Judicial termination of an employee's employment contract
Verified 23 May 2025 - Directorate for Legal and Administrative Information (Prime Minister)
Where the employee considers that his employer is not respecting his contractual commitments, he can ask the Labor Council (CPH) for the judicial termination of his employment contract. During the entire legal proceedings, the employee works normally. In what situations can the employee apply for judicial termination? We are taking stock of the regulations.
Judicial termination may be requested by the employee in DTA: titleContent.
The employee in CSD: titleContent may apply for judicial termination only in the event of serious misconduct on the part of the employer (e.g. in case of non-payment of salary for 2 months).
Please note
The apprentice and the temporary employee cannot request the judicial termination of their contract.
Judicial termination may be requested in the event of serious deficiencies the employer, in particular in the following cases:
- Failure to provide agreed work (e.g. employer not giving or paying the employee work)
- Removal of a professional vehicle making the employee unable to work
- Degrading remarks that violate the dignity of the employee
- Failure to comply with a safety obligation (for example, the employer does not take action to remedy the psychological suffering of an employee).
If the judicial termination is ordered by the labor council, the employment contract shall be broken from date of judgment.
The employer must pay the employee the following allowances:
- Severance pay
- Compensation for paid leave and notice
- Allowance for wrongful or null dismissal.
If the labor council rejects the application for judicial termination, the employment contract is not broken. It continues under the usual conditions.
Yes, the employee receives a return-to-work allowance (RWA)) if he fulfills the conditions to benefit from it.
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Termination of the contract at the initiative of the employer or employee
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Termination of the apprenticeship contract