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Group 27

Albina Sharra Albania Huyang Yang China Guillaume Stevens Madagascar Mirela Vaduva Romania. Group 27. The dismissal of an employee. ALBANIA. How do you communicate it? Written Motives Warning deadline Wrong communication Illegal termination Court. Two main reasons

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Group 27

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  1. Albina SharraAlbania Huyang Yang China Guillaume Stevens Madagascar Mirela Vaduva Romania Group 27

  2. The dismissalof an employee

  3. ALBANIA How do you communicate it? • Written • Motives • Warning deadline Wrong communication • Illegal termination • Court Two main reasons • Deducted inability • Two negative evaluations • 10 days • Civil Service Commission • Disciplinary violations

  4. CHINA Labor Contract Law • Employee is proved not fit to what he/she did during the probationary period • Employee establish labor relations with other companies at the same time • gross misconduct, causing substantial damage to the employer Enterprise employees incentive regulations • Workers often absent without justifiable reasons, after criticism and education, employee would be still absent over15 days within 1month or 30 days within 1 year

  5. MADAGASCAR Cessation of labour contract: • Article 28: contract can be suspended in case of big mistake • Article 32: employee has to be notified in advance by written letter • Article 33: the actual lay off of the employee has to be done by written or a letter with the motifs • Article 37: Collective dismissal  compensation  10 days of salary per completed service years

  6. ROMANIA • Communicate decision and reasons for firing the employee on paper; also duration of accorded notice (not less than 15 days). • case of collective dismissal • notice‘s period suspended if contract suspended • negotiation • Reasons legally fired: • wrong and repeated deviation • employee arrested (>30 days) • inapt physically and psychically (doctor’s decision) • retired

  7. Conclusion • Written proof • Reasons more or less the same • Better jurisdiction where the compensation is higher

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