Notification – specific way of terminating the employment agreement during or at the end of the trial period

DEZBATERI

Abstract

Given that the legal provisions governing written notification, as a specific way of terminating the employment agreement during or at the end of the trial period, have been interpreted differently in doctrine and the case law is not uniform as regards their application, this study addressed issues related to the legal nature of the notification, the content and communication of the notification, as well as the possibility of an abuse of rights when issuing the notification, considering that the notification is a termination clause of the individual employment agreement at the end of the trial period, which must be drawn up in writing, without the need to state reasons and to give notice, regardless of the issuer and the situation of the notified person. The notification may be sent in any appropriate manner, depending on the circumstances, and shall take effect upon receipt by the addressee, even if he/she has not been informed of the notification for reasons beyond his/her control. The notified party may apply to the court if it has reasonable grounds for believing that the notification is abusive.

Keywords: notification, trial period, legal nature, termination, individual employment agreement, communication, abuse of right