Article 11 of Law No. 5953 recognises a ground of termination specific to the press profession, with no equivalent in Law 4857: a change in the editorial line of the publication.
A Change of Line: The Journalist's Right to Terminate
Under the article, where there is an obvious change in the direction and character of the periodical that harms the journalist's honour and reputation or moral interests, the journalist may terminate the contract without waiting out the notice period.
And more: in that case the journalist may claim the compensation they would have received had the employer terminated at fault. So although the termination comes from the journalist, its consequences arise as if the employer had terminated wrongfully.
| Element | Content |
|---|---|
| Ground | An obvious change in the direction and character of the periodical |
| Effect | Harm to the journalist's honour, reputation or moral interests |
| Result | Termination without waiting out the notice period |
| Compensation | The journalist may claim the compensation payable on a wrongful termination by the employer |
The classic example is an independent newspaper turning into the organ of a political party. The test is that the change is obvious and that it affects the journalist's professional position.
Available in Fixed-Term Contracts Too
The article makes one point expressly: in fixed-term contracts this right of termination may also be exercised without waiting for the end of the term.
The Other Side: The Employer's Right to Terminate
The same article also lists a ground for the employer: where the journalist knowingly or through gross negligence damages the standing and reputation of the periodical, the employer may terminate immediately without a notice period.
Protection of Professional Honour
A journalist cannot be made to do work that would harm their professional honour, and refusing is not a valid ground for dismissal. This is one of the places where the Law provides protection specific to the press profession.
Do Not Confuse This with Sickness
Article 12 deals with a different situation: the contract cannot be terminated by the employer on grounds of the journalist's illness; where the illness extends beyond six months, termination becomes possible with compensation. This is covered in the sickness article.
Bottom Line
A journalist may terminate without serving notice where there is an obvious change in the direction and character of the publication that harms their honour, reputation or moral interests, and may claim the compensation payable on a wrongful termination by the employer. Conversely, a journalist's refusal to do work that would damage their honour does not give the employer a right to terminate.