Employers can terminate contracts with employees arrested or imprisoned for not paying child support, with different rules for temporary detention versus serving prison sentences.
Temporary Arrest vs. Imprisonment: Key Differences for Employers
Can an employer terminate an employment contract with an employee who has been arrested or imprisoned for non-payment of alimony? The answer depends primarily on whether the employee was temporarily arrested or is serving a prison sentence based on a final court judgment.
Methods of Terminating an Employment Contract: Legal Basis
Law specifies methods for terminating employment contracts. According to Article 30 of the Labor Code, this can occur through:
Temporary Arrest and Contract Expiration: The 3-Month Rule
If an employee accused of non-payment of alimony has been temporarily arrested, Article 66 § 1 of the Labor Code applies. According to its text, “the employment contract expires after 3 months of the employee’s absence from work due to temporary arrest, unless the employer has previously terminated the contract without notice due to the employee’s fault.”
Note: The employer is obligated to re-employ the employee if the criminal proceedings were dismissed or an acquittal was issued, and the employee reports back to work within 7 days of the judgment becoming final. This does not apply when criminal proceedings were dismissed due to statute of limitations or amnesty, or in the case of conditional dismissal of proceedings.
Imprisonment: When Can an Employer Terminate Without Notice?
The situation is different when an employee has been taken to a prison to serve a prison sentence based on a court verdict. In such a case:
This does not mean that such an employee cannot be dismissed. According to the law, if the employee’s absence due to serving a prison sentence lasts longer than 1 month, the employer may terminate the contract without notice without the employee’s fault based on Article 53 § 1 point 2 of the Labor Code.
When Does Conviction for Non-Payment of Alimony Affect Employment?
It should be emphasized that mere conviction for non-payment of alimony has little impact on the employee’s professional situation. To be treated as a serious violation of basic employee obligations and possible termination in disciplinary proceedings, the offense would need to meet specific criteria under Article 52 of the Labor Code.
What Should an Employer Do First?
An employer who intends to terminate a contract with an employee should take specific actions. The most important is to determine the legal basis for the employee’s absence. Information can be obtained from the court or from the appropriate law enforcement authorities.