Abstract:

The employer shall be obliged to give a written termination of notice and to describe the reason of termination very clearly and in exact words Art. 19 para. 1 LA .During termination of an employment contract of an employee, employers sometimes depend on different alternative legal reasons. This kind of termination process complies with the labour law provisions. As we know labor law system is based on the principle with the aim of providing and protecting the basic rights and interests of the employees. This main principle is also supported by another principle called the interpretation in favor of the employee. In cases of disputes where there are no clearly defined provisions in acts, by-laws or regulations the courts should rule in favor of the employee. Especially when the employer depends on alternative legal reasons during termination of an employment contract, there is no clear cut provisions in labour code about which reason of termination judges must firstly take consideration into to solve the legal dispute. According to us in same situations judicial mechanism must prefer to protect the employer’s rights rather than the employer’s and judges must solve the legal dispute by considering only the reason which will occur the most advantageous result for the employee. Principle called interpretation in favor of the employee is also the main reason to accept this kind of a solution

Keywords: