Termination Grounds Related to the Employee's Person
The employer may terminate an employment agreement on grounds related to the employee’s person only when proper and weighty reason(s) for termination exist. When assessing if proper and weighty reasons exist, the number of employees in service of the employer as well as the employer’s and employee’s circumstances as a whole are taken into account. E.g. the following can give reason to terminate an employment agreement on grounds related to the employee’s person:
Absence without authorization
Negligence
Unprofessionalism
Conduct contrary to employer instructions
Refusal to work
Competing activities
Revealing trade secrets
Misuse of intoxicants
Criminal actions and unsuitable behavior
Illness which has resulted in permanent loss of working capacity.
Among others the following are regarded as illegal termination grounds: illness or injury that does not result in permanent or long lasting loss of working capacity, pregnancy, political opinions, participation in lawful industrial action and military service, Among others the following are regarded as illegal termination grounds: illness or injury that does not result in permanent or long lasting loss of working capacity, pregnancy, political opinions, participation in lawful industrial action and military service, [2.8.8.14 Forbidden Grounds for Termination]. If an employer terminates an employment relationship without a legitimate termination ground, he/she shall be liable to compensate the employee. For further information see . If an employer terminates an employment relationship without a legitimate termination ground, he/she shall be liable to compensate the employee. For further information see [2.8.15.3 The Employer’s Liability to Pay Compensation for Groundless Termination of the Employment Agreement]
An employee shall not be given a termination notice before he/she received a warning and there through has been given the opportunity to amend his/her conduct. It is recommended that the warning is given in writing, see An employee shall not be given a termination notice before he/she received a warning and there through has been given the opportunity to amend his/her conduct. It is recommended that the warning is given in writing, see [2.8.8.15 Warning]. After the warning has been given, the employee must be given a true chance and sufficient time to amend his/her conduct and behavior.
Before the employer gives the termination notice, the employer shall also after having heard the employee consider, if the termination can be avoided by reassigning the employee to other tasks. The employee does not need to be reassigned, if the reason for termination the employment relationship is such a severe employment breach that it is unreasonable to require the employer to continue the contractual relationship. see Before the employer gives the termination notice, the employer shall also after having heard the employee consider, if the termination can be avoided by reassigning the employee to other tasks. The employee does not need to be reassigned, if the reason for termination the employment relationship is such a severe employment breach that it is unreasonable to require the employer to continue the contractual relationship. see [2.8.12 Termination Procedure]