Failure to comply with the notice period

You’ve found another job that requires you to start immediately. But you still have a notice period in your current job and your employer won’t shorten it? What are your options in this situation? One of them is undoubtedly to simply not come to work. But you have to take into account the unpleasant consequences.

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It’s actually not that easy to come to work. First of all, you should try to reach an agreement with your employer. In this agreement, you can arrange to terminate your employment on the same or next day. However, there is no right to this agreement and if your employer does not want to let you go, you have no choice but to comply with the two-month notice period.

The statutory notice period starts on the first day of the month after you receive the notice and ends on the last day of the month according to the terms of the contract. During this period, the employee is obliged to carry out his/her work tasks even if the termination process is already underway. The purpose of the standard notice period is to allow the employer to prepare for the departure of the employee, for example by launching a selection procedure to find a replacement. For the employee, the notice period then provides time to look for a new job and secure finances during the period of the notice.

If you want to avoid the notice period and simply do not come to work, you may expose yourself to the following risks:

Impacts on your future career

If you stop coming to work, your employer can terminate your employment immediately. On the one hand, this may be your goal, but the problem is that it may reflect on your employment record. Not only can a new employer see the mention, but it can also complicate any dealings you may have with the Jobcentre if you are claiming benefits.

Have you been offered a job that will advance you financially and professionally? Have you found a job around the corner from where you live where you won’t have to commute an hour every day? Or are you just not getting along with your current boss anymore? All of these are valid reasons to quit. How do you go about getting everything done properly and without stress? That’s what we covered in our article.

I want to give notice at work

We will advise you on how to proceed in the event of termination of employment, whether it is better not to terminate employment by agreement, protect your rights and help you get the maximum from your employer. We act quickly, efficiently, throughout the country. You will know the price in advance and you can pay after the service has been provided.

Have you been offered a job that will advance you financially and professionally? Have you found a job around the corner from where you live where you won’t have to commute an hour every day? Or are you just not getting along with your current boss anymore? All of these are valid reasons to quit. How do you go about getting everything done properly and without stress? This is discussed in our separate article.

Compensation for damages and lost profits

The biggest risk is liability for damages. Under the law, an employee is liable for damages caused by a culpable breach of his or her job duties. Typically, this may be a situation where you fail to show up for work without excuse and as a result, the employer fails to complete a particular job, for which they are liable to pay a contractual penalty.

This penalty or other damages incurred can then be enforced by the employer against the employee. However, the employer must clearly prove causation (for example, that there was no colleague on site to cover for the absent worker). If it can be shown from the circumstances that the absent worker preferred to do other work and did not comply with the notice period deliberately, the employer could also claim lost profits.

Forfeiture of leave

The rule is that your employer is obliged to pay you holiday pay at the end of your employment. By unilaterally terminating you will lose this bonus. However, if the employee has worked less than 52 weeks, they will have their holiday pay cut when they leave. If the employee has worked for a full year, i.e. 52 weeks, he/she is entitled to the full holiday entitlement less the holiday already taken.

A pro rata portion of the leave will be due if the employee has worked for the same employer for at least four weeks.

Not sure what the holiday entitlement is and when you are actually entitled to it? And what to do if your employer doesn’t want to recognise your holiday even though you have already paid for the trip? We have detailed the rules on how long and how much holiday you can take in our article.

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I want to give notice at work

We will advise you on how to proceed in the event of termination of employment, whether it is better not to terminate employment by agreement, protect your rights and help you get the maximum from your employer. We act quickly, efficiently, throughout the country. You will know the price in advance and you can pay after the service has been provided.

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Author of the article

JUDr. Ondřej Preuss, Ph.D.

Ondřej is the attorney who came up with the idea of providing legal services online. He's been earning his living through legal services for more than 10 years. He especially likes to help clients who may have given up hope in solving their legal issues at work, for example with real estate transfers or copyright licenses.

Education
  • Law, Ph.D, Pf UK in Prague
  • Law, L’université Nancy-II, Nancy
  • Law, Master’s degree (Mgr.), Pf UK in Prague
  • International Territorial Studies (Bc.), FSV UK in Prague

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