“You're fired. Pack your things and go home.” What about that? What are your defense options? And what if it is an invalid termination?
What Should a Notice Look Like?
An employer can only dismiss an employee for reasons established by law. These reasons are enumerated and specified in more detail in the Labor Code (§ 52), and are e.g.:
- the employer or part of it is terminated,
- the employer or part of it moves place,
- the employee becomes redundant,
- the employee is no longer allowed to work due to health reasons,
- the employee loses the medical capacity to perform his kind of work,
- the employee does not meet the legal requirements for the performance of the job,
- and other.
Employer may not fire an employee for reasons other than legal reasons. The notice must be in writing, otherwise it will not be considered at all. In some situations, termination by the employer is prohibited, e.g. when the employee is temporarily unable to work due to health reasons, or when the employee is pregnant or on maternity leave.
The employer should deliver the notice in writing to the employee (in person at the place of employment, or other permitted delivery methods).
“Will I avoid termination if I do not accept it (refuse to receive it)?” The answer is no. This is because the personal delivery is fulfilled (it is valid that the notice has been delivered), even if the employee refuses to receive the document. Therefore, the employer normally ensures the presence of two witnesses in advance, who in such a situation will sign a record of refusal to accept the statement. Delivery can also be made in another way, if this is not possible at the place of employment: to own hands, wherever the employee can be reached, through a postal service provider (at the address that the employee communicated to the employer in writing), a network or an electronic communications service; official data box.
When Does the Employment Relationship End After Receiving Notice?
The employment relationship ends with the expiration of the notice period. By law, this is at least 2 months, and it can only be extended based on the agreement of the employee and the employer. The notice period begins on the first day of the calendar month following delivery of the notice. Example: If an employee receives notice on 27 March, then the two-month notice period starts on 1 April and ends on 31 May.
When is a Notice Typically Invalid? Typically, this will be a situation where the legal reason for termination was not observed or actually fulfilled, or is not stated at all.
I Received a Void Notice, Does That Mean Nothing Happens Now? Does the Employment Continue? Beware, this is not automatic. If the employee does nothing after receiving the invalid notice, the employment will still end. If the employee does not object, the notice period ends as if the notice had been valid. This is why it is necessary to react quickly.
If the employee considers the termination invalid and wants to continue the employment relationship, he must notify the employer. The employee shall therefore in writing notify the employer, without undue delay after receiving the invalid notice, that he insists on continuing to employ him.
If the employer nevertheless considers the termination to be valid and insists that the employment relationship has ended, it is necessary to file a lawsuit to determine the invalidity of the termination of the employment relationship. The law sets a relatively short period of time: 2 months from the day when the employment relationship should have ended based on (invalid) termination. That is, upon expiry of the notice period. The claim must be delivered to the Court within this period.
As part of this procedure, reimbursement of wages can also be requested. The proceedings typically drag on for many months, sometimes years. The employee is often already working somewhere else by this time. At the same time, if he succeeds in the lawsuit and the Court declares the termination of the employment relationship invalid, the employee is entitled to wage compensation in the amount of average earnings from the day he notified the employer that he insists on further employment, until the time when the employer will allow the continuation of work or when a valid termination of the employment relationship is delivered.
Tips at the End - What to Watch Out For:
1. Be careful what you sign! You are obliged to accept the resignation and confirm acceptance with your signature (in writing: name, date of acceptance and signature). But you are not obliged to sign anything else - no agreements on termination of employment, no agreements on shortening the notice period, no wavers of severance pay etc.
2. If you were terminated for a discriminatory reason (or the reason stated in the termination is legitimate, but the "real" reason is discriminatory), the employer acted illegally. Even such termination of employment is not valid.
3. Watch the deadline for contesting the invalid notice in court - this deadline cannot be extended or excused.
If you have been given notice and have any doubts, we recommend you contact us. We will advise you on your legal options.
