i.e. about the employer's obligations and the employee's rights
Terminating an employment contract immediately due to the employee's fault is commonly referred to as "disciplinary dismissal." This type of termination is regulated by Article 52 of the Labor Code. Terminating a contract without notice is exceptional because it involves a serious breach of the employee's basic employment obligations.
Pursuant to Article 52 § 1 of the Labor Code, the employer may terminate the employment contract without notice due to the employee's fault in the event of:
- serious breach by the employee of basic employment duties;
- the employee commits a crime during the term of the employment contract that prevents further employment in the position held, if the crime is obvious or has been confirmed by a final judgment;
- loss of the rights necessary to perform work in the position held due to the employee's fault.
The Labour Code does not specify the concept of culpable breach of employee duties, but the case law does not raise any doubts that the degree of the employee's fault (intentional or gross negligence), its intensity and severity should be taken into account.
Precise definition of the reason for termination
In the employment termination notice, the employer is obligated to specify the reasons for the disciplinary dismissal and precisely identify the evidence confirming the employee's grave misconduct. It should be emphasized that, according to established case law, this reason must be specific and precise enough to allow the employee to effectively defend their rights in the event of a potential lawsuit. Furthermore, the stated reason must be understandable to the employee.
It should be emphasized that if an employer identifies multiple reasons for terminating an employment contract and the Court (during the judicial proceedings) finds one of them invalid, this does not invalidate the disciplinary dismissal. It is sufficient to recognize at least one of the reasons for terminating the contract as valid for the termination to be valid.
Deadline limitation
However, an employer cannot terminate an employee's employment contract in this manner after one month from the date the employee becomes aware of the circumstances justifying disciplinary dismissal. Furthermore, a "disciplinary" dismissal does not have to be preceded by a warning or disciplinary penalty, and the employer is not obligated to hear the employee.
The moment of termination of the employment relationship
An employer's declaration of intent to terminate an employment contract without notice, made to an employee, should be considered effective when it is made in such a way that the employee has the opportunity to become familiar with its content, for example, when the employee, having a realistic opportunity to become familiar with its content, voluntarily chooses not to accept the postal item containing the declaration. This moment should also be considered the termination of the employment relationship.
Circumstances justifying the termination
According to the Supreme Court's case law, the following circumstances constitute grounds for terminating a contract without notice due to the employee's fault:
- intoxication or consumption of alcohol by the employee,
- misappropriation of employer's property,
- unjustified absence from work,
- refusal by an employee to perform activities covered by the employment relationship.
Article 30 §§ 3–5 of the Labor Code applies to termination of an employment contract without notice due to the employee's fault. The employer's declaration must be submitted in writing.
Notice of cancellation
A dismissed employee should be informed of their right to appeal to a labor court within 21 days of receiving the notice of termination. Failure to do so constitutes grounds for reinstating the employee's deadline for filing an appeal, which also extends the period of uncertainty for the employer.
Due to the consequences of terminating an employment contract, the legislator has imposed a number of obligations on employers to ensure that this institution is not abused and is therefore used only in justified cases. Therefore, in the event of termination of employment, the employer is required to provide notice within one month of the occurrence (or learning) of the circumstances justifying termination, to provide a specific reason, and to provide sufficient notice to the employee.
In case of doubts as to the reasons justifying the termination of an employment contract without notice due to the employee's fault, please contact our Law Firm.
This article is for informational purposes only and does not constitute legal advice.
Legal status as of March 19, 2024
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