Procedural requirements for individual dismissals - Czechia - 2019
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- Labour Code [LC], Act No. 262/2006, as amended by Act No. 365/2011 Coll. which took effect on 1 April 2012
Date: 01 Apr 2012 (view in NATLEX »)
- Employment Act [EA], Act No. 435/2004, reviewed by Act No.206/2017 Coll., which took effect on 29th July 2017.
Date: 29 Jul 2017 (view in NATLEX »)
- Act No.198/2009 Coll. of 23 April 2008 on equal treatment and on the legal means of protection against discrimination and on amendment to some laws (the Anti-Discrimination Act).
Date: 23 Apr 2008 (view in NATLEX »)
- Collective Bargaining Act (Act No. 2/1991), as amended.
Date: 31 Jan 2007 (view in NATLEX »)
Notification to the worker to be dismissed: written
- According to the Sec. 51 LC "The notice shall be at least 2 months".However with the amendments which came into force in 2012 one exception to the above mentioned rule has been added. Section 51.a LC now states: "Where notice has been given by an employee in connection with transfer of rights and obligations arising from the labour relations, it shall apply that his employment relationship will latest come to an end either on the day preceding the date when the transfer of the said rights and obligations takes effect or at the date when the transfer becomes effective."
No reference to the length of service.
- tenure ≥ 6 months
- tenure ≥ 9 months
- tenure ≥ 2 years
- tenure ≥ 4 years
- tenure ≥ 5 years
- tenure ≥ 10 years
- tenure ≥ 20 years
Pay in lieu of notice: No
Notification to the public administration: No
Notification to workers' representatives: Yes
- Sec. 61 (1) LC. Notification is mandatory in both cases of ordinary dismissal and immediate termination (serious misconduct).
Approval by public administration or judicial bodies: No
Approval by workers' representatives: No
- However, according to sec. 61 (2), (3), (4) LC approval by the trade union is requested when the dismissal or the immediate termination concerns a trade union member. In the absence of consent, such dismissal is void unless ruled otherwise by the Court.