that they belong to that category, so for example a worker who uses the right to maternity, parental, adoptive and paternity leave, works half-time, works half-time for the sake of increased child care, etc., can cancel the employment contract by extraordinary notice, no later than fifteen days before the day on which the worker is obliged to return to work. This category also includes pregnant women.
Workers who have not been paid a salary also belong to the category of workers who can terminate the employment contract extraordinary.