A termination of employment (dismissal) is considered invalid if it does not meet the legal conditions established by law. This article outlines the basic legal principles governing terminations, enabling employees to better determine whether a given dismissal was lawful or constitutes an invalid termination.
We will also examine the specific grounds on which an employer may lawfully terminate an employment relationship, as well as the most common errors that may render such termination invalid.
An employment contract must be concluded in writing, and the same formal requirement applies to its termination. By law, a notice of termination must be made in writing.
Oral statements are not valid. If an employer merely informs the employee verbally (e.g., “Do not come to work anymore”), this does not satisfy the legal requirement of a written notice, and such termination has no legal effect. In such a case, the employment relationship continues uninterrupted.
Likewise, electronic communication (e.g., email, SMS, or messages via social media platforms) typically does not constitute valid delivery of notice. Termination via electronic means is generally not recognized unless it is delivered via a secure data box, and the employee has consented to this form of communication.
Any notice of termination issued by the employer must be sufficiently specific, and the reason for termination must be clearly stated. The Labour Code provides an exhaustive list of lawful grounds for dismissal, and an employer may notterminate an employee for any reason not listed therein.
TIP: Merely citing a legal provision (e.g., “per Section X”) is insufficient.
The employer must describe in factual detail the conduct or circumstances that constitute the legal reason for dismissal.
An employer may terminate an employee only for reasons explicitly provided by law. If the statutory grounds are not met, the dismissal is invalid, even though employers may attempt to proceed with it regardless.
The lawful grounds for termination as provided by law include:
Dissolution of the employer or part thereof;
Relocation of the employer or its unit;
Redundancy due to organizational changes;
Health-related reasons (e.g., occupational illness or work injury);
Loss of fitness to perform work duties;
Failure to meet legal or contractual qualifications;
Breach of work duties;
Violation of prescribed regime during temporary incapacity for work.
If no reason is stated, or if the stated reason does not meet the legal criteria or is incorrectly defined, the dismissal is invalid.
In the event of an invalid termination, the employee must actively challenge it by filing a lawsuit with the competent court. Otherwise, even an invalid termination may result in the end of the employment relationship. By not contesting it, the employer may effectively terminate the relationship despite the invalidity of the notice.
To take legal effect, the termination notice must be duly delivered to the employee in accordance with the applicable provisions of the Labour Code. The employer must adhere strictly to the delivery rules. Failure to do so renders the notice legally ineffective.
Furthermore, the employer must be able to prove proper delivery. If the employer cannot substantiate lawful delivery, the termination may be overturned in court proceedings initiated by the employee.
Note: Refusal by the employee to accept delivery of the notice may still have legal consequences, provided the employer complies with the statutory procedure for service.
Have you received a notice of termination and are unsure of your next steps? Contact us, and we will assess the lawfulness and validity of your dismissal. We are prepared to help you assert your legal rights against your employer.
We will now take you through a short questionnaire, inviting you to complete a few questions and finally asking you to provide supporting documents.
In the event of a workplace accident, the damage is often not limited to personal injury. Damaged watches, broken mobile phones, or destroyed clothing can impose an additional financial burden in what is already a complex situation. As an employee, you have the right to compensation for damage to your personal belongings in connection with a workplace injury—and in this article, we will explain how to effectively assert this right.
Workplace Injury and Permanent Consequences as an Impact on Employee Health. What Are the Claims for Workplace Injury Compensation? More in Our Article.
Workplace injuries can affect an employee's life not only in terms of health but also financially, with consequences that extend over a longer time horizon. The result may be a prolonged impairment of the employee's work capacity. Initially, the employee operates under the regime of temporary incapacity for work.
Workplace accidents present not only a health risk but also a financial burden for employees. In cases of long-term sickness, employees often rely on sickness benefits, which, however, do not cover the full salary they were receiving from their employer before the workplace accident. If you are injured at work, you are entitled to compensation for lost earnings, which should cover the difference between the sickness benefits you are receiving and the amount you would typically earn from your employer if the accident had not occurred.
O vaše práva zaměstnance se stará Advokátní kancelář Ing. Mgr. Ladislav Šmarda, se sídlem v Olomouci a Praze, ČAK 18060
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