Termination of employment contract without prior notice to the employee
The search for a new job often coincides with the period of employment with the current employer. Typically, employees plan to take on a new job immediately after the end of their previous contract. What should you do if your new employer wants you to start working as soon as possible? Can an employee terminate an employment contract without notice, i.e. immediately?
The Labor Code in art. 55 provides for the possibility for either party to terminate the employment contract with immediate effect. This is called termination of the employment contract without notice. Therefore, there is no need for a notice period to elapse from the presentation of the employer’s or employee’s declaration of intent to terminate the employment relationship. When can an employee use this modality?
There are 2 cases in which an employee can terminate an employment contract unilaterally without prior notice and they include:
- Possession of a medical certificate proving the harmful impact of the work performed on the worker’s health, with the employer not transferring the worker, within the period indicated in the medical certificate, to another job suitable to his/her state of health and professional qualifications;
- The employer has committed a serious breach of fundamental duties towards the employee.
Art. 55 § 1º The employee may terminate the employment contract without prior notice if a medical certificate is issued proving the harmful impact of the work performed on the employee’s health and the employer does not transfer him within the period stipulated in the medical certificate to another job suitable to his state of health and his professional qualifications.
§ 11. The employee may terminate the employment contract in the manner provided for in § 1 also if the employer has committed a serious breach of basic obligations towards the employee; in this case, the employee is entitled to compensation in the amount of the remuneration for the period of notice. In the event of termination of an employment contract concluded for a fixed period, compensation in the amount of the remuneration corresponding to the duration of the contract, but not exceeding the period of notice, shall be due.
§ 2º The employee’s declaration of termination of the employment contract without prior notice must be made in writing, stating the reason justifying the termination of the contract. The provisions of art. 52 § 2 shall be applied accordingly.
§ 3º Termination of the employment contract for the reasons provided for in § 1º and 11 entails the consequences that the legal provisions attribute to the termination of the contract by the employer with prior notice.
Termination of contract without notice due to new employment – what are the consequences?
Therefore, the Labor Code does not provide for the application of an immediate procedure for terminating the employment contract in the event of a search for new employment. However, if the employee terminates the contract for this reason, this procedure will be unjustified. Therefore, the employer may demand compensation from the employee. This is dealt with in art. 611 of the Labor Code:
Article 611 In the event of unjustified termination of the employment contract by the employee without prior notice pursuant to Art. 55 § 11, the employer is entitled to a claim for compensation. The compensation is decided by the Labor Court.
Art. 612 § 1º. The compensation referred to in art. 611 is entitled to the value of the employee’s remuneration for the period of notice. In the event of termination of an employment contract entered into for a fixed term, compensation is due in the amount of remuneration corresponding to the duration of the contract, but not exceeding the period of notice.
§ 2 In the event of a decision by the Labor Court regarding compensation, the provisions of art. 55 shall be observed. § 3 shall not apply.
How to terminate a contract in accordance with the regulations?
If an employee finds a new job and wishes to terminate the current contract early, he or she can agree on an earlier date for termination of the contract together with the employer. In this case, a solution is applied by mutual consent of the parties. However, if the employer wants the employee to stay with the company longer, it is better to make this clear to the future employer. You should calculate when the contract will be terminated with notice or agree with your employer on a date that is satisfactory to both parties. The future employer should also value the job applicant’s loyalty to the job. This behavior will prove that he or she is trustworthy.
Legal basis
Law of June 26, 1974, Labor Code (Official Gazette of 2023, item 1465)
