Summary Termination of Employment: Legal Requirements and Employer Risks

Mgr. Jakub Oliva, LL.M., MSc.
Mgr. Jakub Oliva, LL.M., MSc.
26.3.2026 | ARROWS law firm

Summary termination of employment is one of the most serious legal instruments available to an employer. It is governed by a strict legal regime, and if the procedure is not handled correctly, the employer may face financially devastating consequences. The attorneys of ARROWS, a Prague-based law firm, encounter in practice cases where a court declared the termination invalid, resulting in an obligation to pay wage compensation.

The photo shows an expert providing a consultation on summary termination of employment.

Key takeaways

  • Immediate termination of employment may be used only in exhaustively defined cases under Czech legislation  – in particular, in the event of a particularly gross breach of work discipline or a final conviction of the employee for an intentional criminal offence.
  • A basic mistake: Many employers underestimate the requirement to specify the facts underlying the grounds. It is not enough to write “breach of discipline”; you must describe precisely what happened, when and how, so that the act cannot be confused with another.
  • Compliance with time limits is critical. You have only 2 months from learning of the grounds and a maximum of 1 year from when they arose; otherwise, the right to immediate termination lapses.
  • Protected employees (pregnant women, employees on maternity leave, employees on parental leave) cannot be terminated with immediate effect under Section 55(2) of the Czech Labour Code, even in cases of a particularly gross breach of duties.

When immediate termination is truly possible

The Czech Labour Code is uncompromising in this respect. Immediate termination is not an open-ended tool that an employer may use at its discretion. It is an exceptional measure (ultima ratio), used where the relationship between employer and employee has been disrupted to such an extent that it cannot fairly be required of the employer to continue employing the employee until the notice period expires.

The law distinguishes two basic grounds, the first of which concerns criminal conduct by the employee. If the employee has been finally convicted of an intentional criminal offence and sentenced to an unconditional term of imprisonment longer than one year, you have grounds for immediate termination. The same applies if the employee was convicted of an intentional criminal offence committed in the performance of work tasks and sentenced to an unconditional term of at least six months.

The second ground is much more common in practice. The employee has breached an obligation arising from legal regulations relating to the work performed by the employee in a particularly gross manner. This wording causes problems because “particularly gross” is not precisely defined in the law. While the Czech legal system provides guidance, the specific intensity of the breach in a given case is always assessed by the court.

How the intensity of a breach of work discipline is determined

While an employee may be given notice even for a serious breach of work discipline, immediate termination requires the highest level of intensity. When assessing this level, the court must not consider only the conduct itself. It must weigh all relevant circumstances, including the employee as a person, their previous attitude to work, the position they hold, and the degree of fault.

The case law of the Supreme Court has long distinguished three levels of breach. A less serious breach allows termination by notice only if it is repeated and the employee has been warned in writing. A serious breach allows termination by notice under Section 52(g) of the Czech Labour Code, and finally a breach in a particularly gross manner allows immediate termination without a notice period.

In practice, the following situations most commonly occur and are recognised by courts as particularly gross:

  • Long-term unexcused absence. Case law indicates that, as a rule, five or more days of unexcused absence may be grounds for immediate termination, but it always depends on the circumstances.
  • An attack on the employer’s property. This includes theft, intentional damage to property, or falsifying attendance records. Zero tolerance applies here even for minor damage (e.g., theft of small items).
  • Working under the influence of alcohol or addictive substances. This applies especially where safety and health are at risk (drivers, machine operators).
  • Physical assault. An attack on a supervisor or colleagues.
  • A gross breach of occupational health and safety rules. Conduct that directly endangers lives or health.

Employers often think that a single incident automatically suffices, which is not always true. For example, one-off late arrivals will usually not constitute a particularly gross breach. However, if breaches accumulate or escalate, their combined effect may reach the intensity required for immediate termination.

Related questions

1. How can I prove a breach of work discipline?
The employer bears the burden of proof. If you have identified a breach, draw up an official record, secure witness statements, and document everything (photos, extracts from IT systems, breathalyser test records). In cases involving property-related criminal activity, it is also advisable to have a police report. Without evidence, you will not succeed in court proceedings.

2. What if the employee does not deny the breach but claims it was not “particularly gross”?
In such a case, the court examines the intensity. The attorneys of ARROWS, a Prague-based law firm, can help you assess whether the intensity reaches the statutory threshold for immediate termination, or whether it is safer to choose termination by notice for a serious breach of duties.

