Immediate termination of employment: When an employer can use it and what risks are involved

JUDr. Jakub Dohnal, Ph.D., LL.M.
JUDr. Jakub Dohnal, Ph.D., LL.M.
16.6.2026 | ARROWS law firm

Immediate termination of employment is the most severe way to end an employment relationship with an employee. The Labour Code permits it only in exceptional cases and subject to strict conditions. In practice, companies often underestimate the legal limits, the evidentiary situation, or the formal requirements, which can lead to costly court disputes in the Czech Republic. This article summarises when an employer may use immediate termination of employment and under what conditions.

The photograph shows an expert consulting on the immediate termination of employment.

Legal framework for immediate termination of employment

Immediate termination of employment is an extraordinary instrument of employment law under Czech legislation. It is used only in situations where the employer cannot reasonably be expected to continue employing the employee, and the employment relationship therefore ends without a notice period.

This is a unilateral legal act by the employer. The employee’s consent is not required, and the employment relationship ends upon delivery of the written notice. The effects cannot be unilaterally withdrawn; they can be removed only by agreement of the parties or by a final court decision.

An employer may use immediate termination only for reasons expressly stated in the Czech Labour Code. An internal policy, employment contract, or managerial decision cannot extend these reasons.

It is also necessary to distinguish between immediate termination by the employer and by the employee. An employee may terminate employment immediately, for example, if the employer has not paid wages within 15 days after the due date, or if, according to a medical opinion, the employee can no longer perform the work.

During protected periods, in particular during pregnancy and maternity, paternity and parental leave, the employer must not use immediate termination. In such cases, the employer must consider other legal tools depending on the specific situation.

When an employer may terminate employment immediately

The first statutory reason is the employee’s final conviction for an intentional criminal offence resulting in an unconditional custodial sentence. As a rule, the sentence must exceed one year. If the offence was committed in the performance of work tasks or in direct connection with them, an unconditional sentence of at least six months is sufficient.

A final and binding judgment is always required. The employer should therefore rely on a judgment bearing a finality clause and verify that all statutory conditions are met.

This reason is relatively straightforward in practice because it is based on a court decision. Nevertheless, it is still necessary to comply with protected periods, time limits, the written form, proper service, and precise identification of both the act and the court decision.

Gross breach of an employee’s duties

A more common reason for immediate termination is a gross breach of the employee’s duties. The Czech Labour Code does not define this term in more detail; its content is therefore shaped by case law.

The breach must be so serious that the employer cannot reasonably be expected to continue the employment relationship even for the duration of the notice period. Courts distinguish between minor, serious and gross breaches of duties. Only the last category allows immediate termination.

When assessing the intensity, courts consider in particular the employee’s person, job position, previous work approach, degree of fault, consequences caused, the amount of damage, and the impact on the employer’s operations.

Typically, this may involve unexcused absence, an attack on the employer’s property, physical assault, serious breach of occupational health and safety (OHS) rules, or working under the influence of alcohol. However, even in these cases, immediate termination is not automatic. It always depends on the specific circumstances and evidence.

Selected typical situations: absence, alcohol, attack on property

In the case of unexcused absence, practice often works with a threshold of five working days. However, this is not an absolute rule. Courts always assess the reasons for the absence, communication with the employee, the impact on operations, and any damage.

As regards alcohol in the workplace, there is a prohibition on consuming alcohol as well as a prohibition on entering the workplace under its influence. However, there is no universal blood alcohol level that would automatically justify immediate termination. For high-risk professions, the assessment will be stricter than for administrative positions.

An attack on the employer’s property is generally assessed very strictly by courts because it undermines the basic trust between the parties. This may involve theft, embezzlement, unauthorised handling of property, or misuse of IT resources. However, it is essential to prove the act and its connection to the performance of work.

Protected periods and groups of employees for whom immediate termination cannot be used

An employer must not immediately terminate the employment relationship with a pregnant employee or with an employee on maternity, paternity or parental leave.

This prohibition applies regardless of the seriousness of the breach of duties. The employer therefore cannot use immediate termination even in a case where, for another employee, the conduct could be defensible as a gross breach.

Particularly risky are situations where the employer does not know about the pregnancy at the time of service. If the employee was already pregnant at the time of immediate termination, there is a significant risk of invalidity.

Related questions on immediate termination of employment

1. Can we terminate employment immediately for repeated late arrivals?

Probably not. This will usually be a minor or serious breach addressed by notice of termination, often after prior written warning.

2. Is a positive breathalyser test always a reason for immediate termination

Not automatically. It depends on the type of work, the measured level, the safety risk, and the quality of the evidence.

3. Is the theft of small items always a gross breach?

An attack on property is assessed strictly, but the decisive factors are the value of the item, intent, repetition, and the overall context.

