Constructive dismissal/ Establishment of a jurisprudential principle based on international law

refuses an offer by the agency that would not constitute constructive dismissal

refuses an offer by the agency that would not constitute constructive dismissal;

A constructive dismissal may occur when an employer makes a significant change to a fundamental term or condition of an employee’s employment without the employee’s actual or implied consent.

Convention No. 158 does not, in any of its 27 substantive articles, refer to or use the term “constructive dismissal”.

The fact that the employee waited over one month to bring up the implicit dismissal was also not late, as a result of which…

Note, however, that a lay-off, even if intended to be temporary, may result in constructive dismissal if it is not allowed by the employment contract.

An employer who unilaterally exempts an employee from performance during the notice period is guilty of an implicit dismissal, because not providing work is a change of an essential contract component.