When can the employee and the employer resign with immediate effect? Adó.hu wrote what the Labor Code says about this. The extraordinary termination can be done, among other things, with justification (on the part of the employer or the employee) if the other party significantly violates an essential obligation arising from the employment relationship intentionally or through gross negligence.
They also gave examples of when the situation may arise when the employee may use extraordinary notice.
- If your company or boss has not paid wages to the employee.
For this reason, the employee may be entitled to terminate his employment with immediate notice, since one of the most important obligations of the employer is to pay the wages to the employees. The breach of duty is clearly significant, as the employee lives off his salary. If you don’t get it, you will run into difficulties and risk your livelihood. The assessment of intent or gross negligence is necessary on a case-by-case basis, but since the payment of wages is the employer’s basic obligation, if payment is not made, then at least gross negligence can usually be established.
The other grounding case is if one of the parties otherwise exhibits behavior that makes maintaining the employment relationship impossible. In essence, this category can include a wide range of behaviors, but it can typically be
- if the employer makes seriously offensive comments about the employee in public, which may result in a negative perception of the employee.
The article also states that if there is a reason for immediate termination, the right to terminate can be exercised within fifteen days of becoming aware of it (but no more than one year from the occurrence of the reason), and in the case of a crime, it can be exercised until the statute of limitations expires. Failure to meet deadlines is forfeit. Another important rule is that the termination must be in writing.
If, as an employee, we want to use the right to terminate with immediate effect, we must first check whether the circumstances giving rise to the termination exist, and then we must also monitor the deadlines. If all the circumstances are present, then we must formulate a notice that contains exactly the reason for the termination of the legal relationship in accordance with the legal conditions.
An interesting question may also be whether the employee may be entitled to severance pay if he resigns with immediate effect. According to the Officina.hu article if the employee’s termination with immediate effect is legal, then compensation is due, since then the worker is the injured party. As written, in the event of an employee’s immediate termination, the employment relationship is terminated without the employer’s consent. However, in their opinion, the decision should be carefully thought through, because it is only possible to withdraw the immediate termination with the consent of the other party (that is, the employer).