Immediate Termination of Employment

What immediate termination is and how it differs from ordinary notice

Immediate termination is a unilateral legal act by which the employment relationship ends on the day it is delivered to the other party, without any notice period. That is exactly why the Czech Labour Code allows it only exceptionally and for reasons listed exhaustively: for the employer in Section 55, for the employee in Section 56.

It differs from an ordinary notice of termination in three fundamental ways. First, the employment does not end after a notice period but immediately. Second, the range of permitted reasons is much narrower than for notice under Section 52. Third, courts scrutinize immediate terminations particularly strictly, because it is the harshest interference with an employment relationship. A large share of immediate terminations therefore do not survive court review.

The formal requirements are the same for both sides: an immediate termination must be in writing, otherwise it is disregarded entirely, and the reason must be described in enough factual detail that it cannot be confused with another one. The stated reason may not be changed later (Section 60 of the Labour Code).

When the employer may terminate immediately (Section 55)

An employer may immediately terminate the employment relationship in only two situations:

• ✓A final criminal conviction: you were finally convicted of an intentional criminal offense and sentenced to unconditional imprisonment for more than 1 year, or to an unconditional sentence of at least 6 months for an intentional offense committed while performing your work tasks or in direct connection with them.
• ✓An especially gross breach of duty: you breached a duty arising from the legal regulations relating to your work in an especially gross manner. The law does not define this term; the intensity of the breach is always assessed by the court. Case law typically includes theft or intentional damage to the employer's property, physical assault in the workplace, or prolonged unexcused absence.

Practice distinguishes three levels of breach intensity: less serious, serious, and especially gross. Only the highest level justifies immediate termination. If the intensity does not reach an especially gross breach, at most an ordinary notice under Section 52(g) comes into play, with a notice period.

In addition, an employer may not immediately terminate the employment of a pregnant employee, an employee on maternity leave, or an employee taking paternity or parental leave (Section 55(2) of the Labour Code).

When you as an employee may terminate immediately (Section 56)

The law also gives you the right to leave from one day to the next, again for only two reasons:

• ✓Health reasons: according to a medical assessment, you cannot continue performing your work without a serious risk to your health, and your employer did not enable you to perform other suitable work within 15 days of you submitting the assessment (Section 56(1)(a)).
• ✓Unpaid wages: your employer failed to pay your wage, salary, wage or salary compensation, or any part of it, within 15 days after it fell due (Section 56(1)(b)). Even an unpaid part of the wage is enough, for example bonuses required by law or holiday compensation.

If your immediate termination is justified, you are entitled to compensation from your employer equal to your average earnings for a period corresponding to the length of the notice period (Section 56(2) of the Labour Code), usually 2 months. You naturally also keep your claim to the outstanding wages and to payment for unused leave.

Deadlines: when the right to terminate immediately expires (Section 58)

Immediate termination cannot be used at any time. As an employee, you may terminate immediately only within 2 months from the day you learned of the reason (the subjective period), and no later than 1 year from the day the reason arose (the objective period). If you miss the deadline, the right lapses.

Since the flexible amendment to the Labour Code effective from 1 June 2025, the employer has longer periods: 3 months from the day it learned of the reason, and no later than 15 months from the day the reason arose. For reasons that arose before 1 June 2025, the original wording applies, i.e. 2 months and 1 year. If, within the subjective period, the employee's conduct becomes the subject of an investigation by another authority (for example the police), the employer may still terminate immediately within 3 months from the day it learned of the outcome of that investigation.

Case law also indicates that an employer should react to an especially gross breach quickly and without undue delay. An immediate termination delivered just before the deadline expires, weeks after the reason was discovered, weakens the employer's position in a potential court dispute.

Received an immediate termination? How to defend yourself

Immediate terminations are among the most frequently challenged ways of ending employment, because employers often fail to meet the conditions. I recommend proceeding in four steps:

If the court declares the termination invalid and you notified the employer in time that you insist on continued employment, you are entitled to compensation equal to your average earnings for the entire period during which the employer wrongfully failed to employ you (Section 69 of the Labour Code). If that period exceeds 6 months, the court may, at the employer's request, reasonably reduce the compensation for the further period.

Want to terminate immediately yourself? A practical procedure

If your employer owes you wages or keeps you working contrary to a medical assessment, I recommend first calculating the deadlines and preparing the evidence: your employment contract, payslips, bank statements, the medical assessment, written reminders. The immediate termination itself must be in writing, with a precisely described reason, and must be demonstrably delivered to the employer, ideally in person with confirmation of receipt, or by registered mail or data box.

Timing is crucial. With unpaid wages, you must wait until 15 days have passed from the statutory due date, and at the same time meet the 2 month subjective period. A mistimed or poorly drafted immediate termination can be challenged by the employer in court, and if the employer succeeds, it may in turn claim damages from you. Having an attorney review the document before you send it is a cheap insurance policy at this step.

After the employment ends, register with the Labour Office within 3 working days; your registration then applies retroactively from the first day without work and no gap arises in your health insurance. This does not affect your claim to compensation for the period corresponding to the notice period.

Frequently asked questions about immediate termination

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.

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