Termination of an employment contract without notice due to the employee’s fault—commonly referred to as summary or disciplinary dismissal—is a legal instrument reserved for the most serious misconduct under labour law.
Invoking Article 52 § 1 of the Labour Code requires particular caution, both in assessing the employee’s conduct and in complying with all formal legal requirements. Any irregularities—regardless of the employer’s intent—may lead to serious legal consequences.
In this part, we discuss employee behaviours that may justify a decision to dismiss an employee for disciplinary reasons. The next article will cover the formal requirements that must not be overlooked.
Gross violation of basic employee duties
The legislator defined the grounds for disciplinary dismissal in broad terms. This allows employers to respond to various types of violations, but it also requires careful interpretation and reference to jurisdiction that clarifies which behaviours may actually justify invoking Article 52 § 1 of the Labour Code.
In particular, such a decision will be justified in the event of a gross breach by the employee of their fundamental duties, including the diligent and careful execution of superior’s instructions, compliance with internal regulations and health & safety rules, acting in the best interest of the employer, and adherence to principles of social coexistence in the workplace. It should be emphasised, however, that these concepts remain vague and must be assessed on a case-by-case basis. Terms such as “gross breach of duties,” “the employer’s best interest,” or “principles of social coexistence” are not specifically defined in the legislation, which poses interpretation challenges for employers.
According to the Supreme Court, a gross breach of duties occurs when an employee acts unlawfully (in violation of regulations), harms or endangers the employer’s interests, and does so culpably (i.e., the employee could have acted lawfully but chose not to, either deliberately or through gross negligence).
JURISPRUDENCE EXAMPLES:
- unjustified absence from work – the employee failed to report to work on a scheduled day, did not inform supervisors, and took no steps to justify the absence, despite having available options (e.g., leave on request),
- consumption of alcohol in the workplace – even when intoxication was not confirmed by a breathalyser but was verified through witness accounts,
- use of offensive and inappropriate language by a lecturer during academic classes, directed at the university and its staff
Commission of a criminal offence
Another basis for disciplinary dismissal is the commission of a criminal offence during the term of employment, which makes it impossible for the employee to continue in their position—provided the offence is either obvious or confirmed by a final court judgment.
An offence may be deemed obvious when any reasonable person would conclude that the employee committed the prohibited act.
JURISPRUDENCE EXAMPLES:
- stealing employer-owned fuel (documented by video footage), followed by a second attempt to remove fuel from the premises, which ended in being caught red-handed,
- presenting a falsified employment certificate to the employer and using it as if it were authentic.
Culpable loss of qualifications required for the job
It is unreasonable to expect an employer to continue employing someone who has lost the qualifications essential for performing their role. Continuing the employment relationship in such circumstances would serve no purpose—especially if the employee was hired specifically because of those qualifications and is no longer able to fulfil their contractual duties.
For this reason, the Labour Code allows for summary dismissal in cases of culpable loss of necessary professional qualifications.
This applies in professions where holding specific licences, certifications, or authorisations is a legal requirement—for instance, doctors, professional drivers, or pilots.
Culpable loss of qualifications refers to situations where the employee is at fault—e.g., due to unlawful conduct or gross negligence. The loss must be confirmed by a relevant authority’s decision or ruling.
JURISPRUDENCE EXAMPLES:
- loss of a category B driving licence by a sales director whose duties involved frequent business travel, making it impossible to continue performing the role
- expiry of a security clearance required for access to classified information, where such clearance was essential for the position
- loss of the right to practise as a doctor following a final criminal conviction.
If you are considering dismissing an employee on disciplinary grounds, our legal team is at your disposal. We will help you assess your situation, evaluate risks, and prepare the necessary documentation to best protect your interests.
