Legal Q&A · Employment Law & HR

When may an employer terminate employment immediately?

Law as at 21 July 2026

Answered by , Czech and Slovak attorney, admitted to the Slovak and Czech Bars (SAK 300422 · ČAK 19654).

Short answer

An employer may terminate employment immediately only exceptionally: where the employee has been finally convicted of an intentional criminal offence or seriously breached work discipline. It must act within two months of learning of the grounds and no later than one year after they arose. Protected employees, such as those on maternity or parental leave, cannot be dismissed immediately.

What grounds permit immediate dismissal?

Immediate termination, commonly called dismissal “on the spot”, is an exceptional measure under Section 68 of the Labour Code. The employer may use it only where the employee:

  • has been finally convicted of an intentional criminal offence; or
  • has seriously breached work discipline.

Other grounds do not permit immediate termination; they may support notice instead, such as unsatisfactory performance or less serious misconduct following a prior warning.

By when must the employer act?

The employer may terminate immediately only within two months of learning of the grounds, and no later than one year after they arose (Section 68(2)). The right expires once those periods pass. Immediate termination must be in writing, served and state the grounds in precise factual terms, otherwise it is invalid.

Who cannot be dismissed immediately?

Under Section 68(3), the employer cannot immediately dismiss a pregnant employee, an employee on maternity, paternity or parental leave, a lone employee caring for a child under three, or an employee personally caring for a close person with a severe disability. For most of these employees, however, the employer may terminate by notice on the same grounds.

Practical advice

“Serious breach of work discipline” is the most common source of dispute, and its severity is assessed strictly: examples typically include theft, physical assault, unauthorised absence or seriously endangering operations. The decision should be documented in advance and the employee allowed to respond. Courts often declare hasty immediate termination invalid, leaving the employer liable for wage compensation. We prepare the procedure through immediate termination of employment, address recurring problems through problem employees, and pursue or defend invalid termination claims where proceedings are underway.

This answer provides general information on the law as at 21 July 2026. It does not constitute legal services or replace an assessment of an individual case. The details of your situation may differ. Book a consultation to discuss them.

More legal questions

All questions and answers
  1. My employer has not paid my wages. Can I terminate the employment immediately, and what am I entitled to? Yes, if the employer has not paid you your wages or part of them within 15 days of their due date. The immediate termination must be in writing, must describe the ground in factual terms and must be delivered to the employer within one month of the day on which you learned of the ground. On a valid immediate termination you are entitled, besides the wages owed, to wage compensation in the amount of your average monthly earnings for a notice period of two months.
  2. An employee has not come to work for several days and is not responding. Can we terminate the employment immediately? You can, if the absence is unexcused and of an intensity that the court will accept as a serious breach of work discipline; an isolated one-day absence by an otherwise trouble-free employee may not be enough. First check whether the employee is not on sick leave or facing another obstacle to work that they will demonstrate later. The immediate termination must be delivered into their own hands within two months of the day on which you learned of the absence, and with an employee who is not responding you need a carefully considered delivery plan.
  3. We are abolishing a post. What must a redundancy notice satisfy in order to stand? You need a written decision on an organisational change adopted before the notice, an employee who became redundant precisely as a result of it, and the duty to offer other work discharged. The burden of proof lies with the employer, and the court also examines whether the change was not merely feigned. On top of that you must watch the protected period, discussion with the employee representatives, the notice period and severance pay; and you may not recreate the abolished post for two months.
  4. How long is the notice period, and when does it start? The notice period is at least one month. If employment has lasted at least one year when notice is served, it increases to at least two months; for notice on organisational or health grounds after at least five years of employment, it is at least three months. The notice period always starts on the first day of the calendar month following service of notice.

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Mgr. Patrik Tulinský, LL.M. Czech and Slovak attorney · SAK 300422 · ČAK 19654

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