Shrnutí: Once notice of termination has been given, both the employee and the employer may begin to regret the decision. For example, the employee’s planned start date at a new job may not work out, or the employer may offer better working conditions. The employer, in turn, may discover that there is no suitable replacement for the departing employee or that the reason for the termination no longer applies.
However, a notice of termination that has already been delivered cannot simply be “withdrawn” unilaterally. The Labor Code allows for its revocation only with the consent of the other party to the contract. Both the revocation of the notice of termination and the consent to it must be in writing.
Please consult with one of our attorneys who specializes in labor law to determine the appropriate course of action.
Tip: We’ve addressed the myths surrounding“termination by mutual agreement” in a separate blog post.
Notice of termination is a unilateral legal act. An employee may give notice for any reason or without stating a reason. An employer may terminate an employee’s employment only for one of the reasons provided by law.
The consent of the other party is not required for the notice of termination to take effect. What matters is that it is properly served. Therefore, the fact that an employer or employee signs the notice of termination does not necessarily mean that they agree with it. The signature may merely confirm receipt.
In contrast, an agreement to terminate an employment relationship is a bilateral legal act. In it, the employee and employer jointly agree on the date on which the employment relationship will end. The term “termination by mutual agreement,” which is sometimes used in everyday language, is not recognized by the Labor Code. It is either a unilateral notice of termination or a bilateral agreement to terminate the employment relationship.
Mr. Jan had been promised a new job starting on July 16, 2026. On April 15, 2026, he therefore submitted his notice of termination to his employer. In the notice, he stated that he was counting on a three-month notice period so that his current employment would end on July 15.
The employer accepted the notice but did not agree in writing to extend the notice period. Therefore, Mr. Jan’s declaration alone did not extend the notice period. Under current law, the notice period began on the date the notice was delivered—that is, April 15—and the standard two-month notice period ended on June 15, 2026.
As of June 1, 2025, the notice period generally does not begin on the first day of the following month, but rather on the very day the notice was delivered to the other party. It ends on the day that corresponds numerically to the date of delivery. The notice period may be extended or its calculation method altered by written agreement.
Mr. Jan could have agreed in writing with his employer on a longer notice period. Another option would be to withdraw the original notice of termination with the employer’s consent and, at the same time, enter into an agreement to terminate the employment relationship as of the desired date. However, a mere verbal assurance from a supervisor or a signature confirming receipt of the notice of termination is not sufficient to automatically change the notice period.
The decisive factor is whether the notice of termination has already been delivered to the other party. Until the notice of termination has been delivered, it does not produce the intended legal effects on the recipient. A written declaration of intent may also be revoked if the revocation reaches the recipient no later than at the same time as the original declaration.
However, once the employer or employee receives the notice of termination, its author cannot unilaterally withdraw it. According to the Labor Code, a delivered notice of termination may be revoked only with the consent of the other party. Both the revocation of the notice and the consent to it must be in writing.
The revocation must be resolved before the employment relationship ends. If the notice period has already expired and the employment relationship has ended, it cannot be retroactively reinstated simply by revoking the notice of termination. If the parties wish to continue their working relationship, they must establish a new employment relationship, typically through a new employment contract.
Neither the employer nor the employee is obligated to consent to the withdrawal of the notice of termination. Furthermore, they are not required to provide specific reasons for their refusal. The employer may have already hired a new employee, changed the organizational structure, or redistributed the work among other employees. The employee who was terminated by the employer, in turn, may have found other employment, and a return to the previous position may no longer be acceptable to them.
The same rules apply regardless of who issued the notice of termination:
The other party may also make its consent contingent on an agreement regarding new terms of employment. For example, an employee may request a pay raise, a change in job classification, or an adjustment to working hours. The employer, in turn, may request an agreement regarding a different scope of work or a change in the place of work.
The Labor Code expressly requires written form for both the withdrawal of the notice of termination itself and the other party’s consent. Therefore, one cannot safely rely on a verbal promise, a handshake, tearing up the document, or simply continuing to work.
Furthermore, tearing up or destroying the document does not , in and of itself, nullify the legal effects of a notice of termination that has already been served. Upon service, the notice of termination produced legal consequences regardless of whether a paper copy of it still exists later on. The destruction of a document may, in particular, cause problems with regard to evidence, but it does not replace a written revocation of the notice or written consent. Documents should also be verifiably delivered to the other party. Each party should retain its own copy or other proof of the documents’ content and delivery.
A somewhat far-fetched but not entirely unrealistic example could arise in a situation where an employer tears up a notice of termination based on the employee’s verbal revocation, but later realized that they had torn up a copy as a joke and still had the valid original notice on file. In such a case, the notice of termination would indeed remain valid, and not the employee’s revocation of it.
No matter how friendly your relationships are in the workplace, insist that any revocation of a termination notice follow the legally required form. This will contribute to legal certainty for both parties. If it is unclear whether the notice of termination has been validly revoked, do not hesitate to consult an attorney. Their advice could save you hundreds of thousands of crowns.
