Praxis Watch

Friday, 30 May 2014

Illegal Termination of the Employment Contract to the Person of Roma Nationality

M. G. addressed Praxis for legal assistance in March 2014 after the employer I. S. B. d.o.o. delivered him the decision on termination of the employment at definite period of time.

M. G.  was employed through the Youth Association since 2011 as a utility worker. One and a half year after the responsible work at the employer’s, in August M. G. 2012 pleaded to be employed at indefinite period of time or to conclude the employment contract at defined period of time. The employer accepted, and in July 2013 it concluded the employment contract with M. G. at definite period.

In September 2013, M. G. hurt his left index finger during his regular working time while taking the waste away. His finger was partly amputated while he was receiving the medical assistance.

Despite all stated circumstances, the employer decided to terminate the employment contract. Praxis sent the notice of originating motion to the employer for the illegal termination of the employment contract aimed at reaching the agreement and possibly returning M. G. to work without addressing the court.  Since the employer turned a deaf ear to the motion, in April 2014 a lawsuit was filed for determining the illegality of the termination of the employment contract and returning of the employee to work.

Only after initiating a court procedure, the employer reacted by delivering the motion for out-of-court settlement by which M. G. was offered cash compensation. Since he was satisfied with what he was offered, M. G. gave up from the request for return to work and decided to use the given amount to start his own business.

Even though M. G. case was solved by reaching an agreement, there is no doubt that employer’s acting in this case is yet another example showing that persons of Roma nationality are one of the marginalized groups in the labour market.

For more information, see the announcement: Out-of-Court Settlement in Case of Illegal Termination of the Employment Contract

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