Before the employer submits a declaration of intent to terminate a fixed-term or indefinite-period contract of employment, they must notify in writing the trade union organisation which represents the employee of their intention to terminate the contract with the employee. In doing so, the employer should provide reasons for the termination of the employment relationship.

This applies to an employee:

• belonging to a trade union; or
• where the trade union has provided them with such protection at the employee’s request.

The trade union may, in such circumstances, submit substantiated objections in writing within 5 days of receipt of the notification.

These reservations are not binding on the employer. They are only the position of the trade union that the employer is supposed to consider when deciding on the termination.

There is no list of reasons for termination which could be called justified.

It is the so-called general clause, which means a broad, vague wording. It allows for decisions to be adapted to the circumstances.

In the light of the case law of the courts, the cause should be of specific, genuine and substantial nature. It may not be too vague, stating, for example, that the employee has failed to perform their duties.

A genuine cause is that which is reflected in reality and thus the employer is capable of indicating the facts on the basis of which they have determined the cause. A substantial cause is that which, by its very nature, ought to result in termination of the contract of employment – may not be trivial (for example, being several minutes late is not generally a substantial cause, but e.g. loss of trust towards an accountant who has breached tax or accounting regulations is such a cause).

It is accepted that underperformance of duties provides grounds for termination, regardless of whether the employee is culpable. However, as a general rule, a one-off minor breach of those duties does not justify termination.

A reason justifying termination of the contract of employment or a reason justifying preparation for termination 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 if the restrictions on simultaneous employment result from separate provisions or the employee and the employer have concluded a non-competition agreement.

Nor can the above events constitute a reason justifying preparation for termination or termination without notice or a reason for an action having equivalent effect to termination of employment.

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 with 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,

they may request the employer to indicate the reasons justifying the termination of the employment contract or the application of the action having an equivalent effect. The request may be in paper or electronic form. The request 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.