Many employees mistakenly believe that the moment they fall ill, they automatically enter a so-called “protective zone” that shields them from termination under all circumstances. However, the reality of labor law is somewhat more complex. In certain cases, an employer is indeed permitted to deliver a notice of termination—even during a period when the employee is recognized as temporarily incapacitated for work. Therefore, it is crucial to understand the rules that govern when and under what conditions the employment relationship may be terminated during an employee’s incapacity for work.
In this article, we will examine the legal boundaries set by the Labor Code regarding termination during a period of incapacity for work. When can your employer lawfully not dismiss you — and conversely, when might you inadvertently enter a risk zone by breaching statutory rules?
When can your employer dismiss you?
An employer cannot dismiss you without cause. Whether the termination is by notice or immediate dismissal, the employer must meet one of the statutory grounds for termination. Furthermore, the employer must consider whether you are within a so-called protected period.
Employee’s protected period
If you are recognized as temporarily incapacitated for work, you are in a protected period during which your employer may not issue a termination notice. This prohibition arises directly from the Labor Code and aims to protect your position while your health condition prevents you from performing work. Therefore, you need not fear automatic loss of employment solely due to illness.
However, there are exceptions you should be aware of. The protected period does not apply if your incapacity was caused intentionally or resulted directly from intoxication or substance abuse. In such cases, the law explicitly states that the employer may issue a notice of termination — and many employees are unaware of this exception.
Exceptions to the prohibition on dismissal during the protected period
Employer’s dissolution
Although the law protects employees during incapacity for work, this protection is not absolute. One key exception occurs if the employer ceases operations entirely — whether by dissolution of the entire entity or termination of a specific organizational unit in which you work. In such circumstances, your employer may issue a notice of termination even if you are currently recognized as temporarily incapacitated.
This rule is grounded in logic: if the employer ceases to exist or closes the branch where you are employed, it cannot assign work to you after your incapacity ends. The law thus prioritizes the employer’s organizational freedom. It is essential, however, that the closure is genuine and concerns the actual unit where you work, not a formal attempt by the employer to circumvent statutory termination protections.
Relocation of the employer
Another exception permitting termination during incapacity is when the employer or a part thereof relocates outside the agreed place of work stated in your employment contract. In this case, the protective period does not apply.
The relocation must be genuine—not merely a change in the commercial register or replacing signage. Courts, in disputes, examine the factual situation to determine whether the workplace was genuinely moved to a new location where actual work is performed.
Grounds for immediate dismissal
Incapacity for work does not protect you if you commit such a serious breach of your duties that your employer is entitled to terminate your employment immediately. This exception is also provided in the Labor Code and applies during your period of temporary incapacity.
This concerns conduct so serious that continuation of employment—even during the notice period—is impossible. Typical examples include:
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Intentional criminal acts for which you have been convicted and sentenced to unconditional imprisonment (e.g., embezzlement, fraud, violent offenses),
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Especially gross breaches of work duties, such as working elsewhere during incapacity, concealing material facts, or intentionally violating prescribed treatment regimens.
In these cases, the employer may apply immediate dismissal or notice even during your incapacity—the protective period does not apply.
Breach of employee obligations and overcoming protection
Another exception allowing dismissal during incapacity concerns violations of work duties. If you commit a serious or repeated breach of rules arising from your employment contract or legal regulations, the protective period will not shield you.
Let us consider three specific situations employees might face:
Serious breach of employee duties
The employer may dismiss you if you engage in conduct so serious that continuation of employment during the notice period is impossible. This typically involves breaches of duties under law, contract, or internal rules, such as:
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Reporting to work under the influence of alcohol or other intoxicants,
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Willful breach of confidentiality obligations (e.g., leaking internal data),
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Unexcused absence exceeding one day,
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Refusal to comply with a clear and lawful order from a superior.
Persistent minor breaches
Not every breach justifies dismissal on its own. However, repeated minor breaches can cumulatively lead to termination—even during incapacity.
For a dismissal to be valid in such cases, three conditions must be met:
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At least three different breaches within a reasonable timeframe,
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All breaches occurred within the last six months,
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The employer issued at least one written warning (a so-called reprimand letter) indicating that continuation of such behavior may result in dismissal.
Examples of minor breaches include:
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Repeated lateness,
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Frequent failure to meet deadlines,
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Use of phones for private purposes despite prohibition,
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Inappropriate communication with clients without significant consequences.
Gross breach of duties
While the law protects employees during incapacity, it also expects compliance with rules linked to the incapacity regime. A gross breach of such duties can justify dismissal, even when you are ill and receiving sickness benefits.
Especially gross breaches include behavior not directly related to work performance but linked to obligations during incapacity—such as adherence to treatment, prescribed residence, and permitted outings.
Employee rights
Being incapacitated does not grant automatic immunity. The Labor Code provides protection during illness but clearly defines exceptions where the employer may lawfully terminate employment. Whether for organizational reasons or breaches of duties, each case depends on specific circumstances.
Contact Právo zaměstnance (Employee Rights)
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📧 Email: info@pravozamestnance.cz
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