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Czech Republic - Substantive requirements for dismissals

Substantive requirements for dismissals (justified and prohibited grounds) - Czech Republic - 2010    

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Obligation to provide reasons to the employee: Yes
  • Sec. 50 (4) LC

Valid grounds (justified dismissal): worker's conduct; worker's capacity; economic reasons
  • Sec. 52 LC provides for a list of valid reasons for dismissal that relate to the worker's conduct, the worker's capacity, or economic reasons.

Prohibited grounds: marital status; pregnancy; maternity leave; family responsibilities; filing a complaint against the employer; temporary work injury or illness; race; colour; sex; sexual orientation; religion; political opinion; social origin; nationality/national origin; age; trade union membership and activities; disabilities; performing military or civil service; language; property; birth; state of health; ethnic origin
  • No list of prohibited grounds in the LC but a general prohibition of "any form of discrimination in labour relations" (sec. 16(2) LC).
    There is however an express reference to non discrimination for "claiming rights ensuing from the labour relations in a lawful manner" (Sec. 14(2) LC)
    A list of prohibited grounds with relation to discrimination in labour relations is provided in sec. 4 (2) of the Employment Act (2004).

    Note that the adoption of an Anti-discrimination Act has been discussed at the Parliament but no agreement has been reached so far (2009).

Workers enjoying special protection: workers' representatives; pregnant women and/or women on maternity leave; workers with family responsibilities; workers performing military/alternative service; workers holding an elected position or discharging a public function
  • Sec. 53 (1) LC establishes a prohibition of notice during a "protection period". That applies to:
    * pregnancy
    * maternity and parental leave
    * recognized temporary inability to work due to illness or injury
    * military obligations
    * unpaid leave to exercise of a public office
    * night workers temporary unfit
    Note that except for pregnant women and employee on maternity or parental leave, the protection is not absolute (sec. 54 LC)
    Sec. 61 (2) LC: Special protection for trade union's representatives: mandatory consent of the trade union prior to dismissal.