Termination without notice by the employer due to the employee’s fault

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.

Remedies against unfair or unlawful termination with notice. Vol.2

In contrast to the employment contract for indefinite time, termination of the employment contract for definite time may only be challenged at court if it was unlawful, i.e. violated statutory provisions related to termination. From the legal standpoint, there is no such thing as an unfair termination of the employment contract for definite time because when you terminate a contract of that kind by notice you don’t need to give a justifying reason.

This affects the scope of remedies available to an employee whose employment contract was definite time was terminated. Namely, reinstatement to the previous position is, as a rule, excluded and the employee may only claim damages.

The amount of damages which may be awarded by the court will be equal to the employee’s wages for the time, until which the terminated employment contract was supposed to last, though for no longer then 3 months.

Again, a court dispute initiated by the employee may be resolved by means of a settlement, the subject-matter of which may vary, depending on the parties’ mutual arrangements, e.g. it may provide for a different amount of damages or a different manner of termination of employment.