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One legitimate reason of termination of the employment contract among the rest

The Supreme Court in the verdict of 12th of July 2017, in legal case under signature II PK 115/16 ruled, that in a situation of termination without notice due to employee’s fault, employer could point out a few reasons simultaneously, justifying gross breach of employee duties. But for the conformity with the law of this declaration of intent it is enough for only one of them to be justified.

The article 30 § 4 of Labor Code constituted, that in employer’s declaration of intent should be indicated a reason, which justify the termination of employment. In conclusion, according to this rule, it is enough from the formal side of declaration, that it have to contain only one proper reason. It means also, that employer might mention more reasons related to this circumstances and even when the rest is not legitimate, the termination of the employment contract would be still in vain.

The Supreme Court also pointed out, that the labor court is obligated to examine separately every indicated by employer reason. The court also should establish them using all every statutory requirements of justification of termination of the employment contract. It is also important, that in this situation, employer is also limited in full justification of factual basis by the time, which allows him to terminate the contact.  This time is calculated from the day, when employer had information about the circumstance, which justify the termination of contact.

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