Shrnutí: Any employee may find themselves receiving a notice of termination on a particularly unpleasant day. What can you demand, and how should you proceed if you believe the termination is unjustified?
Shrnutí: Any employee may find themselves receiving a notice of termination on a particularly unpleasant day. What can you demand, and how should you proceed if you believe the termination is unjustified?
If an employer terminates the employment relationship invalidly, the employee may demand that the employer continue to employ them. However, the employee must notify the employer in writing that they insist on continued employment. In such a case, the employment relationship continues, and the employee may also be entitled to compensation for lost wages in the event of an invalid termination. This compensation is equal to the employee’s average earnings from the date they notified the employer that they insist on continued employment until the employer allows them to resume work or until the employment relationship is validly terminated. Compensation for a period exceeding six months may be reasonably reduced by a court at the employer’s request, provided the statutory conditions are met. For example, if an employee with an average monthly earnings of 30,000 CZK were unable to work for an entire year due to an invalid termination, the wage compensation could amount to 360,000 CZK. However, the specific amount depends on the circumstances of the case.
An employee may assert the above claims if the employer unjustifiably terminates the employment relationship. This may even involve a minor error in the notice of termination.
We have already handled a case where the employer incorrectly specified the reason for termination, and even the witnesses in court failed to prove the alleged misconduct by the employee. Nevertheless, the employer prolonged the court proceedings and filed appeals. As a result, the amount the employee could claim as compensation for lost wages due to the invalid termination increased, reaching the order of hundreds of thousands of crowns. This was not severance pay, but rather a claim related to the invalid termination of employment.
A termination agreement can also be challenged in court under certain legal conditions. A termination agreement differs from a notice of termination in that both the employee and the employer must agree to the termination of the employment relationship. However, if, for example, it was entered into under unlawful duress or suffers from another defect rendering it invalid, the affected party may seek a declaration of invalidity. The lawsuit must be filed no later than two months from the date on which the employment relationship was supposed to end according to the agreement. In the case of an invalid agreement, the employee’s right to compensation for lost wages or salary is assessed in the same manner as in the case of an invalid termination by the employer. The term “termination by mutual agreement” is incorrect, as termination and mutual agreement represent two distinct methods of terminating an employment relationship.
Tip: There aren’t many situations in which an employer can terminate an employee’s employment. One such scenario is termination for organizational reasons. What if your employer fires you, ostensibly eliminates your position, and then immediately creates it again and fills it with someone else?
When you quit your job, we can help you defend yourself against your employer’s actions and make sure you get everything you’re entitled to from them. This includes, for example, any wages or severance pay you are owed. We provide assistance throughout the country and at a predetermined price.
The Labor Code specifies how an employee must proceed if they disagree with the termination of their employment. The procedure is the same whether the termination occurs during the probationary period, involves a notice period, or is an immediate termination. The founder of our service, Ondřej Preuss, also spoke with Czech Television about how to proceed in such a situation.
If you are trying to defend yourself against an invalid termination, it is important to notify your employer in writing that you insist on continuing your employment. This notification is crucial for the continuation of the employment relationship and your entitlement to back pay. If the employee does not insist on continued employment, the law stipulates that the employment relationship will end by mutual agreement, unless another date is agreed upon in writing. In the case of an invalid notice of termination, the employment relationship ends upon the expiration of the notice period; in the case of an invalid immediate termination or termination during the probationary period, it ends on the date the employment relationship was supposed to end. In the latter two cases, the employee may be entitled to compensation for wages for a period corresponding to the notice period. However, simply notifying the employer does not replace a lawsuit to declare the termination of employment invalid, which must be filed within the statutory time limit.
If, despite such notice, the employer continues to insist that the termination is justified and does not allow the employee to perform their job, it will be up to the employee to file a lawsuit in court.
If you wish to challenge the termination in court, you must file a lawsuit seeking a declaration that the termination of employment is invalid no later than two months from the date on which the employment relationship was supposed to end. In the case of termination with notice, this is generally the day the notice period expires, whereas in the case of immediate termination, termination during the probationary period, or termination by mutual agreement, the deadline is calculated from the date on which the employment relationship was supposed to end in the relevant manner. This is a strict deadline, and failure to meet it cannot be excused. Therefore, it is not enough to simply write to the employer stating that you disagree with the termination. For a legal dispute regarding the invalidity of the termination, the timely filing of a lawsuit with the appropriate court is crucial.
An employer may also challenge the validity of a termination in court if the employee terminated the employment relationship invalidly. If the employer notifies the employee in writing without undue delay that it insists on the employee continuing to perform work, the employment relationship remains in effect. If the employee fails to report to work despite this request, the employer may seek compensation for the damages incurred as a result, under the conditions set forth in the Labor Code. However, if the employer does not insist on the employee’s continued performance of work, the employment relationship is deemed terminated by mutual agreement under the conditions prescribed by law, and the employer cannot claim compensation for damages solely on the grounds of an invalid termination of the employment relationship. Therefore, when submitting your own notice of termination, we recommend adhering to the written form, proper delivery, and other legal requirements.
If you are planning to resign from your job and need advice on how to avoid unnecessary mistakes, the attorneys at Dostupný advokát will be happy to assist you in such a situation.
Tip: 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 go about it so that everything goes smoothly and without stress?
If you believe you have received an invalid termination notice, first notify your employer in writing that you insist on continuing your employment. If your employer does not acknowledge the notice of termination as invalid, you may take the matter to court. A lawsuit challenging the validity of the notice of termination must be filed no later than two months from the date the employment relationship was supposed to end. Simply notifying your employer does not satisfy this deadline.
The deadline for challenging a termination in court is two months from the date the employment relationship was supposed to end. In the case of termination, this period is generally calculated from the last day of the notice period. This is a strict deadline, and failure to meet it cannot be excused. If you do not file a lawsuit in time, you can no longer successfully seek a declaration that the termination of employment is invalid.
Entitlement to wage compensation in the event of an invalid termination arises under the conditions set forth by law if you notify the employer in writing that you insist on continuing your employment, and the employer does not allow you to continue working. Compensation is provided in the amount of your average earnings until you are allowed to return to work or until the employment relationship ends validly. If the total period exceeds six months, the court may, at the employer’s request, reasonably reduce the compensation for the subsequent period.
A lawsuit seeking to invalidate a termination must include the name of the court, the identification of the employee and the employer, a description of the relevant facts, a list of evidence, and a request that the court declare the termination of employment invalid. It is advisable to attach the employment contract, the notice of termination, correspondence with the employer, and other relevant documents. A generic complaint seeking to invalidate a termination—such as a template—may not cover all the circumstances of a specific case; therefore, it is advisable to have its content reviewed by a lawyer before filing.
Yes, during a legal dispute over the invalidity of a termination, you may work for another employer under certain conditions. Simply starting a new job does not automatically mean that you have waived your right to seek a declaration of the termination’s invalidity or to claim back pay. However, the new job may be a factor in determining the amount of back pay, particularly if the court, at the employer’s request, decides to reduce the amount for a period exceeding six months. It is also important to comply with any obligations arising from your ongoing employment relationship.
When you quit your job, we can help you defend yourself against your employer’s actions and make sure you get everything you’re entitled to from them. This includes, for example, any wages or severance pay you are owed. We provide assistance throughout the country and at a predetermined price.
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 15 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.
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 15 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.
We’ll review your case and suggest how to resolve it for CZK 690.
In person and online. Just choose the appropriate service or opt for an independent consultation when you are unsure.
