HW Legal
"You're fired. Pack your things and go home." What can you do? What options do you have to protect your rights? And what if the dismissal is invalid?
What should a valid notice of termination look like?
An employer may terminate an employee's employment only on statutory grounds. These grounds are exhaustively listed and defined in the Czech Labour Code (Section 52) and include, among others:
- the employer or part of the employer is being dissolved;
- the employer or part of the employer is being relocated;
- the employee has become redundant;
- the employee is no longer medically fit to perform the work;
- the employee has lost the required health capacity to perform the job;
- the employee no longer meets the legal requirements for performing the work; and
- other statutory grounds.
An employer may not terminate employment for reasons other than those prescribed by law.
The notice of termination must be in writing. Otherwise, it is disregarded entirely.
In certain situations, an employer is prohibited from giving notice, for example during an employee's temporary incapacity for work or while an employee is pregnant or on maternity leave.
The employer should deliver the written notice to the employee personally at the employer's premises or by another legally permitted method of service.
"Can I avoid dismissal by refusing to accept the notice?"
No.
A notice is considered properly delivered even if the employee refuses to accept it.
For this reason, employers often arrange for two witnesses to be present, who can subsequently confirm that the employee refused to accept the notice.
If personal delivery is not possible, notice may also be served by other legally permitted means, including:
- personal delivery wherever the employee can be reached;
- registered postal service to an address previously provided by the employee;
- electronic communication services; or
- a data mailbox.
When does employment end after receiving notice?
Employment ends upon expiry of the notice period.
Under Czech law, the notice period is at least two months. It may be extended only by agreement between the employer and the employee.
The notice period begins on the date the notice is delivered. It no longer begins on the first day of the following month, as was the case before the legislative amendment effective from 2025.
The notice period ends on the day bearing the same calendar date as the date on which the notice was delivered.
Example
If an employee receives notice on 27 March, the two-month notice period begins on that date and ends on 27 May.
When is a dismissal typically invalid?
A dismissal is most commonly invalid where:
- the statutory ground for dismissal does not exist in reality;
- the statutory requirements for that ground have not been satisfied; or
- no lawful ground is stated at all.
If the dismissal is invalid, does that mean nothing happens and employment simply continues?
No. This is a common misconception.
If an employee receives an invalid notice of termination and does nothing, the employment relationship will nevertheless end.
Unless the employee actively challenges the dismissal, employment will terminate upon expiry of the notice period as though the dismissal had been valid.
Prompt action is therefore essential.
If the employee believes the dismissal is invalid and wishes to continue the employment relationship, they must notify the employer accordingly.
Specifically, the employee should inform the employer in writing, without undue delay after receiving the notice, that they insist on continuing to be employed.
If the employer nevertheless maintains that the dismissal is valid and that employment has ended, the employee must bring a court claim seeking a declaration that the termination of employment is invalid.
The statutory time limit is relatively short: the claim must be filed within two months from the date on which the employment relationship was supposed to end under the disputed notice, i.e. upon expiry of the notice period.
The claim must be delivered to the court within that period.
Compensation during litigation
In proceedings challenging an invalid dismissal, the employee may also claim compensation for lost wages.
Such proceedings often take many months and sometimes several years. During that time, the employee may already be working elsewhere.
However, if the employee succeeds in the litigation, they are entitled to compensation equal to their average earnings from the date they informed the employer that they insisted on continued employment until either:
- the employer allows them to return to work; or
- the employment relationship is validly terminated.
Practical tips
1. Be careful what you sign
You are required to accept delivery of the notice and acknowledge receipt by signing for it (typically by adding your name, date, and signature).
However, you are not required to sign anything else.
In particular, you do not have to sign:
- a mutual termination agreement;
- an agreement shortening the notice period; or
- any other document presented together with the notice.
2. Discriminatory dismissals are unlawful
If the dismissal was motivated by discrimination, the employer acted unlawfully.
This remains true even if the reason stated in the notice appears legitimate but the real reason is discriminatory.
Such a termination of employment is invalid.
3. Do not miss the court deadline
The two-month deadline for challenging an invalid dismissal in court is strict.
It cannot be extended or waived.
Need advice?
If you have received a notice of termination and have any doubts about its validity, we strongly recommend seeking advice from an experienced employment lawyer as soon as possible.