What reasons for termination of employment may be chosen by the employer?

Recruiting candidates for various positions in the company is a real challenge for entrepreneurs. A significant amount of work, daily duties and formalities does not make it easier for the employer to make a thorough analysis of the skills of all the candidates. Additionally, not every entrepreneur has the knowledge of recruitment and employment specialists. In the situation of employing a person who does not meet the expectations required for him, the entrepreneur may terminate the employment contract, but should take into account several related aspects, including reasons for termination of employment.

What should be included in the termination of the employment contract

The employer, when deciding to terminate the employment contract, should remember:

1. on the inclusion of precision in the content of the termination of the employment relationship - one should remember about the true and accurate and understandable presentation of the reason for leaving the employee. A general approach to showing the reason for the termination may result in negative consequences for the entrepreneur in a possible court trial (judgment of 25 January 2013 (file reference number I PK 172/2012)),

2. the employer's statement on the termination of the employment contract may not raise any doubts, because the presentation of a false reason, in the entrepreneur's intention will be perceived by the Court as its lack - the judgment of the Supreme Court of November 15, 2006 (file reference number I PK 112/06, Legalis no. 175325),

3. the employer's statement on the termination of the employment contract should include all the reasons given by the judgment of the Supreme Court of February 11, 2005, I PK 178/04.

Unlawful reasons for termination of employment

The entrepreneur must remember that he cannot terminate the employment relationship in a situation of:

1.acquiring the right to an old-age pension, which does not constitute any justification for terminating cooperation with an employee - the judgment of the Supreme Court of 3 February 2010,
2.long-term illness of the employee, which, however, has completely healed,
3.pregnant women and employees while taking maternity, parental, paternity, additional maternity leave and other leave under the terms of maternity leave, unless there are reasons justifying termination of the contract without notice due to their fault,
4.when the employee has no more than 4 years to reach the retirement age, if the employment period enables the employee to obtain the right to retirement pension upon reaching that age,
5. liquidation of the current job, when the entrepreneur creates a completely new job, where another employee will perform similar or even the same duties,
6. improper reorganization of work positions adopted by the employer and the selection of its rules - judgment of 25 January 2013 (file reference number I PK 172/2012),
7.indication in the justification for the termination of a given employment contract: the employee does not meet the employer's expectations in relation to the position held without specifying (the judgment of the Supreme Court of 12 December 2001, I PKN 726/00),
8.indication in the justification for the termination of a given employment contract the following statements:improper performance of employee duties (judgment of the Supreme Court of 1 October 1997, I PKN 315/97).

1. The most common reasons for termination of employment

Entrepreneurs terminate the employment contract with employees, especially in the following situations:

1. long-term and repeated dismissals of an employee,

2. loss of trust in relation to the employee,

3. the need to give notice in relation to employees employed in managerial positions, resulting from the assessment of their work, i.e. the entirety of work organization skills,

4. liquidation of the workplace,

5. termination of the employment contract under Art. 52 of the Labor Code, without the notice period. In this case, the employer must remember that the termination of the employment contract without notice due to the fault of the employee cannot take place after 1 month from the employer receiving the information about the circumstances justifying the termination of the contract.

Other reasons for termination of employment

An entrepreneur, being in a situation of having to terminate cooperation with his employee, may also refer to the following reasons for termination of the employment contract justifying the termination of the employment contract, which have already been recognized in many cases by the Supreme Courts:

1. providing professional secrecy to competitive companies,

2. incorrect, i.e. defective performance of duties by the employee,

3. using the workplace for private purposes of the employee,

4. non-compliance with the recommendations of superiors,

5. failure of the employee to obtain the necessary specialization in the profession,

6. inability to work in a team and bad relations between employees and superiors,

7. an employee testifies a lie,

8. the consumption of alcohol at the workplace or the employee entering it into a state of intoxication,

9. lack of diligence in the performance of employee duties,

10. conducting activities that are competitive to the employer, regardless of the existence of a signed non-competition agreement between the employer and employee,

11. refusal to sign a non-competition agreement,

12. deliberate contribution by an employee to the loss of rights necessary to perform employee duties in a given position,

13. circumstances arise due to the employee's professional inadequacy.