Failure to Observe the Notice Period

Quick Overview

You cannot unilaterally shorten your notice period simply by stopping going to work. If you want to leave earlier, you ideally need a written agreement with your employer. Without it, your absence may be considered unexcused, and your employer may take action such as immediate termination of employment, claims for damages, or a negative performance review. In 2026, you’ll also need to take into account the current rules of the Labor Code following the “flexi-amendment,” particularly when calculating the start and end of the notice period.

Do you need to leave your job as soon as possible and don’t want to risk unnecessary penalties? Have a lawyer review your notice of termination or draft a termination agreement for you.

Simply not showing up for work isn’t actually that simple. First and foremost, you should try to reach an agreement with your employer. In such an agreement, you can arrange to terminate your employment as early as the same day or the following day. However, you have no legal right to such an agreement, and if your employer refuses to let you go by mutual agreement, you have no choice but to observe the two-month notice period.

The notice period is calculated according to the current version of the Labor Code. For notices of termination delivered after the “flexi-amendment” took effect, the notice period generally no longer begins on the first day of the following month, but rather on the day the notice is delivered. It typically lasts at least two months, unless otherwise specified by law or a written agreement. However, for older notices of termination delivered before the amendment took effect, the previous rules may still apply. Therefore, it is always important to verify the date of delivery of the notice and the wording of the employment contract.

During this period, the employee is required to perform their job duties, even if the notice process is already underway. The purpose of the standard notice period is to allow the employer to prepare for the employee’s departure, for example, by initiating a recruitment process to find a replacement. For the employee, this period provides time to look for a new job and secure financial stability while it lasts.

Checklist: What to Do If You Need to Leave Early

Before you decide not to show up for work, follow these steps, which can help you avoid a dispute with your employer:

• Propose a written agreement to your employer to terminate your employment on a specific date,
• Offer to hand over your responsibilities, train a colleague, or complete the most important tasks,
• verify whether you are eligible to take vacation or compensatory time off,
• review your employment contract, internal policies, and any liability agreements,
• do not leave without written communication, especially if you manage assets, clients, or contracts.

Do you want to send your employer a draft agreement but aren’t sure how to word it? We’ll prepare a concise and legally sound draft for you that will increase the chances of reaching an agreement while avoiding unnecessary liability.

If you want to avoid the notice period and simply stop showing up for work, you may expose yourself to the following risks:

Impact on Your Future Career

If you stop going to work, your employer may terminate your employment immediately. On the one hand, this may be your goal, but the problem is that it could be reflected in your employment reference. Not only might a new employer see this mention, but it could also complicate any dealings with the unemployment office if you apply for benefits.

In practice, it often turns out that the abrupt departure itself isn’t usually the biggest problem. The way it happens is usually worse. An employee who communicates in advance, hands over their responsibilities, and tries to reach an agreement is in a significantly better negotiating position than someone who simply stops responding and doesn’t show up for their shift. Even if the employer ultimately refuses to sign the agreement, written communication can later help you prove that you did not handle the situation arbitrarily.

Have you received a job offer that will help you advance both financially and professionally? Have you found a job right around the corner from where you live, so you won’t have to commute for an hour every day? Or do you simply can’t stand your current boss anymore? All of these are valid reasons to quit your job. How can you make sure everything goes smoothly and stress-free? We cover that in our article.

Compensation for Damages and Lost Profits

The greatest risk is liability for damages. Under the law, an employee is liable for damages caused by a culpable breach of their employment duties. A typical example is a situation where you fail to show up for work without an excuse, and as a result, the employer is unable to complete a specific order on time, for which the employer faces a contractual penalty.

The employer may then seek to recover this contractual penalty or other resulting damages from the employee. However, the employer must clearly prove a causal link (for example, that there was no colleague on site who could have replaced the absent employee). If the circumstances show that the absent employee intentionally prioritized other work and failed to observe the notice period, the employer could also claim lost profits.

Forfeiture of Vacation Pay

Generally, the employer is required to pay you for your vacation at the end of your employment. If you terminate the employment unilaterally, you will forfeit this benefit. It also applies that if an employee has worked fewer than 52 weeks,their vacation entitlementwill be reduced upon termination of employment. If an employee has worked for a full year—that is, 52 weeks— they are entitled to their full vacation entitlement, minus any vacation days already taken.

An employeeis entitled to a pro-rated portion of vacation leave if they have worked for the same employer for at least four weeks.

Summary

Failure to observe the notice period can be very costly for an employee. If you stop going to work after giving notice without reaching an agreement, you risk being marked as absent without leave, immediate termination of employment, a negative employment evaluation, and, in extreme cases, even liability for damages if the employer can prove specific harm and a connection to your actions. The safest approach is a written agreement on early termination of employment, approved vacation time, or another mutually agreed-upon solution. In 2026, it is also necessary to correctly determine the start and end of the notice period in accordance with the current version of the Labor Code and your specific employment contract. Whether it involves a sudden departure, damages, vacation time, or pressure from your employer, it’s worth having your plan reviewed in advance.

Do you want to leave your job early and avoid making a mistake? Contact us —we’ll draft an agreement for you, review your notice of termination, and advise you on how to minimize the risk of a dispute.