The main groups
Article 155 of the Labour Code lists the grounds for ending a contract. The main ones are:
- Agreement of the parties โ the calmest route. The parties record it in a written supplementary agreement.
- Expiry of the term of a fixed-term contract โ the other party receives a written warning at least three calendar days in advance.
- The employee's initiative โ the employee warns the employer in writing, as a rule fourteen calendar days in advance.
- The employer's initiative โ only on the grounds the law lists (article 161 of the Labour Code).
- Circumstances outside the will of the parties โ for example a call-up for military service, or a court sentence.
Dismissal on the employer's initiative
This is the group that causes most disputes. The employer cannot dismiss at will: the ground must be in the law, the procedure must be kept, and the documents must be drawn up. Under article 174 of the Labour Code, if the contract was ended unlawfully, the employee is reinstated in the previous job and is paid for the time of the forced absence. In a dispute the employer proves that the dismissal was lawful.
What to check
- Does the order name a specific ground, and does that ground match the law?
- Was the warning period kept?
- Was the final settlement paid and the employment record book handed over on the day of the dismissal?
- Are you in a protected group (a pregnant woman, a woman with a child under three, a father raising a child under three alone, and others)?