Formal requirements and time limits: where employers most often get burned

Immediate termination must always be in writing. An oral statement, SMS, or a standard email that does not meet the statutory conditions is not sufficient. If the written form is missing, the employment relationship does not legally end.

Service is equally important. The effects occur only when the document reaches the employee’s sphere of control. In the event of a dispute, the employer must be able to prove service.

Service may be effected in particular in person, by post into the employee’s own hands, via a data box (datová schránka), or electronically if the statutory conditions are met. Electronic service requires the employee’s prior written consent and fulfilment of additional requirements.

Factual specification of the reason and the prohibition on changing it

In an immediate termination, the employer must describe precisely what happened. It is not sufficient to state that the employee “committed a particularly gross breach of work duties” or to merely refer to a statutory provision.

The description must be specific: when the conduct occurred, what the employee did, which duty was breached, and why the employer considers it a particularly gross breach.

The stated reason cannot be changed later. In court proceedings, the employer may rely only on the facts set out in the written notice delivered to the employee. If the reason is described vaguely, the court often does not even reach the assessment of the intensity of the conduct itself.

Time limits for immediate termination after the “flexinovela” amendment

The employer must carry out the immediate termination within 3 months from the day it learned of the reason. At the same time, an objective time limit of 15 months applies from the day the reason arose.

If the time limits expire, the employer’s right to immediately terminate the employment relationship lapses. The court takes this into account even without an objection by the employee.

The subjective time limit runs from the moment the employer’s authorised person learns of the decisive facts to an extent that allows an assessment of whether the conditions for immediate termination are met. It is therefore not always safe to wait, for example, until the outcome of a police investigation.

Link to internal policies, contracts, and evidence

A successful defence of an immediate termination often depends on whether the employer has well-set employment contracts, job descriptions, internal policies, and records of breaches of duties.

Internal rules must comply with the law and the employee must be demonstrably familiarised with them. If the employer alleges a breach of an internal policy, it must be able to prove that the employee knew the rules and had the opportunity to follow them.

High-quality documentation is also important: attendance records, minutes of meetings, outputs from internal investigations, communications, witness statements, CCTV or IT records, provided they were obtained lawfully.

Typical questions on immediate termination of employment

1. Is it enough to send an immediate termination by email from a company address?

A standard email is usually not sufficient. Without meeting the service requirements, the employer will have difficulty proving valid delivery.

2. Can the reason be supplemented or changed in court proceedings?

No. The employer is bound by what it stated in the delivered written notice. The court will not allow a new reason.

3. How is the three-month time limit calculated when information is discovered gradually

It runs from the moment the authorised person has sufficient decisive information for a legal assessment of the matter.

Risks of an invalid immediate termination for the employer

If the employer proceeds contrary to Czech law, the employee may file a claim seeking a declaration that the termination of the employment relationship is invalid. The employee must do so within two months from the day the employment relationship was supposed to end.

If the employee notifies that they insist on continued employment, the employment relationship continues and the employer must provide wage compensation. In addition, during the dispute the employee accrues entitlement to annual leave, because this constitutes an obstacle to work on the employer’s side.

If the employee does not insist on continued employment, the employment relationship is deemed to have ended by agreement and the employee is entitled to wage compensation for a period corresponding to the notice period. The financial impact is lower in such a case, but the decision lies with the employee.

The court’s power to reduce compensation and its limits

The Czech Labour Code allows the court to reduce wage compensation if the period for which the employee is entitled to compensation exceeds 6 months. The court takes into account in particular whether the employee was meanwhile employed elsewhere, what earnings they achieved, and for what reasons they may not have returned to work.

However, the court’s power to reduce compensation is not a certainty. The employer should therefore not rely on the court significantly reducing the compensation. It is safer to assess the financial risks before delivering the immediate termination.

Repayment of severance pay and other financial impacts

Immediate termination in itself does not create an entitlement to severance pay. However, if the employee previously received severance pay and the termination of the employment relationship is subsequently found invalid, the question may arise whether it must be repaid as unjust enrichment.

Further risks include court costs, legal representation costs, management time, potential sanctions from the Labour Inspectorate, and reputational impacts, especially in the case of key employees or sensitive matters.

Procedural risks and the costs of court proceedings

Only a court can assess the invalidity of the termination of an employment relationship. A dispute may last longer than a year and for the employer it means not only a financial burden but also operational and reputational complications.

The employer must be prepared to prove the act, the intensity of the breach, compliance with time limits, proper delivery, and the absence of a protected period. If it fails to prove any of these elements, it risks losing the dispute.

What problems can arise? 

Possible problems

How ARROWS can help (office@arws.cz)

Invalid immediate termination: entitlement to wage compensation and annual leave for the entire duration of the dispute.

