As an independent contractor, you need to make sure that everything you do is created and written in advance. Try this independent contractor contract. Sometimes, particularly when the contract is long-term, the employer will not be willing to assume such a heavy obligation to an uncontrolled worker and will insist that the amount paid for dismissal “without cause” be limited to a shorter period, for example. B six months. The fixed duration of the contract is then transformed into a severance agreement. “If we let you go, we will pay you for one year and you will receive your bonus, which we consider sufficient protection for you.” In the interest of the proper placement of employers and workers, a detailed explanation of the basic conditions of a written employment contract is followed by a detailed explanation. In Spotless, the Court of Justice recognized that the permanent nature of the employment depends on the continuation of the employer`s contracts with its clients. Nevertheless, it was found that the employer`s practice of redeploying employees meant that dismissal was not inherent in the workplace. As such, termination was not usual and usual simply because a customer contract was lost. An employer may inform potential workers that the employment is provided for the duration of a given employment contract, possibly by the insertion of a corresponding clause in the employment contract. However, this position may change if the employment persists, if the client contract is renewed or if the employee is assigned to another contract.
The employee is not in a position to acknowledge that the client contract has been renewed as he continues his work in a job that now appears permanent. For this reason, the labour court ruled that dismissal was illegal when the employer, shortly after the dismissal, set up a new staff for the similar position. At the same time, dismissal, in which the employer divides the tasks of the former employee between two employees without hiring a new colleague for the same position, has become legal. If you wish to dismiss an employee, but the worker`s behaviour does not exceed a certain limit justifying an exceptional dismissal, the only way, according to Hungarian labour law, to dismiss him is ordinary dismissal. Since illegal dismissal can have serious financial consequences, it is worth pooling an employer`s 5 essential knowledge of ordinary dismissals, including Hungarian labour court jurisprudence. The types of contracts vary depending on the person`s employment status. It is therefore important to correctly determine the employment status of the person you are hiring before writing an employment contract. For this reason, each employer must carefully consider at least the following 5 (five) questions before disclosing a regular dismissal: in the event of regular dismissal, the employer pays severance pay if the worker has a job of at least three years.
In addition to the figures mentioned above, the employer pays compensation for unused vacations. The length of the notice and the amount of the severance pay are based on the seniority shown in the table below: the importance of the “normal and usual rotation of work” (OCTL) and the corresponding exemption from the obligation to pay are at the centre of the response. The only protection for workers in this situation is the reality of competition – an employer that does not pay fair bonuses will end up losing its talented workers. In the short term, the employee can usually enter into and obtain a contract guaranteeing a minimum bonus for at least the first or two years of the agreement.