Extraordinary termination

In the event of extraordinary termination, neither the employer nor the employee have the obligation to comply with the notice period, but they must prove the existence of a justified reason for dismissal

Both the employer and the employee may opt for extraordinary termination of an employment contract concluded for a definite or indefinite period of time. In case of extraordinary termination, neither the employer nor the employee have the obligation to comply with the statutory or agreed notice period.

Reasons and notice period

Employment is terminated by extraordinary termination when, due to a particularly serious breach of employment obligation or due to some other particularly important fact, taking into account all the circumstances and interests of both parties, the continuation of employment is not possible.

In case of this type of termination, both the employer and the employee must prove the existence of a justifiable reason, and the employment contract may be terminated only within 15 days from the day of the acknowledgement of the fact on which the termination is based.

If, as an employee, you have filed a request for extraordinary termination of employment due to conduct of your employer, you are entitled to unemployment benefit.

Non-payment of remuneration is a particularly justifiable reason for the extraordinary termination of employment contracts 

Challenging the dismissal

If an employee believes that their employer has unlawfully dismissed them, they may, within 15 days from the date of the proper notification of the decisionon, file a complaint with the employer and request that they reconsider their decision to dismiss. The employer can respond positively to it within 15 days from receiving the complaint.

If the employer does not respond or responds negatively within the given deadline, the employee can file a lawsuit before the competent court within a further period of 15 days.

In doing so, the employee should bear in mind that, by missing these deadlines, they lose the right to seek the exercise of their rights in court. The exception in this sense are monetary claims - for them the employee does not need to seek the exercise of rights from the employer, and they become obsolete in five years from the date of maturity.