The law does not prescribe a specific form. However, the document must clearly state:
In practice, there are several ways to proceed.
For example, the employee writes that they are withdrawing their notice of termination dated April 15, 2026. The employer adds to the same document that they agree to the withdrawal and includes the date and signature.
This is usually the simplest solution, as a single document reflects both parties’ intention to continue the employment relationship.
The first document may contain a written withdrawal of the notice of termination. The other party then prepares a separate written consent. In such a case, it is important to be able to prove delivery of both documents and to ensure that their content leaves no doubt as to which notice of termination they pertain to.
The parties may enter into a joint written agreement stating that a specific notice of termination has been withdrawn and that the other party agrees to the withdrawal. At the same time, they may also amend other terms of employment. Upon withdrawal of the notice of termination, the employment relationship continues. It is therefore not necessary to enter into a new employment contract unless there is a change in its terms.
For notices of termination delivered on or after June 1, 2025, the notice period generally begins on the day the notice is delivered to the other party. It is typically at least two months. For certain notices of termination issued by the employer due to failure to meet statutory requirements for performing the job or due to a breach of employment duties, the notice period is at least one month.
The law also contains other special rules, such as those governing the transfer of rights and obligations to another employer. By written agreement, the employee and employer may extend the notice period or modify how it runs. However, the notice period and the manner in which it runs must, as a general rule, be agreed upon equally for both the employer and the employee, with exceptions provided for by law.
Withdrawal of a notice of termination does not in itself extend the notice period. If the other party agrees to the withdrawal, the notice no longer results in the termination of the employment relationship, and the employment relationship continues.
Even during the probationary period, it is not precluded to serve a standard notice of termination. If an employee or employer does serve a notice of termination, the same rules apply to its revocation as at any other time: the written consent of the other party is required.
In practice, however, a different legal concept is more commonly used during the probationary period: termination of employment during the probationary period. This is not a notice of termination. Both the employee and the employer may terminate the employment relationship during a validly agreed probationary period for any reason or without giving a reason. The termination must be in writing; otherwise, it is not valid. The employment relationship ends on the date the termination notice is delivered, unless a later date is specified in the document. However, the employer may not terminate the employment relationship in this manner during the first 14 calendar days of the employee’s temporary incapacity for work or quarantine.
The rule on revoking a notice of termination under Section 50(5) of the Labor Code does not directly apply to the termination of employment during the probationary period. If the employment relationship has already ended upon delivery of the termination notice, it cannot subsequently be reinstated simply by “withdrawing” the document. The parties must enter into a new employment contract.
If the notice of termination specified a later termination date and the employment relationship is still in effect, the parties should not rely on an informal verbal agreement. Any agreement to continue the employment relationship should be explicitly set forth in writing.
An employer sometimes persuades an employee to withdraw a notice of termination by promising a higher salary, a promotion, the option to work from home, or better working hours. An employee should not withdraw a notice of termination based solely on a verbal promise. It is advisable to document any changes to the terms of employment at the same time as the notice of termination is withdrawn and the employer gives its consent. The method of implementation depends on how the specific term was originally stipulated.
For example, if the salary amount is specified directly in the employment contract, changing it requires an agreement between both parties, typically in the form of a written amendment. If the employer unilaterally determines the salary through a pay statement, the employer should issue the employee a new pay statement. A change in the type of work, the place of work, or the agreed-upon number of working hours usually requires an agreement to amend the employment contract.
In practice, the withdrawal of a notice of termination can be made conditional on the promised changes being duly confirmed in writing at the same time. This allows the employee to avoid a situation where they refuse an offer of alternative work, but the employer subsequently fails to provide the conditions originally promised.
Not after the notice of termination has been delivered. An employee may withdraw it only with the employer’s written consent. The employer is not required to grant such consent.
Yes. Both the withdrawal of the notice of termination and the other party’s consent must be in writing. The safest approach is to prepare a single document signed by both the employee and the employer, or to ensure that two separate documents are delivered in a verifiable manner.
Yes, but only with the employee’s written consent. The employee is not required to consent to the dismissal, for example, if he or she has already found another job.
An employee’s notice period is generally at least two months. For notices of termination delivered on or after June 1, 2025, the notice period begins on the date of delivery to the employer and ends on the date corresponding to that date, unless otherwise validly agreed in writing.
Termination of employment during the probationary period is not a notice of termination, so the statutory rule regarding the revocation of a notice of termination does not apply to it. If the employment relationship has already ended upon delivery of the termination notice, the parties may continue their collaboration only on the basis of a newly established employment relationship.
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The laws are often written in a complex way and are almost impossible for a layperson to understand. I try to explain them on our blog in a way that everyone can understand.
The laws are often written in a complex way and are almost impossible for a layperson to understand. I try to explain them on our blog in a way that everyone can understand.
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