Do you suspect that your employer is considering terminating your employment, or has he already delivered you the notice? Whether you're an employee seeking legal assistance or simply curious about your rights, this article will provide valuable information on your rights and options under the Czech Labor Code (Act No 262/2006).
Termination Methods
Fixed-term employment usually ends upon the agreed-upon date. Terminating an employment relationship concluded for indefinite period can be done through bilateral agreement or unilaterally by either the employee or the employer.
1. Bilateral Agreement on Termination of Employment:
Requires consent from both parties.
Must be in writing.
Employment ends on the agreed-upon day.
Both parties must receive a copy.
Important: this agreement cannot be arranged retroactively.
2. Termination by Notice:
Employees can resign without giving a specific reason.
Important: Employers can issue a notice of termination only for reasons specified in Section 52 of the Labor Code. This includes situations like business closure, worker redundancy, employee misconduct, or prolonged worker incapacity, among others.
The reason for notice must be clearly defined and cannot be changed afterward.
The notice period generally lasts for two months (regardless of whether the notice was given by the employee or the employer), starting from the first day of the following calendar month after the notice's delivery. For example, if you hand over your resignation to the employer on 15th September, your employment will terminate on 30th November.
3. Immediate Termination of Employment:
Exceptional method for serious violations as defined in Sections 55 and 56 of the Labor Code. These reasons include severe employee misconduct or delayed wage/salary payments by the employer.
Can be used by both employer and the employee.
Not applicable to pregnant workers, those on maternity leave, or parental leave.
Employment ends on the day of delivery of the termination.
4. Termination of Employment during the Trial Period:
Possible for both employers and employees without specifying a reason.
Employment relationship ends on the day of delivery of the termination unless a different date is specified.
Not applicable during the first 14 days of temporary incapacity for work or quarantine of the employee.
Special Cases for Foreign Workers
For foreign workers, employment terminates when their stay in the Czech Republic ends as per a residence permit revocation or expulsion judgment, or upon the expiration of their employment permit, employment card, or long-term residence permit for qualified employment.
Termination of employment in the protective period
It is important to note if you're in a protective period (“ochranná doba”) (e.g. temporarily incapable of work, on maternity leave, parental leave, etc.), your employer cannot terminate your employment during this time.
Conclusion
Understanding termination process can help ensure that you receive fair treatment under the Czech labor law. If you find yourself in a situation where your rights have been violated or you do believe your termination was unjust, don't hesitate to reach out to us at info@expatlaw.cz for more assistance. We are here to provide the guidance and representation you need to ensure your rights are protected.