When can an employee give notice and what are the basic forms of terminating an employment contract ?
How can an employment contract be terminated ? Every employee working under an employment contract should know how to terminate an employment contract in several ways:
by notice—with a notice period (2 weeks, 1 month, or 3 months, depending on length of service), which answers the question of
how to terminate an employment contract without notice period- by mutual agreement—if the employee and employer agree on a contract termination date, i.e., how to terminate an employment contract by mutual agreement,
without notice—in situations specified in Article 55 of the Labor Code, e.g., in the event of a serious breach of duty by the employer. This explains how to terminate an employment contract without notice and when an employee can terminate an employment contract without notice.
An employee may submit a notice of termination at any time, and the employer is obligated to accept it. The letter should be in writing and include the date, employee details, employer details, and a signature.
Work without training (e.g. OHS) — what rights does the employee have and what obligations does the employer have?
The Labor Code requires employers to provide occupational health and safety training to employees before allowing them to work.
Initial and periodic training is mandatory, and failure to do so may result in penalties imposed on the employer by the National Labor Inspectorate. An employee has the right to refuse work if they have not completed the training and believe that the working conditions pose a threat to their health or life.
Can you give notice of termination without training? - Practical advice.
Yes, the lack of training does not affect the ability to give notice of termination. The notice period specified in the contract still applies. However, it's worth stating in the letter that the reason for your resignation is the employer's failure to fulfill its training obligation—this can strengthen your position in a potential dispute and is a good example of how to best terminate an employment contract.
When the lack of training poses a threat— when can an employee terminate an employment contract without notice (due to the employer's fault)?
If the lack of training poses a real threat to health or life, the employee has the right to terminate the contract without notice, citing Article 55 § 1 1st of the Labor Code. In such a case, a written statement must be prepared, stating the reason (e.g., lack of occupational health and safety training and health risk). The employee is entitled to compensation equal to the salary for the notice period. This is a typical example of how an employment contract can be terminated without notice.
Risk of termination by the employer (disciplinary dismissal) if you work without training
An employer cannot discipline an employee for refusing to work without training, because, under the law, the employee has the right to refrain from work in a hazardous situation. Disciplinary dismissal in such a case can be successfully challenged in a labor court as illegal dismissal. When can an employer terminate an employment contract without notice and how to resign from a job ? An employer may terminate an employment contract without notice in the event of a serious breach of employment duties, a crime, or the loss of necessary rights. Such termination must be in writing and must include a reason; otherwise, it may be considered illegal dismissal.
How to protect yourself against employer claims (penalties, compensation) after giving notice of termination
To avoid problems:
Submit your notice of termination in writing,
- Keep a copy with acknowledgment of receipt,
- Report a lack of training to the National Labor Inspectorate (PIP) if your employer tried to force you to work under illegal conditions.
Perform your duties until the end of the notice period (if you did not terminate the contract without notice).
Thanks to this, the employer will not have grounds for financial claims.
Settlement Procedure and Rights During the Notice Period - Examinations and Training During the Notice Period
During the notice period, the employer may refer you to overdue occupational health and safety training or medical examinations - you are obligated to attend them. You are also entitled to remuneration for the training period. The employer is obligated to issue an employment certificate on the day of termination.
Simple termination notice template--carbon monoxide must include a letter (example).
Location, date.
Name and surname.
Address.
To: [Employer's name]
Termination of the employment contract.
I hereby terminate the employment contract concluded on [information] with [notice period]
The reason is the lack of occupational health and safety training, which prevents me from safely performing my duties.
Signature employee.
If your employer does not provide training or accept your notice of termination, you should send it by registered mail with acknowledgment of receipt or submit a request to the National Labor Inspectorate. Refusal to accept the notice of termination is ineffective—the receipt is what counts.
F.A.Q.
Question
Can I give notice of termination if I haven't received health and safety training?
Answer
Yes. Lack of training does not prevent the right to terminate. The notice period is calculated as usual, and a lack of occupational health and safety can be cited as a reason for resignation, which will strengthen your position in the event of a dispute.
Question
When does a lack of training entitle an employee to terminate the contract without notice?
Answer
When the lack of training poses a real threat to health or life. You can invoke Article 13 of the Labor Code. 55 of the Labor Code and terminate the contract immediately, demanding compensation in the amount of remuneration for the notice period.
Question
Can my employer dismiss me for disciplinary reasons because I haven't completed the training?
Answer
No, if they didn't organize the training themselves. You have the right to refrain from working in unsafe conditions. In such a situation, a disciplinary dismissal can be challenged in an employment tribunal and your rights restored.
Question
How should I deliver my notice of termination so I have proof of it?
Answer
It's best to deliver the notice of termination in person and ask for a copy to be signed. If your employer refuses to accept your request, send the letter by certified mail with return receipt requested – the date of delivery is the date of receipt.
Question
What should I do if my employer demands compensation after my departure?
Answer
Demand written justification and evidence. If you disagree with the claim, file an objection and seek help from a lawyer or the National Labor Inspectorate. The case can be referred to an employment tribunal, which will assess the validity of the request.
Question
Is the employer required to provide training and medical examinations during the notice period?
Answer
Yes, if required. Your employer may refer you to occupational health and safety training or preventive medical examinations. You are obligated to attend, and the training time is included in your working time.