The dismissal procedure has three mandatory steps under Article 144 of the Labor Code. Written notice at least 72 hours before the meeting, the meeting where the employer presents the reasons and the employee expresses themselves, and written notification of the decision within 48 hours up to one week after the meeting. Failure to comply with this procedure results in two months' pay, regardless of the reason for termination.
This page outlines the steps, deadlines, the required proof, cases in which the procedure does not apply, and templates for two notices.
Read also: Ending the Employment Relationship: The Complete Guide
Article 144 sets it up as a sequence of actions with time limits measured in hours, not in business days.
| Step | Action | Deadline |
|---|---|---|
| 1 | Written notice of the meeting | At least 72 hours before the meeting |
| 2 | Meeting where the reasons are presented and the employee is heard. | On the announced date |
| 3 | Written notification of the decision, with concrete reasons. | From 48 hours up to one week after the meeting |
| 4 | Notice period begins according to seniority. | Two weeks to three months, according to Article 143 |
The notification period only begins after the third step. These are two separate deadlines, and confusing them is one of the most costly mistakes.
Read also: Notice periods by years of service
The employer notifies the employee in writing at least 72 hours before the meeting. The notice indicates the date, time, and place of the meeting, as well as the fact that the meeting is held in the context of a possible decision to terminate the employment contract.
Verbal notice does not satisfy the requirement. The burden of proof is on the employer under Article 144(5)(1), so the notice must be delivered in writing or by another verifiable means.
During the meeting, the employer sets out the reasons for the decision they intend to make and gives the employee the opportunity to express themselves. This is the meaning of paragraph 2 of Article 144.
The meeting is not a formality. It is the moment when the employee can provide explanations that could change the decision. Therefore, we recommend keeping a brief minutes, signed by both parties, noting the dates, participants, reasons presented, and the employee's position.
Caution: The employee's failure to attend the meeting does not constitute acceptance of termination nor does it replace the procedure. When the employee fails to appear, the employer records the absence in the minutes and proceeds to the third step within the same timeframes.
The decision is communicated in writing within a timeframe of 48 hours to one week after the meeting. This is an interval, not a single deadline. Notification given immediately after the meeting is premature, while that given after one week is delayed.
In the notice, the employer specifies the reasons for the termination, which relate to factors such as the employee's ability, his conduct, or the company's operational requirements. A general reason, such as reorganization, is not sufficient unless it explains what specifically changed.
During the notice period, when the termination is initiated by the employer, the employee is entitled to at least 20 hours of paid leave per week to seek new employment, in accordance with Article 143, paragraph 5.
Article 144, paragraph 5, directly prescribes the consequence.
| Violation | Consequence | Article |
|---|---|---|
| The procedure is not being followed. | Compensation equal to two months' salary | 144, point 5 |
| The procedural record is missing. | The burden of proof is on the employer. | 144, point 5/1 |
| Reasons are not given in writing. | The solution is called "no reasonable cause." | 146, point 1, letter g |
| Decisions without reasonable grounds | Compensation up to one year's salary | 146, point 3 |
| The notification deadline is not met. | It is treated as a solution with immediate effect. | 143, point 4 |
The two-month salary compensation is added to other compensation; it does not replace them. When the departure is also without reasonable cause, the amounts are combined with the notice-period salary and the seniority bonus.
The lawsuit must be filed within 180 days from the end of the notice period, or within 30 days of discovery when the abusive motive emerges later.
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There are three cases in which Article 144 is not followed, each with its own rule.
For a fixed-term contract, when it is terminated before the end of the term, the procedure of Article 144 is fully applied, in accordance with Article 149, paragraph 3.
Read also: Collective work stoppage and its procedure
Article 147 establishes two time-limited prohibitions. The employer may not terminate the contract while the employee is receiving temporary disability pay for up to one year, nor while the employee is on leave granted by the employer.
When the solution has already started and the notification period has not yet ended, it is suspended during that period and resumes afterward.
These two templates have been prepared by AlProfit Consult under Article 144. They cover the first and third steps.
Notice of Meeting
To: employee's first and last name, job title
From: the company name, NUIS, represented by name and function
Date of notification and time
We inform you that on [date], at [time], at [address/meeting location], a meeting will be held to discuss the progress of your employment relationship and the possibility of terminating your contract.
During the meeting, the reasons for the proposed decision will be presented to you, and you will be given the opportunity to comment on them.
This notice is provided to you at least 72 hours before the meeting, in accordance with Article 144, paragraph 1, of the Labor Code.
Employer's signature
I have been informed of the employee's signature and the date.
NOTICE OF TERMINATION OF EMPLOYMENT CONTRACT
To: employee's first and last name, job title
From: company name, NUIS
Date of notification
Following the meeting held on the meeting date, we inform you of the decision to terminate your employment contract, effective as of the contract date.
The reasons for the solution are described in concrete terms, linked to the company's capabilities, behavior, or operational requirements.
The notice period is the duration under Section 143 and begins on the start date. The employment relationship ends on the termination date.
During the notice period you are entitled to at least 20 hours of paid leave per week to look for a new job, pursuant to Article 143, paragraph 5.
Upon termination of the employment relationship, you will be paid your final period's salary, any unused vacation days, and, when the conditions of Article 145 are met, the longevity award.
Employer's signature
I have been informed of the employee's signature and the date.
Read also: Ready-made templates and forms for employment
On the last day of employment, three accounts are closed: the salary for the period worked, payment for unused leave days under Article 94, paragraph 5, and a seniority bonus when the employment has lasted at least three years.
The departure is also declared to the tax administration on the appropriate form, and this is reflected in Monthly employee and payroll report.
Read also: The longevity award: who benefits and how much it is
At least 72 hours in writing, in accordance with Article 144, paragraph 1, of the Labor Code.
From 48 hours up to one week after the appointment. Earlier or later jeopardizes the procedure.
Compensation equal to two months' salary, in addition to any other possible compensation.
The employer. Article 144, paragraph 5(1), explicitly places the burden of proof on him.
Yes. The reasons relate to the employee's ability, conduct, or the company's operational requirements. Their absence makes the decision unreasonable.
No. During the trial period, five days' notice is sufficient in advance, in accordance with Article 142, paragraph 3.
No. Article 147 prohibits termination during temporary disability for up to one year and during leave granted by the employer.
Within 180 days from the end of the notice period, or within 30 days from the discovery of the abusive motive when it is discovered later.
