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?
There are several ways to end an employment relationship. When you give notice, you need to allow for a notice period, which is usually two months. However, your contract of employment may provide for a longer notice period. Before you start looking for and negotiating a new job, you should therefore read it again to see if it also contains a special agreement on the length of the notice period. This will then determine your time options for starting a new job. If they are looking for someone “starting immediately” in the advert, then you cannot meet their requirements. But try to convince them that you are worth waiting longer.
A notice period of any length starts on the day you serve it. After that, it normally lasts for two months.
Example: if you gave your notice on 30 June, then your employment would end on 30 August with the standard two months’ notice.
We will advise you on how to proceed with termination of employment, whether it is better not to terminate the employment relationship by agreement? Contact us. We will look after your rights for you and help you get the most from your employer.
Your employment contract (or a successor agreement) may also prohibit you from working for a competitor because of a non-compete clause. Typically, this is an agreement not to engage in any gainful activity that is identical to, or competitive with, your current employer’s business for a certain period of time (but no longer than one year) after your employment ends. This prevents the misuse of know-how. However, in return, you should also have an appropriate financial compensation agreed with your employer to compensate you for the entire period of ‘non-competition’. Check whether your contract contains something similar.
Remember to also check whether your contract of employment contains any other specific terms, such as requirements for requesting termination or a specific form of notice.
A new job is an offer that is not seriously refused? A job you would be willing to kill for, and you just can’t wait two months? Then there’s another option, which is to make a deal: try to convince your current boss to terminate your employment by agreeing a notice period of, say, one month. For example, you can promise him that you will be able to do everything you need to do in a month and hand over the work to your new colleague later, even in your own time. This might persuade him to be more helpful. In theory, however, it is possible to agree on any termination date, even on the day you sign the agreement.
Tip: You also do not have to wait for the expiry of the notice period to terminate your employment during the probationary period. A probationary termination has no further notice period and the employment relationship ends simply upon delivery. Find out how much leave you can take when you give notice. And if you’re the employer, remember that the most reliable way to serve notice on an employee is by handing it to them.
Perhaps you’re considering another option we haven’t mentioned yet: what if you no longer arrive at your current job? Your new job told you that they really need you right away and don’t mind if you violate your duties at your current employer, get a negative evaluation, or get fired for an hour? Know that these aren’t the only risks of doing so.
If you do decide to terminate your employment, a termination form can help provide you with a basic structure for writing an agreement or resignation letter.
By failing to comply with the notice period, you will be in breach of your employment obligations and risk your employer claiming damages from you. If you work as a shop assistant, this could be, for example, lost profits for days when your employer had to keep the shop closed. Is that new, wonderful job really worth the risk of having to replace tens or even hundreds of thousands of crowns?
Giving notice on the last day of the month is no longer essential, as the notice period starts from the date of service. However, we recommend that you give your notice with time to spare – for example, a few days before the end of the month – to ensure that it actually reaches your employer.
But if you really can’t get the boss at work, don’t despair. Your notice will be valid even if you hand it in on the day in question, for example, at your employer’s mailroom or by sending it via data mail. On the other hand, if you send in your notice, the postmark of when the letter was filed won’t save you. The notice period only starts from the day after the letter is received.
If you’re wondering how to write your notice so that your employer cannot dispute it, you can take inspiration from online notice templates or contact our attorney to work with you to prepare your termination request.
Tip: If your current employer has offered you more attractive terms and you are now unsure whether or not to resign, it is better to resign anyway. It is usually possible to rescind your notice by agreement, so you don’t lose anything and can move on.
It is ideal to give your notice in person and have your supervisor acknowledge receipt of the notice so that you can prove receipt in the event of any conflict. But what if your boss or your boss’s boss didn’t arrive at work on the day you planned to give your notice because he or she is sick? Or he or she is at work but doesn’t want to sign the notice?
You don’t have to hand in your notice directly to your line manager, depending on the organisation and operation of your company, you can just go to the mailroom and have it acknowledged here, or you can hand in your notice to the HR department.
