Recent Development The Social Security Institution ("SSI") amended the termination codes set out in the circular No. 2013/11 with the circular No. 2021/9 dated 1 April 2021 ("Circular"). What does the Circular say? In accordance with the Circular, the SSI removed the code "29 - termination by the employer due to the employee's behaviors that are contrary to the rules of ethics and goodwill" from its table of reasons for termination in the circular dated February 22, 2013 and No. 2013/11. In its stead, the SSI added the following codes.
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42 |
At the time of the conclusion of the employment contract, the employee misleads the employer by falsely claiming to possess qualifications or to satisfy conditions required by one of the essential features of the employment contract or by giving false information or making false statements. |
Article 25/II/a of the Labor Code No. 4857 |
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43 |
The employee says anything or acts in a way that constitutes an offense against the honor and dignity of the employer or a member of the employer's family, or makes denouncements or groundless accusations against the employer that offend the employer's honor and dignity. |
Article 25/II/b of the Labor Code No. 4857 |
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44 |
The employee sexually harasses another employee of the employer. |
Article 25/II/c of the Labor Code No. 4857 |
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45 |
The employee assaults the employer, a member of the employer's family or a fellow employee, or the employee comes to work drunk or under the influence of drugs, or consumes alcohol/drugs at the workplace. |
Article 25/II/d of the Labor Code No. 4857 |
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46 |
The employee acts dishonestly and/or is disloyal to the employer, such as commuting a breach of trust, theft or disclosing the employer's trade secrets. |
Article 25/II/e of the Labor Code No. 4857 |
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47 |
The employee commits a crime at the workplace that is punishable with imprisonment of seven days or more and that cannot be postponed. |
Article 25/II/f of the Labor Code No. 4857 |
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48 |
Without the employer's permission or a just reason, the employee is absent from work for two consecutive business days, or twice in one month on the business day following a holiday or three business days in a month. |
Article 25/II/g of the Labor Code No. 4857 |
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49 |
The employee insists on not performing their duties despite being warned. |
Article 25/II/h of the Labor Code No. 4857 |
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50 |
Either willfully or through gross negligence, the employee endangers the safety of the work or damages or loses the machines, equipment or other property or materials of the workplace or that do not belong to the workplace but are in possession in a way that the damage/loss cannot be offset by their 30 days' salary. |
Article 25/II/i of the Labor Code No. 4857 |
Conclusion
The Circular determines separate termination codes for all circumstances that do not comply with the rules of ethics and goodwill.
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