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Czech Republic
 


Source and scope of regulations - 2010    

References
  • Labour Code [LC], Act No. 262/2006
    Date: May 2006; view website » (view in NATLEX »)
  • Employment Act [EA], Act No. 435/2004, as amended through Act No 213/2007
    Date: 2007; view website »
Scope
Size of enterprises excluded (≤): 20
Remarks:
  • Exclusion only applicable to collective dismissals: see definition of collective dismissal in art. 62 (1) LC.
    However, the rules on individual dismissals apply to all enterprises.


Workers' categories excluded: civil/public servants; police; army; judiciary
Remarks:
  • See sec. 5 (4) LC : "The labour relations of judicial trainees, public prosecutors, junior lawyers and employees, who perform state administration in administrative authorities shall only be subject to the Labour Code where it is so expressly laid down in this Code or in another Act".

    European Commission, Termination of Employment Relationship - Legal situation in the following Member States of the European Union: Bulgaria, Cyprus, the Czech Republic, Estonia, Hungary, Latvia, Lithuania, Malta, Poland, Romania, Slovakia and Slovenia, 2007, [hereafter cited as: European Commission Study, 2007], p. 21: "There is a separate special regulation of employment (service) relationship in the following cases, where ordinary rules of the Labour Code do not apply: judges and judicial trainees, public prosecutor and their clerks, member of the security forces, members of the armed forces, (other) civil servants"

Types of employment contracts - 2010    

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Maximum probationary (trial) period: 3 month(s)

Remarks:
  • Sec. 35 LC

Fixed term contract (FTC):
  • FTC regulated: Yes
  • Valid reasons for FTC use: no limitation
  • Maximum number of successive FTCs: no limitation
    Remarks:
    • Sec. 39 LC does not refer to any maximum number of successive FTC, but only to a maximum cumulative duration of 24 months.
  • Maximum cumulative duration of successive FTCs: 24 month(s)
    Remarks:
    • General rule: sec. 39 (2): maximum 24 months.
      In addition, 6 months are necessary between 2 fixed-term contracts.
      However, this limitation (max. 24 months) does not apply in cases listed in sec. 39 (3), i.e.: when the FTC is concluded for the purpose of temporary replacement of an absent employee, when there are serious operational reasons on the part of the employer or reasons relating to the special nature of work to be performed provided that the reasons are specified in a written agreement between the employer and the trade union organization.
  • % of workforce under FTC: 8.8 %
    Remarks:
    • Source: Eurostat, annual average 2010.
      The figure refers to the percentage of employee of total number of employee with a contract of limited duration (= temporary job).
      Eurostat data are based on the following definition:
      "A job may be considered temporary if employer and employee agree that its end is determined by objective conditions such as a specific date, the completion of a task or the return of another employee who has been temporarily replaced (usually stated in a work contract of limited duration). Typical cases are: (a) persons with seasonal employment; (b) persons engaged by an agency or employment exchange and hired to a third party to perform a specific task (unless there is a written work contract of unlimited duration); (c) persons with specific training contracts."

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

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


Valid grounds (justified dismissal): worker's conduct; worker's capacity; economic reasons
Remarks:
  • 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
Remarks:
  • 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
Remarks:
  • 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.


Procedural requirements for individual dismissals - 2010    

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Notification to the worker to be dismissed: written

Remarks:
  • Sec. 50(1) LC

Notice period:
Remarks:
  • Sec. 51 LC : "The notice shall be at least 2 months". No reference to the length of service.
    • tenure ≥ 6 months
      • 2 month(s).
    • tenure ≥ 9 months
      • 2 month(s).
    • tenure ≥ 2 years
      • 2 month(s).
    • tenure ≥ 4 years
      • 2 month(s).
    • tenure ≥ 5 years
      • 2 month(s).
    • tenure ≥ 10 years
      • 2 month(s).
    • tenure ≥ 20 years
      • 2 month(s).

    Pay in lieu of notice: No

    Notification to the public administration: No

    Notification to workers' representatives: Yes

    Remarks:
    • 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

    Remarks:
    • 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.

    Procedural requirements for collective dismissals for economic reasons (redundancy, retrenchment) - 2010    

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    Definition of collective dismissal (number of employees concerned):
    Over a period of 30 days, at least:
    1) 10 employees out of a total of 20 to 100 employees
    2) 10% of employees out of a total of 101 to 300 employees
    3) 30 employees out of a total of more than 300 employees

    Remarks:
    • Sec. 62(1) LC.

    Prior consultations with trade unions (workers' representatives): Yes

    Remarks:
    • 30 days in advance: sec. 62 (2) LC.

    Notification to the public administration: Yes

    Remarks:
    • 30 days in advance: sec. 62 (4) LC.

    Notification to workers' representatives: Yes

    Remarks:
    • Sec. 62 (2), (5) LC.

    Approval by public administration or judicial bodies: No

    Approval by workers' representatives: No

    Priority rules for collective dismissals (social considerations, age, job tenure): No

    Remarks:
    • No criteria listed in the legislation.
      However sec. 62 (2) e) and 62 (4) state that the selection criteria should be one of the elements to be communicated to the labour office and to the trade union within the framework of the process of consultation.

    Employer's obligation to consider alternatives to dismissal (transfers, retraining...): Yes

    Remarks:
    • Sec 62 (3) LC refers to the purpose of consultation being "to reach an agreement, in particular with regards to measures aiming at prevention or reduction of collective dismissals, the mitigation of their adverse implications for employees, especially the possibility of their placement in suitable jobs at the other employer's places of work".
      However, the formal adoption of a social plan is not a requirement.

    Priority rules for re-employment: No

    Severance pay and redundancy payment - 2010    

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    Severance pay:
    Remarks:
    • No statutory severance pay except in the event of a dismissal of an employee who is not allowed to perform his work due to an industrial injury or occupational disease (sec. 67(1) LC)
      Redundancy payment:
      Remarks:
      • Sec. 67 LC: This section refers to "an amount of at least three times the average earnings" for economic dismissal.
      • tenure ≥ 6 months: 3 month(s)
      • tenure ≥ 9 months: 3 month(s)
      • tenure ≥ 1 year: 3 month(s)
      • tenure ≥ 2 years: 3 month(s)
      • tenure ≥ 4 years: 3 month(s)
      • tenure ≥ 5 years: 3 month(s)
      • tenure ≥ 10 years: 3 month(s)
      • tenure ≥ 20 years: 3 month(s)

      Notes / Remarks
      1) dismissal based on the worker's conduct or capacity: no severance pay
      2) dismissal (individual and collective) for economic reasons: redundancy payment
      3) dismissal of an employee who is not allowed to perform his work due to an industrial injury or occupational disease: severance pay (at least 12 months) (sec. 67(1) LC)

      Avenues for redress (penalties, remedies) and litigation procedure for individual complaints - 2010    

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      Compensation for unfair dismissal - free determination by court: Yes

      Remarks:
      • Sec. 69 (1) LC

      Reinstatement available: Yes

      Remarks:
      • Sec. 69 (1) LC.
        As a consequence of a court's decision of the invalidity of termination of the employment relationship by the employer, continuation of that relationship is the rule, unless the employee has no interest in further continuation.

      Preliminary mandatory conciliation: No

      Competent court(s) / tribunal(s): ordinary courts

      Remarks:
      • Sec. 72 LC refers to the competent Court. No labour courts in the Czech Rep.

      Existing arbitration: No

      Source of additional information - 2010    

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      Links

      Profile of National Legislation covering Termination of Employment (no longer updated) »