Termination without notice by the employer due to the employee’s fault
July 1, 2011 1 Comment
All employment contracts without exception may be terminated without notice (i.e. with immediate effect) by the employer due to the employee’s fault, provided that statutory grounds for such termination exist.
Statutory grounds in question include:
- serious violation of basic employee duties (e.g. providing false documents to the employer; drinking alcohol at work; assaulting a fellow employee at work),
- committing such an offence during the period of the employment contract that it is impossible to continue employment, provided that the offence is obvious or has been confirmed by a valid court judgment (e.g. theft of money by an employee of a bank or an accounting department),
- loss, due to the employee’s own fault, of statutory licence or permit, required to work in a particular position.
It is important to note that this is an exhaustive list of statutory grounds which may trigger justified termination without notice due to the employee’s fault. The employee must not be dismissed with immediate effect in other circumstances, in particular the employer has no power to determine other than statutory grounds for termination without notice and it is illegal for the employer to reserve such rights e.g. in the employment contract. Employees dismissed with immediate effect for reasons other than listed above may bring an action against the employer.
Termination without notice due to the employee’s fault is restricted in time: the employer may dismiss the employee only within a month of the date when the employer has found or learnt of the grounds justifying termination. After that period the employer loses the right to terminate the employment contract based on the particular reason he or she wanted to use.
The employer’s statement on termination without notice due to the employee’s fault must be made in writing and provide the reason for termination.