The employer must give the worker a notice of summons to a hearing in advance, in order to allow the employee to properly prepare for his case.The notice should include the reasons for convening the hearing and the details of the complaints raised against the employee. The employee must be given adequate time to organize and prepare his arguments for the hearing. The employee can present the arguments himself, or with the help of a lawyer or other representative on his behalf.<\/p>\n

During the hearing, the employer is required to present their issues with the worker openly and fairly, and has the duty to listen to the employee’s answers and to consider them seriously before making a final decision on whether or not to terminate the employment. The hearing will be held before the person authorized to decide in the matter of the termination – direct manager, the human resources department or a senior staff member. The employee may be accompanied by a representative on their behalf. The hearing’s minutes must be recorded and a reasoned decision should be made based on the arguments of both sides.<\/p>\n

In the event of fundamental defects in the dismissal decision, a labor court may order the employer to make amends: return the worker to their position or provide monetary compensation for unlawful dismissal.<\/p>\n

Advance notice by law before termination of employment<\/h4>\n

If, following the hearing, a decision is made to dismiss the employee, the employer must provide the employee with a written notice stating the date of on which the dismissal will take place. A worker who has worked for the employer for at least a year is entitled to receive the notice at least a month in advance of the dismissal. If the employer fails to provide advance notice, they will be required to provide the employee with compensation in an amount equal to the employee’s ordinary salary for the period for which no advance notice was given.<\/p>\n