EMCC European Monitoring Centre on Change

Czechia: Effects of non-compliance with dismissal regulations

Czechia
Phase: Management
Τύπος:
Effects of non-compliance with dismissal regulations
Τροποποιήθηκε: 06 December, 2021
Εγγενές όνομα:

Zákon o inspekci práce, zákon č. 251/2005 Sb.; Zákoník práce, zákon 262/2006 Sb.

Όνομα στην Αγγλική:

Labour Inspection Act (Law No. 251/2005 Coll.); Labour Code (Law No. 262/2006 Coll.)

Άρθρο

25 Labour Inspection Act, 48 - 73a, (62 collective dismissals) Labour Code

Περιγραφή

In the event of an employer not complying with legislation, the labour authorities can impose a fine of up to 74,100 (CZK 2 million). If the employer does not conclude a wage agreement in writing, an agreement to complete a job or an agreement to perform work, the fine could be up to €370,400 (CZK 10 million).

Employers must inform the public employment service and trade union or works council about a collective dismissal. Terminations of employment in the context of a collective dismissal (within 30 days, dismissals of at least 10 workers in companies with 20-100 employees, at least 10% in firms with 101-300 employees or 30 workers in larger firms) are not invalid just because the employer failed to deliver to the competent labour office a written report of its decision on the collective dismissal or did not inform about it the relevant trade union or a works council.

If an employer fails to comply with the legal requirements, the employees can address a complaint to the regional labour inspectorate to conduct the inspection in the company or sue in court.  

From the point of view of the employee who was laid off illegallyin the Czech legislation there are no differences regarding collective or individual dismissals.

Σχόλια

The Labour Code does not include penalty for shortcomings concerning dismissals. It is solved by  the Labour Inspection Act.

Cost covered by
  • Employer
Involved actors other than national government
  • Public employment service
  • Trade union
  • Works council
  • Other
Involvement others
Labour inspectorate or court
Thresholds
20
10
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