For serious misconduct, you may give notice straight away or terminate immediately. For less serious misconduct, notice is possible only if the employee received a written warning of possible dismissal in connection with misconduct within the last six months. Give notice within two months of learning of the breach and no later than one year after it occurred; before service, inform the employee of the grounds and allow a response. The warning must describe specific conduct, expressly mention possible dismissal and be provably served.
Late arrivals, ignored instructions and unrecorded departures: the employer tolerates them for months, then wants to dismiss the employee. The Labour Code (Act No. 311/2001 Coll.) allows this, but a valid dismissal requires paperwork that should have been prepared at the first breach.
Less serious or serious misconduct
An employer may give an employee notice only on grounds where […] there are reasons for which the employer could terminate employment immediately, or for a less serious breach of work discipline; notice for a less serious breach may be given if, within the last six months, the employee was warned in writing of possible dismissal in connection with a breach of work discipline.
— Section 63(1) of the Labour Code (unofficial English translation)
The law does not define severity; it is assessed by the nature of the work, consequences, degree of fault and the employee’s previous conduct. Theft, assault, working under the influence of alcohol or several days of unauthorised absence are generally serious breaches that may justify immediate termination under Section 68. We discuss this in immediate termination by the employer. An isolated late arrival is usually less serious; where uncertain, anticipate the court taking a stricter view.
Discipline extends beyond workplace rules. Employees must comply with legal and other regulations applicable to their work if properly acquainted with them (Section 81(c)), and the employer must explain workplace rules and regulations at the start of employment (Section 47(2)). Relying in court on a breach of a rule the employee did not know is difficult.
How to draft the warning
The warning must do three things. It describes specific conduct, including the date, place and duty breached; a general “you repeatedly breach discipline” is insufficient. It expressly states that another breach may lead to notice of dismissal; without that sentence, it does not meet the statutory condition. And it is provably served: preferably personally against a dated signature, with a record and witness signatures if receipt is refused, otherwise by post for personal delivery.
A warning is neither a penalty nor a dismissal, and the employee cannot “reject” it; retain it in the personnel file with proof of service. Document every further breach in the same way. For dismissal, you will need a warning from the last six months and a new breach occurring after it.
The decisive deadlines
For a breach of work discipline or a reason permitting immediate termination, the employer may give notice only within two months of learning of the grounds and, for misconduct abroad, also within two months after the employee returns from abroad, but always no later than one year after the grounds arose.
— Section 63(4) of the Labour Code (unofficial English translation)
Once these periods expire, the right to give notice is extinguished, and the court considers this of its own motion (Section 36). The two-month period generally starts when the supervisor learns of the breach, not when the matter reaches HR. The warning also has a time window: it must date from the six months before service of notice.
Before serving notice, you must inform the employee of the grounds and allow them to respond (Section 63(6)). If employee representatives operate in the workplace, consult them in advance (Section 74). The duty to offer other suitable work does not apply to dismissal for misconduct (Section 63(2)). Describe the specific latest breach in the notice and refer to the warning served; the grounds cannot be changed later.
When the requirements are not met
A missing or generic warning, missed deadline, failure to consult or grounds described in a single sentence lead to invalidity claims and the risk of wage compensation. We discuss the court’s examination in an employee challenges dismissal in court. The prohibition on notice during a protected period applies only partly to less serious misconduct: an employee on sick leave is not protected, but a pregnant employee and parents on maternity, paternity or parental leave are (Section 64(3)(c)).
How we can help
We structure the process from the first breach to dismissal and prepare a warning that withstands scrutiny through our problem employee service. We prepare the notice itself through termination of employment by notice. We keep warning, workplace rule and dismissal templates current through ongoing employment documentation support.
This answer provides general information on the law as at 5 September 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.
