SECTION 1. MANNERS OF TERMINATION IN ACCORDANCE WITH CIVIL LAW

Sometimes the term ‘dismissal’ is used in the sense of ‘termination’ and therefore also includes the methods of termination according to civil law.

The most common civil law techniques are:

DISSOLUTION OF THE EMPLOYMENT CONTRACT

Forms

The term ‘dissolution’ refers to a complex of techniques, approached in different ways that lead to the termination of the contract, whether or not this is after judicial intervention.

Legal doctrine usually distinguishes between the resolutory term, the judicial dissolution because of inadequacy, the express avoidance clause and the resolutive condition.

Resolutory term

A resolutory term is understood to mean the future and certain event on which the claimability and liquidation of the debt depend. The occurrence and completion of the event may not emanate from one of the contracting parties.

In accordance with Article 32 Employment Contract Act it is permitted to include a resolutory term in an employment contract. Usually employment contracts with a resolutory term are fixed-term employment contracts. However, the legislator has seen to it that the use of such a provision is prohibited in certain situations.

For instance, the parties are not allowed to include a clause in the employment contract introducing a resolutory effect when an employee reaches the retirement age. In addition, both the Civil Code and the Employment Contract Act forbid the conclusion of an employment contract for life.