Recently, as a lawyer, I have been seeing more and more cases in which an employer wants to part ways with an employee, but instead of terminating the employment on a lawful ground – Article 331 of the Labour Code , pressures the employee to leave the job by “mutual agreement”.
An employee who is forced to leave voluntarily cuts off the possibility of receiving unemployment compensation in the full amount and for the full statutory period, as well as compensation from the employer of not less than 4 gross salaries, simply because they were frightened by the words “disciplinary dismissal.”
“If you do not sign, we will dismiss you for disciplinary reasons and this will remain in your electronic employment record. No one will hire you afterwards.”
This is the moment to stop and not sign anything hastily.
And what if the dismissal is unlawful? It can be challenged in court.
The time limit for challenging a disciplinary dismissal is 2 months.
However, we are clever and forward-looking and will file two cases, the first about a week after the dismissal, so that it is within the time limit and you have minimal costs in case the employer turns out to be right.
Yes. Since 1 June 2025, the unified electronic employment record has been in force for employees. It contains data on employment activity and is an official evidentiary document. Under certain conditions, employers have access to information from previous employers, but this does not mean that an employer can simply “label” you however they wish. The data in the record must be accurate and lawfully entered.
The ground for termination of the employment relationship is changed in the unified electronic employment record by order of the court. The court may also award you up to 6 gross salaries plus statutory interest and reinstate you in your position. Upon reinstatement, the employer is obliged to pay the relevant pension insurance contributions to the National Social Security Institute (NSSI) for the period during which the case was pending.
No one requires you to continue working for the former company. After you receive your payslip showing that your insurance contributions have been paid, you may continue working if you wish, leave if you wish, or wait for the manager to take the initiative and offer compensation of at least 4 salaries, in order to terminate the employment contract.