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How to terminate an employment contract in Latvia?

Dmitrijs Shustovs, lawyer of Law office INLAT PLUS, 25.10.2010.Print version
Question: Employee has committed a road traffic accident and crashed a vehicle, which is owned by an employer. Does employer have rights to terminate employment contract because of this?

Answer: According to Section 101, Paragraph 1, Clause 2 of the Labour Law, an employer has the right to give a written notice of termination of an employment contract if an employee, when performing work, has acted illegally and therefore has lost the trust of the employer.

 

It is not described what actions of an employee may be considered as grounds for terminating the employment contract. In each case an employer shall scope out the actions of an employee, weight of the committed violation, circumstances of the violation, personal characteristics of an employee, etc.

 

In case of a road traffic accident an employer shall establish whether the accident took place at the moment when employee was performing his work duties, taking into account the circumstances of the accident, the weight of consequences, loss amount, etc.

 

The commitment of a road traffic accident as a result of the wrongful actions of the driver, as well as infliction of damage to the property of the employer may be considered as grounds for losing the trust to the employee and termination of the employment contract.

 

An employer will have to prove that such termination has legal grounds in case employee decides to dispute the termination of the contract in the court.

 

Law office INLAT PLUS

Brivibas 40-15, Riga

+371 67505970,

+371 26403577

[email protected]






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