Immediate termination of employment

This is an exceptional tool with narrow grounds — particularly where an employee has been finally convicted of an intentional criminal offence or has committed serious misconduct (§ 68 of the Labour Code). Not every disciplinary breach is serious; the court assesses the threshold according to the circumstances of the case, not the employer's perception. We therefore first assess whether the grounds withstand court scrutiny in every case.

Within two months of learning of the grounds, but no later than one year after they arose (§ 68(2) of the Labour Code). These are strict deadlines extinguishing the right — once expired, the grounds cannot be used for immediate termination, even if the breach actually occurred. That is why we ask about the date of discovery before the act itself at first contact.

No. The law requires immediate termination to be written, to specify the factual grounds so they cannot be confused with another, and to be served on the other party within the prescribed period — otherwise it is invalid. It expressly adds that the stated grounds may not subsequently be changed (§ 70 of the Labour Code). A general explanation such as 'gross misconduct' without describing the specific conduct is among the most common errors — the court reviews precisely the grounds stated in the document.

The law permits it in three situations (§ 69 of the Labour Code): if the employer has not paid wages, wage compensation, travel reimbursements, standby compensation or income compensation during temporary incapacity for work, or any part, within 15 days after the due date; if a medical opinion states that the employee cannot perform the work without seriously endangering their health and the employer has not transferred them to other suitable work within 15 days of receiving the opinion; and if their life or health is in immediate danger. A young employee may also terminate immediately if they cannot perform the work without endangering their morals (§ 69(2)). Employees also face a strict deadline — one month after learning of the grounds — and the document must be written and served. On valid immediate termination, they are entitled to compensation equal to average monthly earnings for a two-month notice period (§ 69(4)).

Sick leave itself does not prevent immediate termination — the protected period (§ 64 of the Labour Code) relates to notice. However, the law expressly prohibits immediate termination of a pregnant employee, employees on maternity, paternity or parental leave, a lone parent of a child under three, and an employee personally caring for a close person with a severe disability (§ 68(3)). For most of them, employment may at least be terminated on notice on the same grounds — but not during maternity or paternity leave. We therefore always check protected categories before service, not only in court.