Terminating Employment During Probation in Czech Law: Rules and Risks

Mgr. Jan Pavlík
Mgr. Jan Pavlík
31.3.2026 | ARROWS law firm

Termination of employment during the probationary period is a common situation that may seem straightforward, but it conceals a number of legal risks under Czech law. Employers often underestimate statutory limitations, which can lead to the invalidity of the termination, court disputes, and the employee’s financial claims. This article explains the correct procedure, identifies the risks, and advises how to avoid complications.

The photograph shows an expert discussing the termination of employment during the probationary period.

The concept of the probationary period under Czech employment law

The probationary period is a specific institute at the beginning of an employment relationship. The purpose of the probationary period is not only to test the employee’s abilities, but also for both parties to the employment relationship to get to know each other. The Labour Code regulates the probationary period primarily in Section 35, where it sets out its basic parameters.

This legal institute aims to allow the employee and the employer to assess whether the agreed employment relationship meets their expectations. If both parties find that the employment relationship does not meet their expectations, they can end it easily without unnecessary formalities.

Legal framework and basic conditions for agreeing a probationary period

One of the most frequently breached requirements is the need for the probationary period to be agreed in writing.

The Labour Code expressly provides that the probationary period must be agreed in writing, no later than on the day the employment relationship is established.

If the probationary period were agreed only orally, such an arrangement is invalid. Many employers underestimate this obligation, even though the legal reality is unforgiving.

If the written record is not part of the employment contract signed no later than on the start date, the probationary period did not legally arise.

The reason for the written-form requirement is legal certainty.

Only the written form allows both parties to clearly define the duration of the probationary period and the conditions for its termination.

The second critical aspect is timeliness. A probationary period must not be agreed retroactively.

It must be agreed no later than on the day the employment relationship arises.

Length of the probationary period and its limits

The maximum length of the probationary period is a key parameter. Under the current legal regulation, the maximum length of the probationary period is:

  • 4 consecutive months from the date the employment relationship is established for rank-and-file employees.
  • 8 months for managerial employees.
  • In fixed-term employment, the probationary period must not exceed one half of the agreed term of the employment relationship.

If a longer probationary period were agreed, the arrangement is invalid to the extent it exceeds the statutory limit.

An important aspect of the legal regulation is the possibility of subsequently extending the probationary period by a written agreement of the parties; however, the total length must not exceed the maximum statutory limits.

Statutory extension of the probationary period

In addition to contractual extension, the Labour Code provides for an automatic extension of the probationary period due to obstacles on the employee’s side.

If the employee is ill for ten working days, the probationary period is extended by those ten working days.

It is necessary to properly record all full-day absences (illness, vacation, other obstacles), as these automatically shift the end of the probationary period.

Process and rules for terminating employment during the probationary period

Section 66 of the Labour Code allows an employment relationship to be terminated during the probationary period for any reason or without stating a reason. Both parties have this right—the employer and the employee.

From the employer’s perspective, this means that during the probationary period they do not have to deal with the complex procedure that the Labour Code anticipates for termination by notice.

Written-form requirement

Termination of employment during the probationary period must be in writing; otherwise, it is disregarded. This means that an oral termination is legally null and void.

A formal written document is necessary, clearly expressing the intention to terminate the employment relationship during the probationary period.

The termination should include identification of the parties, a reference to the employment relationship, an explicit statement of termination, and the signature of an authorised person.

Although the employment relationship ends on the date of delivery unless a later date is stated, for practical reasons it is advisable to also specify a particular termination date.

Effective date of termination

The employment relationship ends on the date the termination is delivered to the other party, unless a later date is stated. Termination cannot be carried out retroactively.

The safest approach is to hand the document to the employee in person at the workplace and have them sign an acknowledgement of receipt on a copy of the document.

Another option is delivery to a data box or via postal services.

Email communication remains risky in Czech employment law from the perspective of proving delivery, unless it is accompanied by a recognised electronic signature.

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Limitations on the right to terminate employment during the probationary period

The Labour Code contains one fundamental limitation: the employer must not terminate employment during the probationary period within the first 14 calendar days of temporary incapacity for work.

In practice, this means that if an employee falls ill, they are protected for the first two weeks of illness against termination of employment by the employer.

Protection against discrimination even during the probationary period

Although employment may be terminated without stating a reason, the reason must not be discrimination. Case law confirms that the prohibition of discrimination also applies during the probationary period.

In the event of a dispute, the employer bears the burden of proof if the employee presents facts indicating discrimination.

Protection of pregnant employees and parents

Termination of employment during the probationary period with a pregnant employee is a sensitive topic. While termination by notice is generally prohibited for a pregnant employee, termination during the probationary period is possible.

However, such termination must not be motivated by pregnancy, maternity, or sex. If the employer terminates employment for this reason, it constitutes prohibited discrimination.

Related questions

1. Must the employer tell the employee the reason for termination during the probationary period?
No, the Labour Code does not require it. The employer may terminate employment without stating a reason. However, for legal certainty it is advisable for the employer to keep an internal record of the substantive reasons.

2. What happens if the employer terminated the employment relationship only verbally?
Such a termination is disregarded and is legally null and void. The employment relationship continues. The employer must carry out the termination again, in writing, and deliver it.

