In what Cases can the Employer terminate the Employment Contract with the employee on his or her own Initiative?

Article 113 of the Labor Code specifies in which case the employer may terminate the employment contract with the employee on his or her own initiative. The employer shall have the right to rescind the employment contract concluded with the employee for an indefinite time limit, as well as the employment contract concluded for a fixed time limit before the end of the validity period, if:

1) the organisation is liquidated (the activity of an individual entrepreneur is terminated);

2) the number of employees and/or staff positions is reduced due to the changes in volumes of production and/or economic and/or technological and/or work organisation conditions and/or by production needs;

3) the employee is not suitable for the position held or the work performed;

4) in case the employee is reinstated in previous position;

5) if the employee regularly fails to fulfil the obligations reserved for him or her by the employment contract or the internal regulatory rules, with no good reason;

6) the employer has lost confidence in the employee;

7) the employee is in a long-term incapacity for work (in case the employee has failed to come to work, due to temporary incapacity for work, for more than 120 consecutive days or for more than 140 days during the last 12 months unless it is defined by law and other regulatory legal acts that the workplace and the position are preserved for a longer period in case of certain diseases);

8) if the employee is found to be under the influence of alcoholic beverages, narcotics or psychotropic substances at the workplace;

9) if the employee fails to come to work throughout the entire working day (shift) with no good reason;

10) the employee rejects or evades mandatory medical examination;

11) the employee is at the age of pension, unless otherwise provided for by the employment contract.

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