Odpoved pogodbe o zaposlitvi kot oblikovalna pravica

slovenian

2015

volume 15, issue 1

Inštitut za delo pri Pravni fakulteti Univerze v Ljubljani
(Obvezni izvod spletne publikacije)

The respective article deals with termination of employment contract from the perspective of theoretical legal concept of forming rights. With this respect, the simple termination of employment contract is analysed, whereby for the purposes of this article simple termination of employment contract represents those minimal requirements that needs to be satisfied in case of termination of employment contract achieves legal consequences, i.e. lawful or unlawful termination of employment contract and/or employment relationship. The author distinguishes between simple and lawful termination of employment contract, and emphasizes that the employee shall use legal remedies against simple (but unlawful) termination, otherwise the simple termination becomes fully effective. The author analyses simple termination in the light of forming rights and applicable case law and underlines that the case law in some cases (e.g. regarding the form of termination) unjustifiably, and to the detriment of job protection, places too great value to the fast and final regulation of employment relationship.

01.06.2020