The early termination of a fixed term contract before its term is possible by agreement and also in many cases provided by law. How employer or employee can break a CSD. Conditions and procedure.
Out by the employee
Shame and interests
If the employee resigns from CSD, the employer is entitled to ask for damages in an amount equal to the wages corresponding to the period of work not performed.
Out of CSD for CDI
The employee may terminate a CSD it is also a CDI (contract of indefinite duration). He shall comply with a notice equal to one day a week of work, capped at two weeks notice. The employer may oppose naturally subject the employee to provide the necessary evidence.
gross negligence of the employer
The employee may ask the court judicial resolution of the contract for serious misconduct of the employer. This is particularly the case if the employer does not pay the agreed remuneration. If the courts prove him right, the employee will receive compensation at least equal to the amount of remuneration he would have received until the end of the contract.
Termination by the employer
The employer can not break the CSD that in some specific cases. These conditions apply even when the employee has not yet started work.
serious misconduct by the employee
The employer may terminate the CSD in advance for misconduct of the employee in accordance with the termination procedures for personal reasons.
The employer may also break the CSD in case of incapacity, that it is occupational or not. This failure must be established by the occupational physician. The employer has a graduation requirement. If the employee is not reclassified in the month following the finding of unfitness issued by the doctor, the employer may terminate the contract.
The employer may also break the CSD in case of force majeure (destruction of premises, etc.).
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