According to Art. 52 § 1 of the Labor Code, the employer may terminate the contract without notice due to the employee’s fault. The reasons for dismissing an employee in this way are:
- an employee committing a crime during the term of the employment contract which prevents him from being employed in the position he holds, if the crime is obvious or has been confirmed by a final judgment;
- serious breach of employee duties;
- culpable by the employee of losing the rights necessary to perform work in the position held.
Disciplinary dismissed employee may still have unused holiday leave. Despite the employee’s fault in his dismissal, the leave is not lost. It should be emphasized that on the day of termination of employment, the employee’s right to a vacation in kind transforms into the right to a cash equivalent for unused vacation leave.The employer is therefore obliged to pay an equivalent for unused vacation due to the lack of a notice period. The equivalent is calculated according to the rules of the Regulation of the Minister of Labor and Social Policy of January 8, 1997 on the detailed rules for granting holiday leave, determining and paying remuneration for the holiday and cash equivalent for the holiday.
Receiving an equivalent for vacation, just like receiving the vacation itself, is not related to the form of termination of employment.
KS