Three families of termination and the notice periods
Step 1 / 4·The families of termination
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Learning objectives — after this module you will:
- Tell apart the families of employment termination
- Apply the 45 / 30 / 3-day notice periods correctly
- Know the lawful grounds for employer-initiated termination
The families of termination
Identify the right family before thinking about paperwork.
The first and costliest error is picking the wrong family. Each one has its own rules on grounds, procedure, notice and payments. Establish the family first, then talk about documents.
Characteristics of each family
| Family | Typical cases | What HR must watch most |
|---|---|---|
| Automatic termination | Contract expiry, completion of the contracted work, the employee qualifying for a pension | Complete the paperwork on time; do not let it drift into a continued relationship |
| Mutual agreement | Both sides agree to stop, often with a support package | Put the agreement in writing, signed by both — the LOWEST-risk family when done properly |
| Employee-initiated | Resignation with notice | The 2019 Labour Code allows resignation with NO reason given, provided notice is correct |
| Employer-initiated | Persistent underperformance, prolonged illness, downsizing, unexplained absence | The HIGHEST-risk family — you need lawful grounds AND correct procedure; miss either and you lose |
A key change in the 2019 Labour Code
Employees may terminate unilaterally without giving a reason, as long as they give the correct notice. This is a major shift from the previous code. In certain situations — not being given the agreed job or workplace, not being paid in full or on time, being mistreated — the employee may also leave without notice at all.
Key takeaway: Establish the family before starting the procedure; employer-initiated is the riskiest.