You can also deliver the notice by post to the workplace address, by registered post with acknowledgement of receipt (never as an ordinary letter, for which you will not have proof of posting). You will have irrefutable proof in your hand that you have actually sent it. The delivery of documents under the new Civil Code brings several changes – for example, the fiction of delivery, where a document is deemed to have been delivered even if the addressee does not accept it. Remember, however, that the notice period is calculated only from the date of delivery.
Sending and delivering by e-mail may also be a valid option. However, please note that such a notice would only have legal effect if signed with a recognised certified electronic signature.
And finally, the most important thing. Prepare your notice in such a way that it cannot be faulted and that the references in it are to the correct sections and the applicable Labour Code. When giving your notice, the question often arises as to how to write your notice so that it meets all the legal requirements. If you are unsure, you can always use the downloadable model notice.
If your notice is invalid for some reason and your employer has told you that they insist that you continue to do your job, the employment relationship will not end. And, as we mentioned above, if you still did not go to work after such a notice from your employer, he or she could still claim compensation for the damages incurred. For this reason , we do not recommend using downloadable notice templates on the internet, which risk being out of date and invalidating your notice. If you are unsure what your notice should look like to ensure it meets all the requirements, don’t panic and contact a solicitor to prepare a notice tailored to your requirements.
The employee’s notice must always be in writing with a handwritten signature. It is therefore not enough to simply go to your current employer and verbally tell them that you are quitting. Such notice would not be taken into account at all.
Unlike your employer, who must always give a precise reason for your resignation, you can give notice for any reason or for no reason at all. It must be clear when it is given and by whom, and to whom it is addressed.
Whether you use a template termination request or prepare your own notice, always remember that a carefully drafted document can save time and unnecessary hassle.
Note to employers: the delivery of documents under the new Civil Code has undergone several changes that may affect the delivery of the notice. If the employer does not properly handle the service of documents under the new Civil Code, the notice may be invalid. The new rules on service of documents under the new Civil Code also regulate in particular situations where the employee refuses to accept the notice. If you want to dismiss an employee, consult the terms with our lawyer.
Handing in your notice is a crucial step that can affect your future career. Be sure to thoroughly review your employment contract beforehand so you know the length of notice period and any restrictions, such as a competing clause. If you are in a hurry, you can try to negotiate a shorter notice period by agreement. When giving notice, avoid the last day of the month, make sure you get proof of delivery and make sure the document is formally correct. Using an up-to-date notice template can be a practical help, but it is always worth consulting a professional if you are unsure. A properly prepared notice will help you to end your employment smoothly and without unnecessary complications.
You must give notice of termination to your employer in a verifiable manner. Most often, the notice of termination of employment is handed over in person with a receipt or sent by registered letter with acknowledgement of receipt. Delivery of the notice to the employer by post is only valid when it is actually received by the employer (or when there is a so-called ‘fiction of delivery’). You can also deliver the notice electronically, but only if it is signed with a recognised electronic signature.
Yes, it is possible to deliver a notice by email if the notice is signed with a recognised electronic signature. An ordinary e-mail without a certified signature has no legal effect. If you are not sure whether your employer has a working data box or an electronic signature, you should opt for traditional delivery of the notice to your employer by post or in person to avoid any doubts about its validity.
The new Civil Code provides that documents (e.g. a notice of termination of employment contract or a decision on termination of employment) are deemed to have been delivered even if the addressee refuses to accept them or fails to collect them within the storage period – the so-called fiction of delivery. This regulation protects both the employer and the employee and is important to take into account when giving and receiving notices.
If the employee refuses to accept the notice, for example when handing it over in person, the Civil Code states that the notice is deemed to have been delivered at the time of refusal. The employer should draw up a record of this refusal (signed by a witness). If the employee receives the notice by post, it is deemed to have been served after the expiry of the storage period of the mail.
If you want to dismiss an employee, the notice must be in writing and state the legal reason under Section 52 of the Labour Code. The notice must be delivered to the employee in person at the workplace or by post with delivery note. It is advisable to have proof of receipt or to use the fiction of service under the new Civil Code if the employee refuses to accept.
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.
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.
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