Such an infringement may occur if:

• the reason for termination has not been given,
• there have been no trade union consultations,
• the time limit of 1 month period for termination of the contract for reasons attributable to the employee has been exceeded,
• the written form has not been observed;
• there are no grounds for immediate termination of the contract.

In the event of unlawful termination of a contract of employment without notice, the employee may apply to the court:

• for reinstatement to work on previous conditions,
• for compensation.

In the case of fixed-term contracts of employment, the employee is entitled to compensation only if:

• the period for which the contract was supposed to apply has expired; or
• reinstatement to work is not advisable because of the short period of time left until the expiry of that period.

An employee who has taken up employment as a result of reinstatement is entitled to remuneration for the period during which they remained without employment, but no more than 3 months and no less than 1 month.

The remuneration is payable for the entire period of remaining without work in the case of:

• employees during the period of 4 years before the retirement age,
• pregnant employees,
• employees benefiting from maternity, parental and paternity leave, including from the date on which the employee applied for that leave, or part thereof, until the date on which that leave ends,
• when the termination of the contract of employment is restricted by a special provision (for example, for a trade union activist, social labour inspector).

The compensation is financial. The amount of that remuneration is equal to the amount of remuneration for the period of notice. In the event of termination of a fixed-term contract of employment, compensation is payable in the amount of remuneration for the intended term of the contract, but no more than for the notice period.

In the case of immediate termination of the contract of employment by the employee, the employee shall be entitled only to compensation. Compensation is decided by the labour court. Compensation is payable in the amount of remuneration for the notice period. In the case of fixed-term contracts – in the amount of remuneration for the term for which the contract was supposed to apply but no more than for the notice period.

However, if the employee terminates the contract in an unjustified manner, the employer is entitled to compensation in the amount of remuneration for the notice period, and in the case of fixed-term contracts, for the term for which the contract was supposed to apply, but no more than for the notice period.

Circumstances that do not justify the termination of the contract of employment

A reason justifying the termination by notice of the contract of employment or termination without notice by the employer, a reason justifying preparation for termination by notice or termination without notice, or a reason for the application of an action having equivalent effect to termination of the contract of employment, may not be as follows:

• an application by an employee to change the type of employment contract to a contract of employment for an indefinite period or an application for more predictable and secure employment conditions,
• the employee’s request for information that the employer is obliged to provide,
• exercising the right to participate in training that the employer is obliged to provide or training received on the instructions of a supervisor,
• having a simultaneous employment relationship with another employer or having a simultaneous legal relationship other than an employment relationship as a basis for the provision of work. However, simultaneous employment may justify termination or preparation for termination by notice if the restrictions on simultaneous employment result from separate provisions or the employee and the employer have concluded a non-competition agreement.

The employer must prove that, in terminating the employment contract or applying an action having equivalent effect to termination of employment, they were motivated by reasons other than those mentioned above.

If an employee employed for a trial period considers that the reasons for termination of their contract of employment by notice or the application of an action which has an equivalent effect to termination of the employment contract were as follows:

• having a simultaneous employment relationship with another employer or having a simultaneous legal relationship other than an employment relationship,
• the employee’s request for information that the employer is obliged to provide,
• exercising the right to participate in training that the employer is obliged to provide or training received on the instructions of a supervisor,

the employee may request the employer to indicate the reason justifying the termination of the contract of employment or to apply an action having equivalent effect to the termination of the contract of employment. The request may be in paper or electronic form. The application must be submitted within 7 days of receipt of the notice of termination or of the employer's application of an action having equivalent effect to termination of employment.

The employer shall reply to such a request to the employee within 7 days of the date of the employee’s request. The response may be in paper or electronic form.