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Is it possible to change the length of the notice period?

The notice period is the period of time the employee still spends at work after giving notice. But what if you disagree with the length of the notice? Can you change it and make it shorter or longer? That’s what we look at in our article.

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Length of notice period

The statutory notice period begins on the first day of the month following receipt of 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.

The length of the notice period must be set in whole months. According to the Labour Code, it is at least 2 months, so it cannot be reduced below this limit. The only way to change its length is to extend the notice period . The extension of this period can be agreed in writing between the employee and the employer (typically in an employment contract), but care must be taken that the period must be the same for both parties for reasons of balance. This means that if it is agreed that the notice period will be three months or more, this applies to both the notice given by the employee and the notice given by the employer. It is not possible for these periods to be different.

Is it possible without a notice period?

You already have a new dream job, but there is one problem, they expect to start immediately, but you have 2 months notice period ahead of you. Is there any way around this? Of course, you can terminate the employment relationship without notice, for example by a severance agreement or by immediate termination. So if you agree with your employer and he agrees, you do not have to worry about the notice period. Immediate termination of employment is somewhat complicated, occurs in a different situation and stems mainly from the fact that one or the other party has breached the terms and conditions of employment or the contract. If your employer does not agree to the agreement, you can only hope that they will wait for you in your new job.

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? We’ve put together five tips for giving the right notice.

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When does the notice period start?

As we have already stated above, the notice period starts on the first day of the month following the month in which the notice is given. So if an employee gives notice on 1 January, it only runs from 1 February and therefore ends on the last day of March. However, if he gives notice only on the 15th or 30th of January, nothing changes for the commencement and running of the notice.

If notice is given and the notice period is due to expire during the so-called protection period (period of sick leave, pregnancy, maternity or parental leave, etc.) the notice period is extended by this protection period or expires after the end of this protection period. During this protection period, the employee cannot be dismissed and therefore the notice period cannot expire.

Leave during the notice period

During the notice period , leave may only be taken with the permission of the employer. The Labour Code does not exclude this, but it does not require it either. If you have completed all tasks and your absence will not create problems, you may be allowed to take leave. Some workers often take leave at the end of their employment to take a break before starting a new job. However, they should remember that if they do not spend the whole year in the job, their leave will be cut short. If they do not take leave or are not allowed to take leave, their employer must pay them in their final paycheck.

Every employee may be served with a notice of termination of employment one day. What can you claim and what should you do if you consider the notice to be unjustified? How to challenge a termination in court? We have covered this in our article.

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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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