Evaluating the Intensity of a Breach of Duty by Employee

As we have already informed you, Act No. 262/2006 Coll., Labour Code, explicitly specifies under which circumstances and in which way an employer is allowed to terminate an employment law relationship.

In case that a breach of a duty arising of the legal regulations applicable to the work performed by the employee is the reason for the termination of an employment law relationship, the intensity of such breach is the key factor for the decision how the employment law relationship will be terminated. The Supreme Court of the Czech Republic has recently dealt with a question of evaluation of intensity of a breach of duty by employee (Reference Number 21 Cdo 1822/2013).

According to the opinion of the Supreme Court it is not correct to come to a conclusion that in case that an employee breaches his duties arising from the work performed by him repeatedly and in the long term, in spite of oral and written reproaches of the employer, the intensity of such breach should be evaluated more moderately. Because of this it is possible also in this case to terminate the employment law relationship by immediate termination. The conclusion that it is possible to terminate the employment law relationship only by notice because continued employment of the employee during the notice period would not be particularly complicated for the employer in comparison with the previous period is incorrect.