In most European countries, an employer cannot terminate a foreign worker without notice, unless there is serious misconduct or exceptional legal grounds.
Employment rights in EU countries are protected under national labor laws aligned with principles set by the European Union. These protections apply to both local and foreign workers.
General Rule in EU Countries
If a foreign worker has:
-
A valid employment contract
-
A legal residence or work permit
-
Completed probation (in many cases)
Then the employer must:
-
Provide written notice
-
Respect the legal notice period
-
Give a valid reason (in many countries)
Immediate termination without notice is usually only allowed in serious cases.
When Is Termination Without Notice Allowed?
An employer may terminate without notice in cases of:
-
Theft or fraud
-
Violence at the workplace
-
Serious breach of contract
-
Gross misconduct
-
Repeated disciplinary violations
This is often called “summary dismissal” or “instant termination.”
However, the employer must usually prove the misconduct.
What About During Probation?
In many countries such as:
-
Germany
-
France
-
Poland
-
Spain
During the probation period:
-
Notice periods are shorter
-
Termination is easier
-
Reasons may not always need detailed justification
But even during probation, basic legal procedures must be followed.
Does Being a Foreign Worker Change the Rule?
No. Foreign workers with legal work permits have the same labor rights as local employees.
An employer cannot terminate someone without notice simply because:
-
Their visa is temporary
-
They are from another country
-
They are on a fixed-term contract
Discrimination based on nationality is illegal in most EU countries.
What Happens to the Work Permit After Termination?
If a foreign worker is terminated:
-
The work permit may become invalid
-
The residence permit may depend on employment status
-
Some countries allow a job search period (usually 1–6 months)
Rules differ by country, so workers should check local immigration authorities.
What Should a Foreign Worker Do If Terminated Without Notice?
If you believe termination was unfair:
-
Request written termination documentation
-
Check your employment contract
-
Contact a labor lawyer or trade union
-
File a complaint with the labor court (if applicable)
Many EU countries allow workers to challenge unfair dismissal within a limited time (often 2–3 weeks).
Important Points to Remember
-
Notice periods are legally required in most cases
-
Serious misconduct is the main exception
-
Foreign workers have equal protection
-
Wrongful dismissal can be challenged
Always keep copies of:
-
Employment contract
-
Pay slips
-
Work permit
-
Termination letter
Frequently Asked Questions (FAQs)
1. Can an employer fire a foreign worker immediately?
Only in cases of serious misconduct.
2. Is notice mandatory in fixed-term contracts?
Usually yes, unless the contract ends naturally on the agreed date.
3. Can a foreign worker sue for unfair dismissal?
Yes, in most EU countries.
4. Does visa status affect termination rights?
No, labor rights remain protected, but visa status may affect residence.
5. How long is the typical notice period in Europe?
Usually between 2 weeks and 3 months, depending on country and contract.