PRAVNI ZAPISI • Year IX • No. 2 • pp. 293-323
EMPLOYMENT CONTRACT’S SUMMARY DISMISSAL IN LAW OF REPUBLIC OF CROATIA
Dr Damir Juras
Voditelj, Odjel prvostupanjskog disciplinskog sudovanja u Splitu
Ministarstvo unutarnjih poslova Republike Hrvatske
e-mail: djuras@mup.hr
Mr Ivana Erceg-Ćurić
Sutkinja, Općinski sud u Splitu
e-mail: Ivana.ErcegCuric@osst.pravosudje.hr
.
Pravni zapisi, No. 2/2018, pp. 293-323
Review Article
KEY WORDS
employer, employment contract, non-fulfilment of duty, notice of summary dismissal, termination of employment, worker
ABSTRACT
In the work, the rules are quoted and described whereof the institute of summary dismissal of employment contract is regulated in the legislature of Republic of Croatia. Besides particular statutory regulations, the law theory views and judicial practice are quoted. Introductory, the regulations on becoming employed and termination of employment are mentioned then, regulations are indicated which, besides Labor Act, are used in the mentioned matter. The central part of work describes reasons for summary dismissal of employment contract, terms and procedure that have to be respected for giving such a dismissal then, rules regulating the legal protection of a party whose employment contract is dismissed. Particularly is emphasized that for giving a notice of summary dismissal, besides existence of legitimate reason, the impossibility of employment continuation has to be defined. The conclusion of the authors is that a summary dismissal of employment contract is an extreme measure where with a conflict between contractual parties would be solved, and that respecting the required rules for both parties’ protection of employment contract interests is substantial then, following and applying judicial practice in aforesaid legal institute’s practical issues.