The employment relationship may be terminated
- by bilateral agreement on termination of employment,
- unilaterally by the worker or the employer:
- by notice (of termination),
- by immediate cancellation, or
- by cancellation during the trial period.
These legal proceedings must always be in writing.
An employment relationship for a fixed period of time ends upon the expiry of the agreed period of its duration (in addition, the employment relationship may be terminated in all the above-mentioned ways).
By law, the employment of a foreigner or a stateless natural person terminates, unless it has terminated in another way, on the day on which their stay in the Czech Republic is to end according to an enforceable decision on the revocation of the residence permit, or on the day on which a judgment imposing on such person the penalty of expulsion from the territory of the Czech Republic came into legal force, or on the expiration of the period for which an employment permit, employment card or long-term residence permit was issued for the purpose of performing employment requiring high qualifications.
I. Agreement on termination of employment
The conclusion of such an agreement requires the consent of both the worker and the employer. This must always be in writing and each party must receive one copy. The employment ends on the agreed day (note: this date cannot be arranged retrospectively!).
II. Notice
The employer may give notice of termination to a worker only for the reasons stated in Section 52 of the Labour Code (e.g. the employer’s undertaking is closed down or relocated, the worker is redundant, breach of employment obligations by the worker, long-term incapacity of the worker, etc.), otherwise the termination is invalid. The reason for the notice must be defined in such a way that it cannot be confused with another, and must not be subsequently changed. Conversely, a worker may resign for any reason or without giving a reason.
Note: the employer may not give a worker their notice for any notice reason if the worker is in a protective period (e.g. they are temporarily incapable of work, on maternity leave, parental leave, etc. - see Sections 53 and 54 of the Labour Code).
The employment relationship terminates upon the expiry of a notice period of 2 months (unless the worker and the employer have agreed to extend it); the notice period begins on the first day of the calendar month following the delivery of the notice and ends on the last day of the relevant calendar month. For example, a worker resigned on 3 April 2020, so the notice period starts on 1 May 2020 and ends on 30 June 2020, meaning the employment relationship ends on that date.
III. Immediate termination of employment
This is an exceptional method of unilateral termination of employment, which the worker or employer may accede to only for reasons defined by the Labour Code in Sections 55 and 56 (e.g. the worker violated their employment obligations in a particularly serious manner, the employer did not pay the wage/salary or part thereof within 15 days of the due date). However, the employer may not terminate the employment immediately in the case of a pregnant worker, a worker on maternity leave, or a worker on parental leave. The employment relationship ends on the day of delivery of the termination.
IV. Termination of employment during the trial period
Termination of employment during the trial period is possible on the side of both the worker and the employer, for any reason or without giving a reason. The employment relationship ends on the day of delivery of the termination, unless a later day is specified. However, the employer may not terminate the employment relationship during the first 14 calendar days of temporary incapacity for work or quarantine of the worker.