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. When am I entitled to severance pay, and how much? Statutory severance pay mainly applies when the employer terminates employment on organisational grounds (closure, relocation or redundancy) or health grounds. The amount increases with years of service, from one to four times average monthly earnings for termination by notice, or up to five times for termination by agreement. There is no statutory severance entitlement for dismissal for misconduct.
  2. How long can probation last, and how can employment end during it? Probation may last up to three months, or six for managerial employees directly reporting to the statutory body, and must be agreed in writing or is invalid. It cannot be extended. During probation, either employer or employee may terminate employment in writing for any reason or without giving a reason; notification should generally be served at least three days in advance.
  3. Is a post-employment non-compete clause valid, and must compensation be paid? Yes, but under strict conditions. A post-employment restriction may be agreed for a maximum of one year and only with an employee who could have acquired sensitive knowledge. The employer must pay at least 50% of average monthly earnings for each restricted month; without compensation, the clause is invalid. Any contractual penalty must not exceed the total compensation.
  4. What limits apply to work agreements outside an employment relationship? The Labour Code recognises three agreements outside an employment relationship. An agreement to perform a task is limited to 350 hours per calendar year, a work activity agreement to no more than 10 hours per week, and a student temporary work agreement to an average of 20 hours per week. Each must be in writing or is invalid. Ordinary agreements may be concluded for a maximum of 12 months; a special work activity agreement for seasonal work is limited to 520 hours per calendar year and may last no more than 8 months.

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

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