News
When does the notice of termination take effect during the probationary period | LEADELL Academy
Expert in labor law Ilze Jankeviča, in cooperation with the magazine iTiesibas, frequently helps to resolve uncertainties that the readers of the magazine encounter. This time, assistance is needed in a situation where a distinction needs to be drawn between calendar, rest, and working days in context with the calculation of compensation for termination of employment relations during the probationary period.
The aggregated working time has been specified for the employee with a probationary period of three months. The employer gives the notice of termination of the employment relations during the probationary period, issuing the notice on 9 December 2021, thus, the three calendar days end on 11 December 2021 – Saturday (shift has not been scheduled on this date). Is the employer obliged to compensate the three calendar days from the moment of notice, regardless of whether the employment relationship ends on a Saturday on which no shift has been scheduled for the employee? Is the employer obliged to compensate for these days regardless of the work schedule?
Pursuant to Section 47 Paragraph 1 of the Labor Law (LL), during the probationary period, the employer and the employee have the right to give a notice of termination of the employment contract in writing three days prior to termination. The term “three days” should be understood as three calendar days, not three working days. The day of receipt of the notice shall also be included in the three-day period.
Section 16 Paragraph 5 of the LL stipulates that, if the time period expires on a weekly rest day or a public holiday, the subsequent working day shall be deemed to be the last day of the time period. It follows that the employment relationship cannot be terminated on a rest day. Consequently, if the employment contract is terminated on Thursday, but the employee has a rest day on a Saturday and Sunday, then the employment relationship will end on the next working day assigned to the employee.
At the same time, the LL does not require the employee to work each day during the period for the notice of termination, i.e. these days do not have to be scheduled as working days.
The employee shall not be paid for the number of calendar days, but for the time during which he has actually worked. In addition, under Sections 149 and 75 of the LL, the employee must also be paid compensation for unused annual leave.
What to do in case of uncertainties?
LEADELL Vītols team actively provides professional support to clients in labor law matters. Entrust these and other labor law issues to us: riga@leadell.com
Attorney-at-law Ilze Jankeviča shared her knowledge at the LEADELL Academy. Ilze has in-depth knowledge in the field of labor law and she would be pleased to help you in finding solutions to issues arising from employment relations.
Read more:
https://leadell.lv/en/two-notices-for-one-employee-22092022/
https://leadell.lv/en/is-it-mandatory-to-include-information-on-working-time-leave-and-time-period-for-giving-a-notice-of-termination-in-the-employment-contract-leadell-academy/
-
Work Disputes | Dispute Resolution
01.08.2024 -
3 Correct Ways to Assign Employees for Storm Damage Cleanup | LEADELL Academy
01.08.2024 -
1. Company Registration Status | 8 Step Guide
12.06.2024
Latest News
Subscribe to Leadell's Newsletter
