Immediate Termination of Employment by the Employee
Immediate termination of the employment relationship by the employee is an extraordinary way of terminating the employment relationship, which can be used by the employee in exceptional cases specified by the Labor Code.
Important Considerations for Immediate Termination of Employment
This step means that the employment relationship ends immediately upon delivery of the written notice to the employer (be sure to make the delivery in a verifiable manner—ideally with a witness, and do not forget that it should be delivered to the employer’s registered office or place of work, directly into the hands of the employer).
Unlike a resignation, where a notice period applies, the employment relationship is terminated immediately. The process cannot be undone or reversed after that. If you wish to continue cooperation with the employer, you would need to sign a new employment contract. This method of termination is relatively drastic and should only be used if the conditions set out in the Labor Code are met (otherwise, the termination may be invalidated by the court).
When Can the Employee Proceed with Immediate Termination of Employment?
According to the Czech Labor Code (Section 56 of the Labor Code), the employee may proceed with immediate termination of the employment relationship in two situations:
Health Reasons – If, according to a medical assessment, the employee is unable to continue performing their work without serious risk to their health, and the employer does not allow them to transfer to another suitable position within a reasonable period of time that would correspond to their health condition. Both conditions must be met (health reason + failure to allow a transfer).
Non-payment of Wages – If the employer fails to pay the employee their salary, wages, or compensation within 15 days after the due date. The due date is generally understood to be the entire calendar month following the month for which the salary or wages are due. The due date is important according to the terms of your employment contract.
How Does Immediate Termination of Employment by the Employee Look?
Just like when the employer initiates immediate termination of the employment relationship, the employee must also terminate the employment relationship in writing, and the reason for the termination must be clearly stated in the notice; otherwise, it is invalid. The employer must make the immediate termination in a sufficiently clear and understandable manner for it to be reviewable; otherwise, such termination is invalid. The reason cannot be changed later.
An employee who terminates their employment immediately due to non-payment of wages is entitled to compensation equal to at least two months' earnings (the length of the notice period). If the employee terminates the employment for health reasons, they are entitled to severance pay unless the condition was caused by the employer (e.g., a work injury or occupational disease).
Timeframe for Immediate Termination of Employment by the Employee
The employee can immediately terminate the employment relationship only within 2 months from the day they learned of the reason for the immediate termination, and no later than 1 year from the day the reason arose. Remember, the right to immediate termination is subject to a deadline. If you do not exercise your right in time, it will expire.
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O vaše práva zaměstnance se stará Advokátní kancelář Ing. Mgr. Ladislav Šmarda, se sídlem v Olomouci a Praze, ČAK 18060
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