TERMINATION OF EMPLOYMENT CONTRACT
Termination of an employment contract by the employer
Termination of an employment contract by the employer should be submitted in written form. The notice should specify the length of the period of notice and the date for terminating the contract of employment. Moreover, the employer, in the case of termination of contracts of indefinite duration or when terminating a contract of employment without notice shall indicate the reason for the termination. It must also include information about the right of employee to appeal to the Labour Court.
Termination of an employment due to employee's fault
An employer may terminate an employment contract without notice due to the fault of the employee in the case of:
- serious breach of fundamental obligations by employee
- crime commited by an employee in the course of an employment contract which prohibits to employ him/her further at the post, if the offence is obvious or has been found guilty by a final judgment
- when employee loses rights required for the performance of work at the post.
In these cases, the employer shall have the right to terminate the contract of employment with the worker, without prior notice. Termination of the contract without notice due to the fault of the employee, may not take place after the expiry of 1 month after the employer obtained information on the circumstances justifying termination of the contract. The employer may decide to terminate the contract after consulting company trade union organisation, representing the employee, which is given reason for termination of the agreement. If objections are raised as to the justification for termination, the establishment's trade union body shall deliver its opinion without delay, at the latest within 3 days.
Notice of amendment of pay or working conditions
Notice of amendment of working conditions or pay must be made in writing and contain all the amendments to be made to the employment relationship. In the event of employee's refusal to accept proposed working conditions or pay, the employment contract shall be terminated at the end of the period of notice. If the employee before the end of half of the period of notice does not sumbit the declaration of refusal of proposed conditions, it shall be deemed that he agreed to these conditions. Letter from the employer, denouncing the working conditions or wages should include information on the matter. If this information is not provided, the employee may, until the end of a period of notice submit a statement of refusal of proposed conditions.
Termination of an employment contract by the employee
Termination of an employment contract by a worker should be submitted in writing. The employee may terminate by notice the contract for a probationary period and for an indefinite period of time. Termination of the contract shall take effect from the expiry of the period of notice. The notice period for an employment contract concluded for a probationary period is:
- 3 working days where the probationary period not exceeding 2 weeks,
- 1 week if the probationary period is longer than 2 weeks,
- 2 weeks if the probationary period is 3 months.
The notice period for an employment contract concluded for indefinite duration depends on the period of employment with the employer concerned, and shall be equal to:
- 2 weeks if the worker has been employed for less than 6 months,
- 1 month, if the employee was employed for at least 6 months,
- 3 months where the worker has been employed for at least 3 years.
Since 2016, the notice may be addressed to each fixed-term employment contract, irrespective of its length. The notice periods for fixed-term employment are the same as for employment contracts for an indefinite period.
The employee may terminate the employment contract without notice due to the fault of the employer
Termination of an employment contract due to the employer's fault
The employee may terminate the employment contract without notice if there has been issued a medical certificate stating the harmful effects of work on the health of the worker and the employer fails to transfer him or her by the deadline specified on the medical certificate to another job, adequate due to his/her state of health and professional qualifications.
The employee may also terminate the contract of employment if the employer has been guilty of serious breaches of fundamental duties towards an employee (e.g. no remuneration or late payment). In such a case, the staff member shall be entitled to compensation equal to the remuneration for the period of notice, if the employment contract was concluded for a fixed period or for a period of completion of a specific task, at a rate of remuneration for a period of 2 weeks. A statement by the employee to terminate a contract of employment without notice due to the fault of the employer must be given in written form, stating the reason for the termination of the contract.
Termination of an employment contract (mobbing)
An obligation of the employer is to counteract mobbing. Mobbing means any act or behaviour concerning worker or directed against the worker, involving persistent and long-lasting harassment or intimidation, resulting in under evaluation of the professional suitability, degradation, isolating or eliminating employee from the pool of staff. The employee may terminate the contract with a notice or without notice. In the event of termination of the contract due to the psychological harassment without notice , employee is entitled to:
- compensation for dismissal due to and
- compensation for dismissal due to severe breach of fundamental duties towards an employee.
A statement by the employee to terminate the employment contract must be made in written form, including a statement on the ground of harassment. In the event of termination of the contract due to severe breaches of fundamental duties towards an employee, in a written declaration of will, in addition to specifying the forms of psychological harassment, there must be given a description of serious infringement of fundamental obligations of the employer towards the employee.