You can be given an hour’s notice by your employer for example if you are in gross breach of your duties. But did you know that you, as an employee, can also give immediate notice in certain cases? Specifically, if your employer has not paid you your wages or if you have lost your medical capacity to work.
The Labour Code provides that an employee can immediately terminate his/her employment if the employer has not paid him/her wages or for health reasons. However, immediate notice must be given within 2 months of the date on which the employee became aware of the reason for immediate termination, or at the latest within 1 year of the date on which the reason arose. Let’s take a closer look at both situations:
Immediate termination by the employee is possible if the employer has not paid the employee’s wages or salary or any part thereof within 15 days after the due date. The employer is obliged to pay the employee his wages for his work no later than in the calendar month following the month in which the employee became entitled to the wages or salary or any component thereof. This rule applies even if your employer has not paid only part of your wages (for example, night work allowances).
Has your employer failed to pay your wages?
Are you planning to resign immediately? With us, you can be sure that your notice will be valid and you will not lose anything you are entitled to under your employment contract. We will help you sort everything out in just two days, conveniently and online.
If you have worked the whole month of July, your employer must pay your wages by 31 August. If he fails to pay you, he is in breach of the employment contract and the law and you are entitled to immediate dismissal. However, you still have to wait 15 days after the due date to give notice. So in our example, you could not give immediate notice until 15 September.
In addition, there are also ways to get the wages owed. You can send a written notice to your employer with information about the amount owed and the period of time it was incurred. If that doesn’t work, you also have the option of filing a lawsuit, reporting it to the labor inspectorate, and applying to the labor office to satisfy the wage claim.
The law provides that an employee may give immediate notice of termination if, according to a medical opinion issued by an occupational health service provider or a decision of the competent administrative authority reviewing the medical opinion, he or she can no longer perform the work without serious risk to his or her health and the employer has not made it possible for him or her to perform other work suitable for him or her within 15 days from the date of submission of the medical opinion.
As the law implies, your employer should find you other suitable work if you are unfit. An example of this would be if the employee works in a manufacturing plant as a mechanic. However, due to a health problem with his spine, he loses his medical capacity to do physically demanding work. His employer therefore reassigns him to an administrative position in a warehouse where he can perform work that he is medically able to do.
Tip: Read what to expect from an occupational health check-up.
An important piece of information is that you are obliged to accept the reassignment in this case. Of course, you can give notice, but only a traditional notice (not immediate) and without severance pay.
Of course, it may also happen that your employer does not have another job for you, and this is the situation where you have the option of giving immediate notice. In addition, you are also entitled to a wage replacement equivalent to your average earnings once the medical report has been submitted. You are entitled to this until your employer reassigns you to another job or until your employment is terminated.
Tip: Read how to claim back pay and when you are entitled to it.
Immediate termination must be in writing. If you give it verbally, it is invalid. It is also a good idea to have it sent by registered post so that you have proof that your employer actually received it. It starts to take effect as soon as it is delivered to your employer. At the same time, your notice should contain certain information:
Tip: Don’t go into the deposition process alone, and instead get help from an Available Attorney. We guarantee you a flawless termination of employment by the employee under the Labor Code.
Employee identification:
Name and surname: Petra Malá
Date of birth: 5 March 1990
Place of residence: Květinová 456, 602 00 Brno
Employee identification number: 78901
Employer Identification:
Company name: XYZ a.s.
ID NO.: 87654321
Address: Komenského 10, 602 00 Brno
Formulation of reason for termination:
On the basis of the provisions of Section 56 of the Labour Code, I hereby give immediate notice of termination of employment. The reason for this is the non-payment of wages for the month of June 2024, in the amount of CZK 30,000, which should have been paid on 15 August 2024.
Date, place, signature:
Brno, 30 August 2024
Petra Malá
(signature)
If you give immediate notice, you are entitled to wage compensation equal to your average earnings for the period of notice. The standard notice period is two months, but if you have a longer notice period agreed in your contract, then this period applies.
An employee has the right to immediate notice if the employer fails to pay wages on time or if health reasons make it impossible to continue working. In the event of non-payment of wages, the employer must be given 15 days to resolve the situation after the due date. Termination for health reasons may be given on the basis of a medical report if the employer does not offer suitable alternative work within 15 days. Immediate notice must be in writing and must state the specific reason for giving it.
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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