We will prepare a strategic analysis of whether immediate termination is appropriate. We will propose a safer approach, set the argumentation, and represent the client in the event of a dispute.

Errors in formal requirements (written form, delivery, factual description).

We will review and prepare templates. We will draft specific immediate termination texts and set up an internal delivery process in line with current Czech legislation.

Lack of evidence of a particularly gross breach of duties.

We will conduct an evidence audit and collect supporting materials. We will assist with internal investigations, forensic analysis, and preparation of witness statements.

Conflict with protected periods (pregnancy, maternity/parental leave).

We will provide preventive legal screening. Before the planned step, we will verify protected periods and propose safe alternative solutions.

Reputational and media impacts of a dispute with a key employee.

We will provide comprehensive crisis management. We will ensure legal representation and a communications strategy to minimise reputational harm.

How to proceed in practice: dispute prevention and secure process setup

A decision on immediate termination should not be an impulsive reaction to a conflict or an employee’s failure. Management should first assess which duty the employee breached, whether it truly constitutes a particularly gross breach, and whether there is evidence usable in Czech court proceedings.

Internal investigations must be systematic. It is advisable to secure witness statements, analyse documents, verify attendance, prepare technical evidence, and maintain procedural integrity throughout the process.

At the same time, it is advisable to compare several scenarios: immediate termination, notice of termination, an agreement, or internal remedial measures. Each solution has a different impact on the speed of termination, costs, operational continuity, and the company’s reputation.

Working with evidence and forensic support

In any potential dispute, the burden of proof lies with the employer. It is therefore not enough to merely believe that the employee has acted improperly. The employer must be able to prove its allegations.

Evidence may include work reports, attendance records, email communication, minutes of meetings, CCTV footage, IT logs, test results, or witness statements. In alcohol-related cases, it is important to use a calibrated device or a medical examination, otherwise the evidence may be challenged.

In IT incidents, secure preservation of data and compliance with personal data protection rules are essential. Unlawfully obtained evidence may cause further complications in court proceedings.

Communication with the employee and choosing between notice of termination and immediate termination

The way you communicate with the employee can significantly influence what happens next. Even in a tense situation, it is advisable to proceed calmly, factually, and professionally. It is appropriate to describe the alleged misconduct to the employee and give them room to respond.

The choice between immediate termination and notice of termination is strategic. Following the flexinovela amendment, in the case of termination for breach of duties, the notice period has been shortened to one month and starts running on the date of delivery. This increases the practical usability of notice of termination as a safer alternative.

If the severity of the breach is not unequivocally at the highest level, termination by notice or an agreement may be a more reasonable solution than immediate termination with a high risk of litigation.

Specifics for managerial positions and during the probationary period

For managerial positions, breaches of duties are usually assessed more strictly. Senior employees have greater responsibility, access to sensitive information, and a greater influence on the company’s operations. Misuse of information, conflicts of interest, or a breach of loyalty can therefore reach a high level of severity.

During the probationary period, the situation is different. The employment relationship may be terminated in writing for any reason or without stating a reason. However, the written notice must be delivered no later than on the last day of the probationary period.

Following the flexinovela amendment, a longer probationary period may be agreed: up to 4 months for regular employees and up to 8 months for managerial employees. Here too, it is advisable to continuously assess the employee’s performance and not postpone any termination until the last moment.

Related questions on immediate termination 

1. Does it make sense to give a final warning before immediate termination?

In cases of a particularly gross breach, the law does not require it. However, if the severity is not clear, a written warning or termination by notice may be more appropriate.

2. What if we have strong suspicion but no evidence yet?

Immediate termination without evidence is risky. It is advisable to first conduct an internal investigation and secure supporting materials.

3. Is an agreement sometimes better than immediate termination?

Yes. In sensitive cases, an agreement may be faster, more discreet, and more cost-effective than lengthy litigation.

Overview of selected real-life situations and how courts assess them

Unexcused absence is among the most common reasons for which employers consider immediate termination. The five-day rule is only indicative. Courts examine the specific circumstances, the reason for the absence, communication with the employee, and the impact of the absence on operations.

There are cases where a longer absence did not lead to recognition of immediate termination, because the court took into account the employee’s social situation or ambiguities in communication. Conversely, a shorter absence may be serious if it causes significant damage or operational complications.

The key is therefore to document not only the absence itself, but also its impact on the employer.

Alcohol and other addictive substances in the workplace in case law

The ban on alcohol in the workplace is a basic occupational health and safety (OHS) rule under Czech legislation. Nevertheless, courts do not assess every positive test in the same way. In high-risk professions, even a low alcohol level may justify a strict approach, whereas for administrative work a milder measure may be more appropriate.

