Κατεύθυνση Εργατικό Δίκαιο
Library of the School of Law

2018-03-01

2018

Dimitra Konstantopoulou

Κωνσταντίνος Μπακόπουλος, Λέκτορας Εργατικού Δικαίου Νομικής Σχολής Αθηνών

Η αιτιολογημένη καταγγελία της συμβάσεως εργασίας ως υπερνομοθετικό δικαίωμα

Greek

The justified termination of the labor contract as super-legislative right

In this document, there is reference to the protection pf the employee's working position, which is the fundamental base of every human social and financial life. This protection is materialised mainly via the limitation of the right as far as the termination of contract of employment, on behalf of the employer. Specifically, in the case the employer decides to terminate the contract of employment of an employee, whose working position is sufficiently protected, he is requested to justify this action of his and therefore explain the productive claims of hiw decision. Via this justification, the employee is able to comprehend the reasons of his lay-off and make up his mind if it is worth taking his employer to court in order to prove that this termination of his working contact was undoubtfully abusive. On this trial, the judge's estimation, as far as the authority of complant is concerned, will be focused on the weighting not only of the employer's freedom but also of the employee's to maintain his working position. The protection of the employee's right of unjustifiable lay-off is foreseen in the article 24 of the Revised European Social Charter.

Law and Legislation

Labour Law

termination, labor contract,justification,lay-off,employee,compensation,unreasonable

Yes

3

No

42

83

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https://pergamos.lib.uoa.gr/uoa/dl/object/2673213