Radno i socijalno pravo

Боривоје Живковић, Условни престанак радног односа, Радно и социјално право, стр. 219-242, ХУТ (1/2012)

Borivoje Zivkovié, judge Court of Appeal, Belgrade

CONDITIONAL TERMINATION OF EMPLOYMENT

Summary

Employment ab initio can be established under a specific condition. Such condition is expressed through a trial work period. A trial work period is a limited period of time and it is determined ex lege by the working circumstances and the related legal norms. In such case, the evaluation of an employer is not necessary.

In specific labour conditions which are provided for by the Labour Law, trial work is a result of both employer's and employee's will, as it is implied by the Labour Law through a blanket technique.

In the latter case, it is necessary to make the employment contract for the trial work, so that such contract can be applied from all material legal aspects. Considering the negative results of the trial work, such contract provides for the termination of contract in case the employee does not present adequate results with his/her work. In such case, the employment terminates on the date of working period termination stated in the employment contract.

This case is different from the case of employment which is established on an unconditional basis by the expression of will of the contracting parties, i.e. employer and employee, but it is also modified in such manner to allow the termination of contract in the event one of the conditions stated in the contract has not been met. This can be done in case of the mutually agreed upon termination of employment, with the contract clause containing the condition which directly affects the termination of enployment. In such case, the mutually agreed upon termination of employment also has the features of a conditional termination of employment.

In some cases, the conditions can be completely or partially met. There are no rules regarding the partial fulfilment of specific conditions.

Keywords: employment, trial work, condition, agreement on termi-

nation of employment, autonomy of will, agreement on the termination of employment and modification of legal work.

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