3. Do different rules apply to managers or supervisory employees?
Yes, a higher standard of loyalty and conduct is required of managerial employees. A manager’s breach of duties may be assessed more strictly than that of a rank-and-file employee; however, the condition of a “particularly gross manner” also applies to them.

Written form and specification of the grounds – critical elements

One of the most common reasons employers lose in court is failure to comply with formal requirements. The Czech Labour Code (Section 60) is strict, and immediate termination must be in writing. An oral notice, a phone call, or a standard email without a qualified electronic signature are invalid legal acts, and the employment relationship would continue in such a case.

The second key condition is the factual specification of the grounds. It is not enough to write “I am terminating the employment for breach of work discipline” or merely refer to a section of the law. You must describe the act so that it cannot be confused with another act – i.e., specify what happened, when and where.

The lawyers of ARROWS, a Prague-based law firm, point out that the grounds must be specified at the time the termination is delivered and cannot be changed later. If you do not include the essential circumstances in the document, you will not be able to add them later in court.

Potential issues

How ARROWS helps (office@arws.cz)

No written form. The employer communicated the termination verbally or by SMS; consequence: the employment relationship continues (so-called apparent legal act or invalidity).

ARROWS attorneys in Prague will prepare a precise written document that meets all statutory requirements under Czech legislation.

Subsequent change of grounds. In the immediate termination the employer stated ground X, but later argues ground Y in court; consequence: the court will not take the new allegation into account.

When preparing the document, we will clarify all relevant grounds.

Vague description of the misconduct. It only states “gross breach” without details of time, place, or conduct; consequence: invalidity of the termination due to vagueness.

We will describe the facts in detail directly in the termination document.

Dismissal of a protected employee. The employer immediately dismissed a pregnant woman or an employee on maternity leave; consequence: absolute invalidity under Section 55(2) of the Czech Labour Code.

We will verify whether the employee falls within a protected group.

Time limits: two deadlines you must not miss

The Labour Code (Section 58) sets two preclusive time limits for employers. Once they expire, the right to immediate termination lapses.

The subjective time limit is two months from the day the employer learned of the grounds for immediate termination. The time limit starts to run at the moment the breach becomes known to a person authorised to act on behalf of the employer (e.g., a managing director or director), not merely an ordinary colleague.

The objective time limit is one year from the day the grounds arose (when the breach occurred). Even if you learn about a theft only after a year and a half, you no longer have the right to terminate immediately.

If the employee’s conduct became the subject of an investigation by another authority (e.g., the police), immediate termination may still be exercised within two months from the day the employer learned of the outcome of that investigation.

In practice, this means that as soon as you identify a breach, you must not delay. The lawyers of ARROWS, a Prague-based law firm, can act quickly in an urgent situation, analyse the evidence, and prepare the documentation so that you meet the two-month deadline.

Special protection of employees: who cannot be dismissed immediately

Section 55(2) of the Labour Code contains an absolute prohibition on immediate termination of employment with:

  1. a pregnant employee,
  2. an employee on maternity leave,
  3. an employee taking parental leave.

This prohibition applies regardless of how serious the breach committed by the employee was. Even if an employee on maternity leave committed a criminal offence against the company, you cannot terminate her employment immediately.

In the case of a pregnant employee (who is not on maternity leave), immediate termination cannot be used, but for the same act (a particularly gross breach) she may be given notice under Section 52(g) of the Labour Code. In this case, however, the employment relationship does not end immediately, but only upon expiry of the notice period.

In the case of an employee on maternity leave or an employee on parental leave (during the period when the woman is entitled to take maternity leave), it is not possible to give notice for breach of obligations either. The employment relationship must therefore continue during this period.

Related questions

1. What if the employee becomes pregnant only after the immediate termination has been delivered?
The decisive factor is the situation at the time the termination is delivered. If she was not pregnant at that time, the termination is valid (provided the other conditions are met). If she was pregnant but did not know it, the termination is invalid.

2. Can I resolve the situation by agreement?
Yes. An agreement to terminate employment is a bilateral legal act. If the employee agrees with the termination and signs the agreement (without pressure), the employment relationship ends on the agreed date.

Contact our experts

Delivery of immediate termination – how and when it becomes effective

Immediate termination becomes effective only upon delivery to the employee into their own hands. The rules on service in 2026 remain very strict (Section 334 et seq. of the Labour Code).

The safest and primary method is personal delivery at the workplace. If the employee refuses to accept it, the document is deemed delivered at the moment of refusal (provided they were instructed accordingly and a witness is present).

