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Reasons attributable to the employee

The contract may be terminated without notice through the fault of the employee or without the employee’s fault.

Termination of a contract without notice through the fault of the employee

Termination of a contract withou notice through the fault of the employee:

  • a serious breach of basic duties by the employee. It may occur when:
    • the employee has committed an infringement of at least one of the basic employee duties (such as leaving the workplace without a justification, coming to work while inebriated, collecting an advance by the chief accountant without the employer’s consent); and
    • the breach is grave in terms of culpability (intentional fault or gross negligence).

It is for the employer to assess whether such an infringement has occurred.

  • the employee committed an offence during the term of the contract of employment, which prevents their continuous employment on the occupied position. The condition is that the offence be manifest or established by a valid judgment of the court,
  • the employee has lost their licences necessary to carry out their job for the reasons attributable to the employee.

Termination of a contract of employment for these reasons may take place before the end of 1 month after the employer has become aware of the circumstances that justify termination of the contract.

Termination of a contract without notice without the employee’s fault

Termination of a contract of employment without notice without the employee’s fault:

  • incapacity of the employee for work as a result of an illness lasting:
    • more than 3 months – if the employee has been employed by the employer for less than 6 months,
    • more than the total period of remuneration and allowance collection (182 days) and collection of rehabilitation benefit for the first 3 months – if the employee has been employed by the employer for at least 6 months or if the incapacity for work was caused by an accident at work or occupational disease,
  • justified absence of the employee from work for the reasons other than those mentioned above, which lasts for more than 1 month,
  • the employee’s absence from work due to caring for a child for the period when allowance is collected on this account,
  • isolation of the employee due to an infectious disease for the period when remuneration and allowance are collected on this account.

Termination of a contract of employment without notice is the employer’s right if the conditions laid down in the legislation apply. It is up to the employer whether or not to terminate the contract without notice. The employer may, however, not avail itself of that right.

However, termination of a contract of employment without notice may not take place after the employee appears at work due to cessation of the reason for the absence.

Translated with the support of the European Labour Authority

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