Employment termination in North Macedonia
The complete guide to employment termination
According to the Law on Labor Relations of the Republic of North Macedonia, the employment contract can be canceled by both the employee and the employer.
While both sides of the employment relationship have the right to access the termination of employment, there is a difference in the grounds and reasons for whether the dismissal is granted by the employee or the employer.
The employee may cancel the employment agreement if he/she has stated in writing that he/she wishes to cancel the employment agreement. On the other hand, in the case of dismissal by an employer, he may only terminate the employment agreement if there is a justifiable cause of dismissal related to the employee’s conduct (personal cause on the employee’s part), for breach of the working order and discipline or work responsibilities (cause of fault) or if the reason is based on the needs of the employer (business reason).
If the employer cancels the employment agreement, he/she is obliged to state the grounds for the cancellation, established by law, collective agreement and the act of the employer, to prove the justification of the reason justifying the cancellation and to state them in the explanation.
Form, content, and submission of the cancellation
The cancellation of the employment agreement must be in written form. The employer is obliged to explain in writing the cancellation of the agreement, as well as to inform the employee of the legal protection and to inform him/her about his/her insurance rights in case of unemployment, in accordance with the law. The termination of the employment contract must be given to the employee. the contracting party that is terminated by the employment contract.
Accordingly, there can be no dismissal if the employer or employee has only verbally informed the other party that they intend to terminate their employment. In fact, there is no cancellation unless there is a written document handed over from one party to another.
Reasons for dismissal
While the employee has no obligation to explain the reasons for the cancellation of the employment contract, the employer is obliged to follow the legal provisions and to state the reasons for the cancellation of the employment contract correctly.
The employer may cancel the employee’s contract of employment when the extension is not possible if:
1) the employee is unable to perform the contractual or other employment obligations (personal cause) due to his or her behavior, lack of knowledge or ability or failure to fulfill the special requirements stipulated by law; or
2) the employee violates contractual or other obligations of employment (cause of fault) and
3) the need to perform a particular job under the conditions specified in the employment contract ceases for economic, organizational, technological, structural or similar reasons on the part of the employer (business reasons).
Fair and legal dismissal is a very complex procedure that the employer is obliged to implement in accordance with the applicable legal regulations
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