A distinction is made between employment contracts entered into for a definite and for an indefinite period. The regulations on the termination of the employment contract mainly relate to the latter type and are mainly addressed to the employer. This has everything to do with the relationship between the employer and the employee. After all, the employer does not only dispose of the employee’s labor power, but also of the person of the employee himself (see art. 7: 659 paragraph 1 of the Civil Code) and therefore also part of his life.
The employee is thus placed in a subordinate position to his employer. The employee is dependent on his employer, not only in a legal but also in an economic and social sense. The employee is dependent on the employer for his livelihood, while performing paid work gives it a certain social status. Examples can be found on: https://arbeidsrechtadvocaat.org/ Due to the special statutory regulation of the employment contract, the actual inequality between the parties is legally compensated.
The special statutory regulation of the employment contract therefore has everything to do with what is called the inequality compensation. In that context, the Supreme Court does not refer to the special nature of the statutory regulation of the employment contracts for nothing.
The system of termination of the employment contract
It is therefore not surprising that the employee has a great interest in continuing the employment contract. In line with this, the legislator offers him as much protection as possible in the context of inequality compensation against the employer terminating the employment contract. But such protection does of course have limits.
The interests of the employer will also have to be taken into account; he will want to conduct his business operations efficiently as much as possible. The statutory regulation of the termination of the employment contract tries to find a balance as much as possible between the conflicting interests of the employer and the employee. An employment contract can be terminated in various ways, namely:
– by mutual consent between the employer and the employee;
– due to a termination by operation of law;
– by cancellation by either the employer or the employee and
– by dissolution by the judge.
If the termination of the employment contract is mutually consensual, this does not mean anything other than that the employer and the employee agree that the employment contract must end. The firm https://advocaatarbeidsrecht.org/ specializes on these kinds of cases. When an employment contract ends by operation of law, this means that the termination is the result of a specific event or the expiry of one or specific period or another objectively determinable duration. Termination “by operation of law” does not mean more or less than that no notice is required for termination of the employment contract by one of the parties.