TERMINATION OF THE CONTRACT IN ACCORDANCE WITH ART. 30 § 1 POINT 2 OF THE LABOR CODE - SERVICE

Termination of the contract by notice of Art. 30 § 1 point 2 of the Labor Code

The methods of terminating the employment contract are strictly defined and regulated by the Labor Code. An employment contract may be terminated by mutual agreement of the parties, upon notice, without notice and upon the expiry of the period for which it was concluded. In the case of an employment contract for a trial period, termination may take place at the end of this period or before its expiry, upon notice.

Termination of the contract with the notice period

Pursuant to Art. 30 § 1 point 2: "The employment contract is terminated by a declaration of one of the parties with a notice period (termination of the employment contract with notice)”- this means that the employment relationship may be terminated at the request of one of the parties to the contract - the employer or the employee.

The termination of the contract should be made in writing and include:

place and date,

employer and employee data,

parties to the contract and the date of its conclusion,

declaration of termination of the contract and observance of the notice period,

signatures of both parties.

If the employer is the party initiating the termination of the employment contract, the notice should additionally contain information about the possibility of appeal to the labor court by the employee and the reason for the termination of the contract in the event that the termination concerns a contract concluded for an indefinite period.

The notice periods in the event of termination under Art. 30 § 1 point 2

The length of the notice period depends on the duration of the contract in the case of contracts for a trial period or work experience with a given employer for fixed-term and indefinite contracts.

The period of notice for a contract concluded for a trial period is:

3 working days, if the contract for the trial period does not exceed 2 weeks;

1 week if the trial period is longer than 2 weeks;

2 weeks with a contract for a trial period of 3 months.

On the other hand, the notice period for a fixed-term or an indefinite contract is:

2 weeks for employment of less than 6 months;

1 month, if the employment period is at least 6 months;

3 months for employment of at least 3 years.

Due to the notice period, termination of the employment contract pursuant to Art. 30 § 1 point 2 is beneficial for each party. The employee can use this time, for example, to look for a job, while the employer has the opportunity to find a new employee for the vacated position.