Based on the Labor Law, if the EE doesn't respect the notice period (meaning doesn't work when he should or disappears simply or doesn't cooperate with the employer during the notice), it is an illegal action, a breach of obligations.* (*It is even possible to terminate the contract with immediate effect during the notice period, based on the breach of duties)
What can WM do in this situation?
Send a letter for demand for payment to the EE, if the amount is no more than 3 times the generally mandatory minimum wage
Turn to the Labor Court* and request the following:
EE pays the absence fee to WM
for the notice period, applicable in case of Resignation (in case of a permanent contract) or
in an amount corresponding to the remaining time of the fixed period, but not more than 3 months' absence fee (in case of a fixed-term contract)
Compensation for other damages (e.g. 1 week before a huge project ends, the EE disappears and makes it impossible to hand over the project in time - and causing damages to the company) --> EE needs to pay indemnity to the company but WM needs to prove this.
If the employee terminated their employment unlawfully
They are obliged to pay an amount corresponding to the absence fee for the period of notice applicable in the case of employee termination.
If the employee unlawfully terminates the fixed-term employment relationship, they are obliged to pay the amount corresponding to the remaining time of the fixed-term period, but not more than 3 months' absence fee.
The employer may also demand compensation for damages exceeding the above amount. Together, these may not exceed the amount of the employee's 12-month absence fee. (Labor Code 84 §)
Source (if any): Labor Law, Jogaszvilag.hu