The rights and obligations of the employee

The righs of the employee

The employee has the right to join any association (for example a trade union) and participate in the activities of the association. Similarly, the employee has the right not to join any association.

The employees and their organisations (for example trade unions) have the right to use free of charge the premises of the employer during breaks and outside working hours in order to deal with employment-related issues and trade union matters. Using this right of assembly must not cause any disruption to the business of the employer.

The employee also has the right to request and to receive a written employment certificate from the employer, in which the period of employment and the nature of the duties of the employee should be stated. The reason for the termination of the employment, and the evaluation of the skills and behaviour of the employee during the period of employment should also be provided, if the employee has specifically requested this.

The employee should request an employment certificate within ten years from the termination of the employment. A request for an employment certificate must be made within five years from the date when the employment ended, if employees wish to receive an evaluation of their skills and behaviour. The employer is obliged to provide a new copy of an employment certificate if the original has been spoilt or lost, unless this will cause the employer unreasonable inconvenience.
 
The obligations of the employee

Employees must carry out their work diligently and follow the instructions which the employer gives them within the constraints of law and collective agreements. In addition, the employee must keep to the agreed working hours and use any safety equipment which has been provided. Employees are obliged to safeguard their own health and safety and that of their colleagues as effectively as possible.

Employees must not harm the employer by engaging in any competitive action either by themselves or in the service of another employer. Furthermore, employees must not use the professional or business secrets of the employer for their own benefit or reveal them to any third party. If the employee came to possess such information without proper rights to them, this same prohibition will still continue after the employment relationship has ceased.

The right of the employee to enter into an employment contract with a new employer, who is the previous employer’s competitor, may be limited by a restraint of competition clause. This can be agreed upon at the commencement of employment or later on, and only for a particularly serious reason which is either connected with the business activities of the employer or with the position of the employee.