Termination of Employment
Notice to an employee, termination agreement or immediate termination: the correct lawful process without the risk of an invalid dismissal.
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Ing. Mgr. Tomáš Beneš, attorney
Czech Bar Association reg. no. 20354 · Updated 22 July 2026
What I will handle for you
Terminating employment is a legal minefield. An invalid notice means paying lost wages for the entire duration of the dispute plus litigation costs. The correct process is essential.
- ✓Drafting notice on statutory grounds
- ✓Termination of employment by agreement
- ✓Immediate termination (serious breach of duties)
- ✓Notice on organisational grounds (redundancy)
- ✓Documenting an employee’s breach of duties
- ✓Representation in litigation over the validity of a notice
The most common employer mistakes when terminating employment
Employers most often go wrong at these moments: giving notice without a written justification or with too vague a ground, giving notice during a protected period (employee illness), failing to consult with the trade union, and incorrectly calculating severance pay. An invalid notice can cost a business lost wages for the entire duration of the dispute (typically a year or more). That is why I recommend consulting on every notice before serving it: the cost of a consultation is far lower than the cost of litigation.
How terminating employment works in practice
First we assess together which method of termination fits your case. Notice is a unilateral act, must be in writing, properly delivered, and based on one of the grounds listed in Section 52 of the Labour Code; a general statement such as "you are not meeting your tasks" is not enough, the ground must be factually specific enough that it cannot be confused with another. If a trade union operates at your business, discussing the notice with it is a statutory requirement (Section 61 of the Labour Code), and omitting this is among the most common formal errors that lead to a successful challenge by the employee.
A termination agreement (Section 49 of the Labour Code) is often a faster and lower-risk route: employment can end on any agreed date without a notice period, and the employer does not need a statutory ground. The employee will usually ask for severance pay in return, even where they would not otherwise be entitled to it, but in exchange you gain certainty without the risk of litigation. Immediate termination, by contrast, is a last resort: it is permitted only for a particularly serious breach of work discipline or a final conviction for an intentional criminal offence to an unconditional prison sentence of more than 1 year (at least 6 months for an offence committed while performing work tasks), and must take place within 3 months of the day you learned of the reason, and no later than 15 months after it arose (Section 58 of the Labour Code).
On notice given for organisational reasons (redundancy, or closure or relocation of the employer), the employee is entitled to severance pay under Section 67 of the Labour Code: at least one month's average earnings for employment shorter than a year, two months' for 1 to 2 years, and three months' for 2 or more years. Since 1 June 2025, the notice period also starts on the day the notice is delivered and ends on the day that numerically corresponds to it (Section 51(1) of the Labour Code); it can be extended by agreement but not shortened (Section 51(3)). If the notice nonetheless turns out to be invalid and the employee promptly stated that they insist on continued employment, they are entitled to lost wages for the entire duration of the dispute (Section 69 of the Labour Code), which is typically the most costly consequence of a poorly handled termination.
Typical situations businesses bring to me
- ✓Organisational changes or the closure of a position, where the notice and severance need to be set up correctly
- ✓An employee consistently underperforming and the business needing a legally safe notice process
- ✓An employee has seriously breached work discipline and the business is considering immediate termination
- ✓Both sides want to part ways amicably and are looking for the fastest route through an agreement
What to prepare before contacting me
- ✓The employment contract and any amendments for the employee concerned
- ✓Documentation of the reason: performance reviews, records of breaches of duty, an organisational chart if a position is being closed
- ✓Information on whether a trade union or works council operates at your business
- ✓Information on whether the employee is in a protected period (illness, pregnancy, maternity or parental leave)
I usually turn around a consultation on a planned notice within 48 hours, so you have certainty before handing the document to the employee.
Who will handle your case
Ing. Mgr. Tomáš Beneš
Attorney registered with the Czech Bar Association, based in Prague.
Law degree from Charles University. I focus on business law, real estate and employment disputes. I handle every case personally, no assistants.
More about me →How we will work together
Describe your case
Fill in a short form or send me an e-mail. A few sentences about what happened and what you need to resolve are enough.
Send your documents
Attach the relevant documents (contracts, correspondence, notice of termination…). I accept everything securely online.
We'll discuss it by phone
I will study your case and call you within 48 hours with a proposal for the specific next steps, including the price.
You'll receive the solution by e-mail
You will receive the contract, filing or legal analysis by e-mail. Everything is done quickly and without unnecessary meetings.
Price of the service
from CZK 4,390
indicative price · within 48 hours
- ✓Notice or termination agreement
- ✓Deadline check
- ✓Consultation
Need advice?
Describe your case. You will receive a concrete answer within 48 hours, completely free of charge.
Free consultation →Frequently asked questions: Termination of employment
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