In the first part of this guide, we discussed situations in which an employee’s conduct may justify summary dismissal. It is now essential to address the procedural side of the matter. Compliance with legal requirements and due diligence in drafting the necessary documentation will largely determine the employer’s position in the event of a potential court dispute with the employee.
Steps the employer should take
Before delivering a disciplinary dismissal notice, the employer must ensure that:
- a thorough analysis has been carried out to determine whether the employee’s conduct truly justifies termination under this exceptional procedure – see Part 1 of this guide: Avoiding mistakes in disciplinary dismissals – part 1 – jrd,
- appropriate evidence supporting the decision has been collected,,
- the one-month deadline (counted from the date the employer became aware of the misconduct) has not expired,
- where legally required, the opinion of the trade union representing the employee has been obtained,
- the dismissal notice has been drafted in a form that meets the statutory requirements.
If doubts arise at any stage—particularly with respect to points 1 or 5—we strongly recommend consulting a lawyer specialising in employment law.
Evidence
When considering termination under Article 52 § 1 of the Labour Code, the employer must collect all available evidence substantiating the employee’s misconduct. This may include official notes, reports, email correspondence, CCTV footage, or witness statements. The more carefully the misconduct is documented, the greater the chance that a court will uphold the employer’s position.
It is important to remember that the burden of proof for the reasons stated in the dismissal notice lies with the employer.
One-month deadline
On the one hand, hasty action is not advisable. On the other hand, the employer cannot delay—there is only one month from the date of obtaining credible information about the employee’s misconduct to issue a dismissal notice.
In many cases, errors result from acting too quickly. However, it also happens that, despite the seriousness of the employee’s misconduct, the court—reviewing the case after the employee’s appeal—declares the termination unlawful because the employer missed the statutory deadline.
The one-month period does not run from the date the misconduct occurred, but from the moment the employer received reliable and verified information.
Pursuant to Supreme Court rulings:
- the period begins when the person authorised to terminate employment, or another manager within the organisational structure, becomes aware of the misconduct,
- mere suspicion or unverified rumours are not sufficient—the employer must have reliable information that reasonably indicates a gross breach of employee duties.
Trade union opinion
Employers must also remember the obligation to consult with the trade union regarding summary dismissal. This applies only where a trade union operates in the company and represents the employee concerned.
Although the employer’s notice of intent to dismiss may take any form, for evidentiary purposes we recommend written or electronic communication. The reason justifying the dismissal must be explicitly stated.
If the trade union raises objections to the dismissal, it must issue its opinion without delay, but no later than within 3 days (if the union shares the employer’s position, it may, in principle, refrain from responding). If the opinion is delivered earlier, the employer may issue the dismissal notice before the three-day period has expired. However, if the dismissal is finalised within three calendar days of notifying the union, the employer’s notice will be deemed unlawful.
Importantly, the union’s opinion is not binding on the employer.
Formal requirements
For disciplinary dismissal to be valid, the employer’s notice must meet the formal requirements set out in the Labour Code.
The rule is that the notice should be in writing. For evidentiary purposes, it is advisable for the employer to obtain confirmation that the employee has read the document (delivery by post is also acceptable). If electronic communication is standard in the employment relationship (e.g., through a company email account in remote work settings), a notice signed with a qualified electronic signature and sent by email has the same legal effect as a traditional written document. Oral dismissal is legally effective (the employee is considered dismissed) but defective, as the employee may challenge it before a labour court.
The dismissal notice must indicate the reason justifying termination in this exceptional mode. The reason must be specific, precise, and genuine.
The notice must also contain information about the employee’s right to appeal to the labour court.
What ruling can the court issue?
If the court, upon reviewing the case, finds the employee’s claims justified or determines that the termination violated the law, it may, depending on the employee’s demands:
- reinstate the employee to the same position and award back pay for the period of unemployment,
- award compensation,
- order the employer to cover the employee’s litigation costs.
Seeking assistance from legal professionals helps avoid mistakes and ensures the employer has full support at every stage of the process. If needed, we are happy to provide advice and assist in preparing all necessary documentation.
