Terminating an employment contract by an employee by giving notice is the most common form of termination. This can occur in a number of situations – primarily when an employee simply wants to change their job and environment, but also in (individual) difficult situations – such as subjecting an employee to mobbing.
An employee who decides to end their employment with their employer can use a well-known option: termination of the contract. But how should this be structured, and what exactly does it entail? A termination notice is a unilateral declaration by the contracting party—in this case, the employee. It should be submitted in writing, so that the recipient can review it. At that point, it becomes effective, and the employee's notice period begins to run.
As we've repeatedly pointed out in our series, notice periods depend on the employee's length of service with a given employer. They are 2 weeks (for up to 6 months of service), 1 month (for at least 6 months of service), and 3 months (for at least 3 years of service).
The declaration of termination of the contract (commonly referred to as a notice of termination) should include:
- place and date,
- employer data and employee data,
- the date of the employment contract that is in force between the parties,
- a declaration of termination of the employment contract by notice and an indication of the expiry date of such notice,
- employee's signature,
- signature and date of receipt of the declaration by the employer.
It is worth mentioning that the law does not oblige an employee to indicate the reason for terminating employment – so he or she does not have to answer such questions.
After terminating the employment contract, the employee also has the option of agreeing with the employer on an earlier termination period – such an arrangement will not change the procedure for terminating the contract, but may be helpful if the employee wishes to transfer earlier to another employer.
Generally, such a notice is by far the simplest way to terminate an employment contract. However, in practice, somewhat more complex situations arise, involving serious breaches by the employer of fundamental obligations towards the employee. This allows the employee to submit a notice of termination without a notice period. It is worth emphasizing, however, that such a notice must clearly state the reason for termination—i.e., specify the breached obligation.
Termination without notice – as the name suggests – is an instrument that allows for the immediate termination of an employment relationship. However, it's important to remember that this method requires proper justification and preparation – gathering evidence (of course, if possible) confirming the employer's breach of duty. This is because, in the event of a lawsuit, we will be able to defend our case in court.
Finally, it's worth noting that an employee can also terminate their employment by mutual consent, provided the employer agrees. This allows for a shorter notice period or the adaptation of other important matters to their individual circumstances.
This article is for informational purposes only and does not constitute legal advice.
Legal status as of April 12, 2024
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