If personal delivery is not possible, delivery via a data box (datová schránka) or through a postal services provider may be used. However, postal delivery involves a number of risks, as the employee may not collect the consignment. In such cases, the so-called fiction of delivery applies, where the last day of the storage period is deemed to be the day of delivery.

Practical tip: Do not rely on email unless you have specific consent and qualified signatures. If there is a risk that the employee will try to avoid delivery, consult the strategy with ARROWS attorneys in Prague to eliminate the risk that the termination deadline will expire before the document can be delivered.

What happens after immediate termination

Once the termination is delivered, the employment relationship ends. The employee must return entrusted items and leave the workplace. The employer must issue a certificate of employment (zápočtový list), stating Section 55 of the Labour Code as the reason for termination. This affects unemployment benefits (a sanction reduction).

The employee may challenge the termination by filing an action seeking a declaration that the termination of employment is invalid. This must be filed with the court no later than within two months from the day the employment relationship was supposed to end (Section 72 of the Labour Code).

If the employee files a claim and informs the court that they insist on being further employed by the employer, there is a risk of wage compensation. If the court subsequently decides that the immediate termination was invalid, the employee is entitled to wage compensation in the amount of their average earnings. After years of litigation, this amount may reach millions of Czech crowns.

Professional support in preparing immediate termination

The lawyers of ARROWS, a Prague-based law firm, handle employment disputes on a daily basis. When preparing immediate termination, we will provide you with:

1. Assessment of the evidentiary situation: Whether the breach is truly “particularly gross” and will stand up in court.

2. Drafting the documentation: Flawless factual specification and formal correctness.

3. Delivery strategy: So that the termination becomes effective in time.

4. Court representation: If the employee files a claim, we will protect your interests and minimise losses.

The burden of proof in any dispute lies with the employer. You must prove that the breach occurred and that it was so serious that it justified this extreme step.

Final summary

Immediate termination of employment is an effective but risky tool. Legal regulations treat it as an exceptional procedure, and courts review it very strictly. Formal errors, failure to meet deadlines, or insufficient specification of the misconduct lead to losing the dispute and the obligation to pay wages for many months.

Do not rely on templates downloaded from the internet, because every case of “particularly gross misconduct” is specific. If you want certainty, consult experts. The attorneys of ARROWS, a Prague-based law firm, will guide you safely through the entire process. Contact us at office@arws.cz.

FAQ

1. Can I terminate an employee “on the spot” without stating a reason?
No. Immediate termination (§ 55 of the Labour Code) always requires a statutory reason and its precise specification. Termination without a reason by the employer is not possible at all under Czech law.

2. What if the employee agrees to the immediate end?
If you both agree, do not conclude an “immediate termination”, but an agreement on termination of employment (§ 49 of the Labour Code). In the agreement, you can set the termination date immediately. This is a safer option that eliminates the risk of court proceedings, provided the agreement is concluded freely and seriously.

3. How long can I wait before terminating?
The subjective time limit is 2 months from the moment you learned of the reason. However, we recommend acting without undue delay once you have gathered the evidence. The longer you wait, the harder it is to prove in court that continued employment was “unsustainable”.

4. Is testimony from other employees sufficient as evidence?
Testimony is important evidence, but courts may be sceptical of statements by subordinate employees (concerns about bias). It is always better to combine testimony with objective evidence (CCTV footage, PC logs, inventory records, police report).

5. What are the typical mistakes ARROWS attorneys see among employers?
(a) Insufficient factual specification (“misappropriation of property” without stating when and what). (b) Missing the two-month time limit. (c) Invalid service (e.g., an ordinary letter or email). (d) Immediate termination involving a pregnant employee.

6. Do I have to pay severance pay to the employee?
In the case of immediate termination of employment, the employee is not entitled to severance pay. On the contrary, in certain cases the employer may claim compensation from the employee for damage caused by their conduct.

Notice: The information contained in this article is of a general informational nature only and serves for basic orientation in the matter according to the legal status as of 2026. Although we take the utmost care to ensure accuracy, legal regulations and their interpretation evolve over time. We are ARROWS advokátní kancelář, an entity registered with the Czech Bar Association (our supervisory authority), and for maximum client security we are insured for professional liability with a limit of CZK 400,000,000. To verify the current wording of regulations and their application to your specific situation, it is necessary to contact ARROWS advokátní kancelář directly (office@arws.cz). We accept no liability for any damage arising from the independent use of the information in this article without prior individual legal consultation.

Read also: