Dismissal for lack of qualities for effective business [/ size] Nina MANOLOVA - Attorney Pursuant t

Dismissal for lack of qualities for effective business [/ size] Nina MANOLOVA - Attorney Pursuant to Art. 328, para. 1, p. 5 of the Labour Code (LC), the employer may terminate the employment contract by giving written notice to the employee in terms of art. 326, para. 2 in the absence of qualities for effective work performance. This ground for dismissal is strict and it can not be reasoned with disciplinary offenses. Otherwise would render the dismissal on this ground illegal. Grounds for dismissal so. 5 should always be assessed in particular with regard to the requirements of the specified job function specific employment reflected in the job description honey comb of the employee. Facts which justify the existence of the grounds for dismissal under Art. 328, para. 1, p. 5 CT may be set out in a report of the Evaluation Board to which the dismissal eventually referred. But if the order of dismissal only reproduces the legal text, it is illegal. As grounds for dismissal, as pointed out, is strict, it can not be reasoned with disciplinary offenses. It is settled case-law makes the dismissal on this ground illegally. In its practice, the court holds that "the provisions of Art. 328, para. 1, p. 5 employer honey comb is given the opportunity to evaluate each case in which the employee lacks specific qualities to cope with the assigned work. After this assessment, the employer shall within the order of dismissal and to pinpoint specifically what qualities absent worker for the performance of their employment "(Decision 84 / 20.02.2006 on case 1862/2003, the third th GO, Bulle. SCC No.. 10/2005) is thus a decision 1626 / 23.10.2006 on case 55/2004, honey comb the third GO, which also indicated that the missing features should be in causal relation to the implementation of specific employment obligations (Bulle. HCVs issue. 10th 2006). The lack of quality should reflect the permanent status of the employee and to testify about his inability to efficiently perform the assigned job function and not be a single event. Lack of merit must be established. It should be an objective fact, not a result of the subjective attitude of the employer to the employee. Dismissal order must contain specific missing qualities necessary for performance of duties. The reasoning of Decision 84 / 20.02.2006 on case 1862/2003, the SCC third GO stated that "the dismissal is unlawful on formal grounds because it is unspecified professional qualities lacking the plaintiff" (Bulle. HCVs issue. 10/2005). In another decision 1626 / 23.10.2006 on case 55/2004, the third GO, the court holds that "the employer shall within the order of dismissal and to pinpoint specifically what qualities are lacking the employee to perform their job. Lawful termination of employment on this basis (Art. 328, para. 1, p. 5 CT - note. Aut.) Requires specification of the necessary skills for the job, the worker does not have "(Bulle. HCVs issue. 10th / 2006). It is important to know that when the dismissal order was not signed by the employer, it is illegal arg. of Art. 61, para. 1 CT (Decision 1935 / 13.02.2001 on case 562/2000, the third GO, Bulle. SCC No.. 2). Accordance with that decision, "the Labour Code does not provide for the employer to delegate powers to other persons or bodies to exercise their rights and obligations under the contract of employment. Only disciplinary authority may be granted by express upalnomoshtovane and then by the employer in certain limits. honey comb "Later in the grounds of that decision states that" The order of dismissal was illegal because it was not signed by the employer - arg. of Art. 61, para. 1 CT. Party to the employment relationship are the employee and the employer. CT does not provide employer delegate powers honey comb to other persons or bodies to perform the rights and obligations under the contract of employment. This is in view of the specifics of the employment relationship ... Only disciplinary authority may be granted by virtue honey comb of express authorization by the employer. "Posted in Featured articles from 08.04.2013 Info Forum K & K - Selected papers. Post navigation Mediation honey comb between buyer and seller for the sale of goods transit sale of goods
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