The employer should have a clear internal policy on testing, designate authorised persons, set out the measurement procedure, require the use of a calibrated device, and specify the procedure in the event of refusal to take the test.

Misuse of the employer’s property and IT resources

An attack on the employer’s property undermines the fundamental trust between the parties. This may involve not only theft of items, but also misuse of IT resources, downloading sensitive data, unauthorised handling of documents, or using company systems contrary to the rules.

The employer must prove that the conduct actually occurred and that the employee was familiar with the rules for using the property. For IT evidence, it is also necessary to ensure lawful data preservation and personal data protection.

Wage dispute and overlap with immediate termination by the employee

A specific situation is an overlap of steps taken by both parties. An employee may immediately terminate the employment relationship if the employer has not paid wages within 15 days after the due date. The employment relationship then ends upon delivery of the employee’s immediate termination, and the employee becomes entitled to wage compensation for a period corresponding to the notice period. 

Before any crisis HR step, it is therefore advisable to quickly verify the status of wage liabilities and avoid a procedurally disadvantageous overlap.

The role of our attorneys in Prague from ARROWS advokátní kancelář in managing risks associated with immediate termination

Immediate termination of employment should not be addressed only at the moment of crisis. The foundation is preventive setup of employment contracts, internal policies, job descriptions, attendance records, and rules for handling the employer’s property.

It is also important to prepare managers and HR professionals who are the first to encounter breaches of duties. They must know how to secure evidence, how to communicate with the employee, and when to escalate the matter to attorneys.

ARROWS helps clients set up HR processes, prepare internal documentation, train management, and assess specific cases even before the decisive written notice is delivered.

Advice in specific cases and representation in disputes

In crisis situations, ARROWS will assess the facts, review the available evidence, recommend an appropriate course of action, and prepare the necessary documentation. This may involve immediate termination, notice of termination, an agreement, or a combination of further measures.

In court proceedings, ARROWS represents employers before Czech courts, prepares litigation strategy, works with evidence, and, where justified, advances arguments to seek a reduction of wage compensation.

Final summary

Immediate termination of employment is an extraordinary measure that may be used only where an employee has been finally convicted of an intentional criminal offence or where the employee has breached their duties in a particularly gross manner.

It cannot be used for ordinary dissatisfaction with work performance, repeated minor misconduct, or situations where the employer does not have sufficient evidence. In such cases, notice of termination, an agreement, or other HR measures are usually more appropriate.

The greatest risks arise from errors in form, service, the factual description, protected periods, and time limits. Following the flexi-amendment, it is necessary to monitor in particular the subjective time limit of 3 months and the objective time limit of 15 months.

An invalid immediate termination may mean that the employer is obliged to pay wage compensation for a long period, including entitlement to leave, litigation costs, and reputational impacts.

Each case should therefore be analysed in advance from both a legal and evidentiary perspective. ARROWS helps employers set up preventive processes, prepare robust documentation, negotiate agreements, and represent clients in any court disputes.

Most frequently asked questions on immediate termination 

1. Can we immediately terminate the employment of a long-term incompetent employee?

No. Incompetence itself or unsatisfactory work results are not grounds for immediate termination. This is usually addressed by termination for failure to meet requirements, typically after a prior written request to remedy the situation.

2. What is the difference between immediate termination and termination for breach of duties?

Immediate termination ends the employment relationship upon service. Termination by notice ends it only after the notice period. Courts assess immediate termination more strictly because it is the most severe interference with an employee’s rights.

3. What if we made a mistake in service?

If the document was not properly served, the employment relationship may not have ended. If the time limits are still running, it may be possible to serve a new, defect-free termination. Otherwise, invalidity and litigation may follow.

4. How long does an employee have to challenge invalidity?

The employee must file a claim within 2 months from the day the employment relationship was supposed to end. This is a preclusive time limit; if the employee misses it, they can no longer successfully claim invalidity.

5. After an invalid termination, can we refuse to let the employee return to work?

If the employee insists on continued employment, the employment relationship continues. The employer does not have to actually assign work, but this constitutes an obstacle on the employer’s side and wage compensation must be paid.

6. How should we proceed with a member of management or a key specialist?

A broader strategy must be prepared to protect know-how, trade secrets, data, client relationships, and the company’s reputation. It is advisable to link employment law under Czech legislation with compliance, competition, and corporate advice.

Notice: The information contained in this article is of a general informational nature only and is intended for basic guidance on the topic. Although we take maximum care to ensure accuracy, legal regulations and their interpretation evolve over time. To verify the current wording of the regulations and their application to your specific situation, it is therefore necessary to contact ARROWS law firm in Prague directly (office@arws.cz). We accept no liability for any damages or complications arising from the independent use of the information in this article without our prior individual legal consultation and expert assessment. Each case requires a tailored solution, so please do not hesitate to contact us.

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