An employee can unilaterally terminate a labour contract without giving reasons if the labour contract is an indefinite term one and he/she must give an at least 45 working day notice in advance to employer. However, if the employee signs a definite term labour contract with the employer, the employer is allowed to lawfully unilaterally terminate only in one of the following circumstances:
- The employee is not assigned to correct job or work place or ensure the work conditions as agreed in the contract;
- The employee is not paid in full or in time the wages due as agreed in contract;
- The employee is maltreated or is subject to forced labour (plus sexual harassment from 1 May 2013);
- Where the employee suffer illness or injury and remains unable to work after having treatment for a period of three consecutive months in the case of a definite term labour contract with a dura tion of twelve months to thirty six months, or for a quarter of the duration of the contract in the case of a seasonal labour contract or a labour contract for a specific job with a term of less than twelve months;
- Due to real personal or family difficulties, the employee is unable to continue performing the contract;
- The employee is elected to full-time duties in a public office or is appointed to a position in a State body; or
- The female employee is pregnant and must cease working on the advice of a doctor.
The employee shall give a notice in advance of at least 03 working days to the employer where the termination of labour contract is in items from (i) to (iv) above. An advance notice of at least 30 working days of the employees working under the labour contracts from 12 to 36 months or at least 03 working days of the employees working under the labour contracts for seasonal or specific job with a duration of less than 12 months respectively must be delivered to the employer prior to the termination date in the case of item (v) and (vi) above. A number of date of notice in advance by the employee in case of termination in compliance with item (vii) shall depend on the doctor’s decision.