3. How long does the employer have to deliver the termination during the probationary period?
The termination document must be demonstrably delivered to the other party no later than on the last day of the probationary period.

Practical mistakes and risks

The most common risk is the absence of a written agreement directly in the employment contract no later than on the employee’s start date. If the employer relies on an oral agreement, the probationary period does not exist.

Another mistake is agreeing on a probationary period longer than permitted by Czech law. In such a case, the probationary period is valid only up to the statutory maximum; the remainder of the arrangement is invalid.

Mistakes in the termination process

A critical mistake is delivery by email without a qualified electronic signature or without the employee’s consent to this method of service. A court may find such service ineffective.

Another mistake is termination during the protected period of the first 14 days of illness. Employers often forget that the employee is protected during these days even if they are in the probationary period.

Possible issues

How ARROWS helps (office@arws.cz)

Absence of the written form of the agreement or termination

We provide template documentation and review employment contracts to ensure the probationary period is valid.

Incorrectly agreed parameters (length, dates)

We set up employment contracts in line with current Czech legislation.

Termination during the protected period (illness)

We advise on how to correctly time the termination of the employment relationship after the 14-day protected period during temporary incapacity for work has elapsed.

Suspicion of discrimination

We analyse the risks associated with dismissing protected groups and help formulate a procedure so that it is legally defensible under Czech law.

Dispute over the invalidity of the termination

We represent both employers and employees in court disputes concerning the invalidity of termination of employment.

Legal situation after the probationary period ends

If the probationary period expires and the employment relationship has not been terminated, it continues as a standard employment relationship. From that moment, the employer can no longer use the simplified procedure under Section 66 of the Czech Labour Code.

Legal consequences of an invalid termination

If the termination is invalid and the employee notifies the employer that they insist on continued employment, the employment relationship continues. The employer is obliged to pay wage compensation from the date of the notification until the employment relationship is validly terminated.

Protected periods and special situations during the probationary period

An employer must not terminate an employment relationship during the probationary period due to pregnancy. If it does so without an objective reason, it exposes itself to the risk of a claim for invalidity of the termination due to discrimination.

Protection of employees with disabilities

Similarly to pregnancy, the prohibition of discrimination on the grounds of disability applies. Terminating an employment relationship solely due to the employee’s health condition may be considered discriminatory.

Consolidated overview of the procedure for safely terminating an employment relationship

1. Verify the existence of the probationary period and check that it was agreed in writing and in time.

2. Verify its duration and check that the probationary period has not yet expired (watch out for extensions due to obstacles to work).

3. Verify the protected period and make sure the employee is not in the first 14 days of incapacity for work.

4. Rule out discrimination and make sure the reason for termination is not a prohibited discriminatory ground.

5. Prepare a written “Termination of employment during the probationary period” with clear identification and a signature.

6. Deliver the document in a provable manner (in person against signature or via a data box).

Final summary

Termination of employment during the probationary period is a flexible tool, but it requires strict compliance with formal requirements. Written form, timely delivery, and respecting the protected period during illness are absolutely fundamental.

Underestimating these rules or hidden discrimination may lead to the termination being invalid and an obligation to pay wages for the entire duration of the dispute.

The most common mistakes are the absence of written form, service by ordinary email, and failure to respect the prohibition on termination in the first 14 days of illness. If you are unsure about the procedure, it is always cheaper to consult the situation in advance.

The lawyers at ARROWS advokátní kancelář specialise in employment law and can help you set up template documentation or resolve a specific disputed case.

FAQ

1. Must the probationary period be agreed in the employment contract itself?
It does not have to be; it may be agreed in a separate document, but it must be in writing and signed no later than on the date the employment relationship arises. However, including it directly in the employment contract is the most practical.

2. Can a probationary period also be agreed for fixed-term employment relationships?
Yes, but it must not exceed half of the agreed duration of the employment relationship. For example, for a 6-month contract, the probationary period may be a maximum of 3 months.

3. What if the employer delivers the termination only after the probationary period has ended?
Such termination is invalid as a termination during the probationary period. If the employer has no other statutory ground for immediate termination or notice, the employment relationship continues.

4. Can a pregnant employee be dismissed during the probationary period?
Yes, formally it is possible to use termination during the probationary period, but the reason must not be pregnancy. If the employee proves a connection to pregnancy, the court will declare the termination invalid due to discrimination.

5. What is the difference between notice and termination during the probationary period?
Notice requires a statutory reason on the employer’s side, a notice period applies, and more protective elements apply. Termination during the probationary period is immediate, without stating a reason and without a notice period.

Disclaimer: The information contained in this article is for general informational purposes only and serves as a basic guide to the issue as of 2026. Although we strive for maximum accuracy, laws and their interpretation evolve over time. We are ARROWS Law Firm, a member of the Czech Bar Association (our supervisory authority), and for the maximum security of our clients, we are insured for professional liability with a limit of CZK 400,000,000. To verify the current wording of the regulations and their application to your specific situation, it is necessary to contact ARROWS Law Firm directly (office@arws.cz). We are not liable for any damages arising from the independent use of the information in this article without prior individual legal consultation.

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