Employee’s Right to Immediate Resignation and Compensation under Article 55

Employees bound by an employment contract can terminate it with immediate effect without a notice period and claim compensation under specific legal conditions, strictly within a 30-day deadline.

Termination Without Notice Under Labor Law

Termination of an employment contract with immediate effect is most commonly associated with disciplinary dismissal initiated by the employer. However, labor law is built on the principle of equal protection for both parties, meaning employees possess an equivalent legal tool to resign overnight if conditions threaten their health or the employer grossly violates regulations.

An employment contract entails mutual rights and obligations. When an employer fails to pay wages regularly or guarantee safe and hygienic working conditions, the employee is not bound to the standard notice period and may opt for immediate termination due to the employer’s fault, which carries specific financial and legal consequences.

Reason One: Employee’s Health Confirmed by Medical Certificate

The first premise enabling the immediate termination of an employment contract relates to the employee’s health status, pursuant to Article 55 § 1 of the Labor Code. This requires an official medical certificate issued by an occupational medicine physician stating that the current work has a harmful effect on the employee’s health.

The opinion does not automatically dissolve the employment relationship; the employer must first transfer the employee to another suitable position indicated in the certificate. If the employer ignores the certificate or reports a lack of vacancies, the employee gains the right to leave the company immediately.

Reason Two: Severe Violation of Basic Employer Obligations

The second and more common cause for immediate termination is when the employer commits a severe violation of basic obligations toward the employee, under Article 55 § 1¹ of the Labor Code. This violation must feature a high degree of fault and pose a real threat to the employee’s material or personal interests.

Severe violations include jeopardizing the right to timely remuneration and the protection of health and life in safe working conditions. Such actions justify the employee’s immediate departure from the company without adhering to the standard notice period.

Compensation Amount and Calculation for the Employee

Departing from work with immediate effect due to the employer’s fault entitles the employee to compensation under Article 55 § 1¹. The financial recompense is directly tied to the length of the notice period that would have applied under a standard termination.

For a length of service under 6 months, the compensation equals a 2-week salary; from 6 months to 3 years, it equals a 1-month salary; and above 3 years, it equals a 3-month salary. The compensation is calculated using the rules applied for holiday pay equivalents.

Risks for the Employee and Employer Counterclaims

Applying the right to immediate departure carries significant risk if the employer deems the arguments unfounded and brings the matter to the labor court. Under Article 61¹, if the termination is unjustified, the employer is entitled to a claim for compensation.

If the labor court rules that no severe violation occurred, the roles reverse, and the employee is obliged to pay the company compensation equivalent to the notice period salary. Furthermore, the employment termination record in personal files may be challenged.

Procedure and Formalities: Submitting the Statement in 30 Days

Effective termination under Article 55 of the Labor Code requires strict adherence to formal rules. The statement must be in writing, delivered personally with confirmation or sent by registered mail with return receipt, and contain precise justifications rather than general formulations.

Pursuant to Article 55 § 2 in connection with Article 52 § 2, the statement must be made within a preclusive deadline of 1 month (30 days) from the day the employee learned of the justifying circumstance. Exceeding this period renders the statement defective.

Summary and Judicial Safeguards

The option to immediately abandon an employment position due to the employer’s fault provides a powerful tool to protect dignity, health, and rights. Due to potential litigation risks, the decision must be backed by reliable evidence and strict compliance with the 30-day deadline.