The length of the notice period is prescribed by law. In some cases, the parties to an employment contract may agree that the notice period will differ from the statutory period. This is permissible.<\/p>\n
After notice has been given, the parties may agree that the employment contract will terminate earlier (Article 36 \u00a7 6 of the Labour Code). The parties have full discretion as to how much they shorten the notice period by. Such an agreement does not change the method of termination and the contract will still terminate by notice rather than by mutual agreement of the parties.<\/p>\n
The notice period may also be shortened unilaterally by the employer, i.e. without the employee\u2019s consent (Article 36\u00b9 of the Labour Code). The employer may exercise this right where the termination is due to the employer\u2019s bankruptcy or liquidation, or due to other reasons not attributable to the employee, such as the elimination of a position. This form of shortening the notice period is possible only at the time when the employer gives notice. It cannot be applied at a later stage.<\/p>\n
The employer may only unilaterally shorten a three-month notice period, but to no less than one month. The employee is entitled to compensation for the shortened period. This period is also included in the employee\u2019s period of employment for the purposes of determining the length of service where the employee remains unemployed.<\/p>\n
Information on the shortening of the notice period under Article 36\u00b9 of the Labour Code must be included in the employment certificate.<\/p>\n