Termination of the Employment Relationship by the Employee with Monetary Payment under Art. 232, para. 3 of the Labour Code

Authors:

Pages: 110-120
DOI: https://doi.org/10.54664/JJER9326

Abstract:

The article analyses the legal nature of the employee’s obligation for monetary payment under Art. 232, para. 3 of the Labour Code. It is reasonable to conclude that by establishing the possibility of fulfilling this obligation, which represents an optional remuneration, the legislator grants the employee the right to terminate the employment relationship unilaterally, both during the training and after its successful completion. The concept of “non-justified reasons” used in legislation, is thoroughly researched and a de lege ferenda proposal is formulated to overcome the current ambiguity. The rules set out in the law are discussed, both for contracting and for the final calculation of the amount of the employee’s monetary payment.

Keywords:

labour contract for learning at work, fixed-term labour contract for a definite period, Labour Code, facultas alternativa, employer, employee, termination of the employment relationship with monetary payment, termination of the labour contract on the grounds of justified or non-justified reasons, amount of monetary obligation

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