1E9Ct5D

2. is absent from work for a considerable period unless for an illness orinjury;(vi) commits an act of violence, breach of morality or serious defamation againstthe employer, his or her representatives or family members or otheremployees of the same business.These grounds for dismissal are not exhaustive if other serious reasons exist.Termination by EmployeeManual worker:According to Article 376(47) of the present Business Code and Article 82a of theprevious Business Code, a manual worker may leave the employment withoutnotice if:(i)(ii)he/she is not able to continue working without seriously damaging his/herhealth;the employer commits an insult or a serious defamation against him/her orthe members of his/her family;(iii) the employer or members of his family attempt to incite the employees or themembers of their families to act in or carry out immoral or illegal activities;(iv) the employer improperly withholds the agreed salary or breaches otheressential provisions of the contract;(v) the employer is not able to or refuses to give the employee his earnings.Salaried employee:According to Article 26, Salaried Employees Act an important reason entitling anemployee to leave his or her employment without notice is present if:(i)(ii)(iii)(iv)the employee becomes incapable of carrying out his/her duties or cannot dothis without damaging his/her health or morals;the employer reduces or withholds improperly the salary owing to theemployee, disadvantages him/her with regard to his/her perquisites byimposing unhealthy or insufficient food and unhealthy accommodation orbreaches other essential terms of the contract;the employer refuses to carry out obligations he/she is obliged to carry outaccording to law to protect the employee’s life, his/her health or his/hermorals;the employer commits insults, damage to the morals of or seriousdefamations against the employee or his/her family members or refuses toprotect the employee or his family members against such actions.b Where not PermittedThe termination of employment without notice is not permitted without importantreasons. In the case of improper termination, the following rights arise:For the Employer:A claim for damages arises. Assessment may, of course, be rather difficult.For the Employee:As a general rule, even if the termination is found to be improper there is no right ofreinstatement. Rather, the employee is entitled to claim as follows:- 52 -