In certain cases the employer is empowered to terminate the employment contract with immediate effect even without the employee’s fault. Grounds for such termination are connected to the employee’s long-lasting absence.
First, the employment contract may be terminated if the employee’s incapacity to work due to illness:
- is longer than 3 months – with regard to employees whose length of employment with a particular employer is shorter than 6 months,
- is longer than the period covered by sick pay and sickness benefits (i.e. 182 days) and the first 3 months covered by the rehabilitation benefit – with regard to employees whose length of employment with a particular employer is at least 6 months or whose incapacity to work was caused by an accident at work or an occupational disease (irrespective of the length of employment).
Second, the employer may terminate the employment contract without notice if the period of the employee’s justified absence at work for reasons other than illness exceeds 1 month.
Termination is prohibited after the employee has returned to work because the reason for absence ceased to exist.
Moreover, subject to the employer’s situation, the employee dismissed on grounds discussed above should be re-employed if, within 6 months of termination, they report ready to return to work immediately after the grounds for termination have ceased to exist.
As in other cases of termination, the employer’s statement to that effect must be made in writing and provide the reason for termination.