One of your employees goes on holiday without notifying anyone, and you therefore wish to dismiss them. How should you proceed? This is the case that was submitted to me.
An employee had travelled abroad on holiday without anyone in the company being informed. Since the employee was not reliable, the company wanted to dismiss them as quickly as possible. But how can you ensure that the employee cannot raise claims following their dismissal?
I advised the company to write to the employee, requiring them to resume their employment immediately. The employee did not comply, provided no explanation and did not even take the trouble to reply to the company.
Two days later, by letter again, the company recorded that the employee had abandoned their workplace and had thereby terminated the employment contract themselves. By acting this way, it is the employee who terminates the employment contract, not the employer. This protects the employer from any claims the employee might raise regarding their dismissal.
The matter was resolved as follows: the employee never returned to work and never raised any claim.
Note also that, under Article 337d of the Code of Obligations, where an employee abruptly abandons their job without valid reason, the employer is entitled to compensation of up to one quarter of the monthly salary. The employer is also entitled to compensation for any further damage.
Every situation is different. If you are faced with this type of issue, I strongly advise you to consult a competent adviser.