Supreme Court dismissed cassation, ruling the one-month notice period starts from the audit report submission to the Board, not the Director's decision.
Legislator summary
AI generatedThe Supreme Court dismissed the cassation appeal filed by an employee seeking reinstatement after his contract was terminated without notice. The court found that the employer's internal regulations authorized the Branch Director to resolve labor disputes, but the Board of Directors received the audit report exposing the employee's misconduct, which triggered the one-month notice period. Consequently, the employer validly terminated the contract within the statutory timeframe, and the employee's claim for reinstatement was rejected.
Legislator headnote
AI generatedArt. 31 § 1 KP; Art. 52 § 2 KP: The one-month notice period for terminating an employment contract without notice begins from the moment the employer obtains knowledge of the circumstances justifying such termination, which in this case was the submission of the audit report to the Board of Directors, not the Branch Director's decision.