Termination of an employment contract without notice is also known as immediate termination, as it results in the immediate termination of the employment relationship. This notice, like any declaration by the employer to terminate the employment relationship, must be in writing and specify the reasons for the termination. This type of termination can apply to any type of employment contract, but exceptional reasons must exist, and the party terminating the employment contract must meet the conditions specified in the employment code.
Pursuant to the provisions of the Labor Code (Article 53 of the Labor Code), in certain situations, an employer may terminate an employee's employment contract without notice, even though the employee has not committed a serious breach of employment duties, has not committed a crime and has not lost any rights.
This happens when, despite the employee's lack of fault, his or her absence from work is too long or persistent .
The employer has the right to terminate the employee's employment contract without notice without the employee's fault in the following cases:
- if the employee is unable to work due to an illness lasting longer than 3 months – if the employee has been employed for less than 6 months,
- if the employee is unable to work due to an illness lasting longer than the total period of receiving remuneration and sickness benefits (182 days or 270 days in the case of tuberculosis) and receiving rehabilitation benefits for the first 3 months - if the employee has been employed for at least 6 months or if the incapacity for work was caused by an accident at work or an occupational disease,
- if the excused absence from work, for reasons other than those mentioned above, lasts longer than 1 month.
However, the employer will not be able to terminate the employee's employment contract without notice if the employee:
- is absent from work due to childcare – while receiving benefits in this respect,
- is isolated due to an infectious disease - while receiving remuneration and benefits on this account.
An employer also cannot terminate a contract without notice if the employee reports to work after the reason for their absence has ceased. The Labor Code also requires employers to, if possible, rehire an employee who reports to work within six months of the termination of the employment contract without notice after the reasons for their absence have ceased.
Termination of an employment contract without notice results in the immediate termination of the employment relationship. However, the employee may appeal to the appropriate labor court, and if the court's ruling reinstates them to their previous position, they are entitled to compensation for the period of unemployment, but not more than three months and not less than one month.
If you do not want to expose yourself to unnecessary legal costs, in case of doubts regarding the termination of an employee's employment contract, it is worth contacting a law firm on this matter.
This article is for informational purposes only and does not constitute legal advice.
Legal status as of March 28, 2024
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