Zákonník práce
Labour code
Article
Description
According to Act No. 311/2001 Coll. of the labour code, at least one month before the start of collective dismissal, consultations with the employee representative or the affected employees need to be held with the aim of reaching an agreement. Employers should attempt to minimise redundancies, try to redeploy the affected employees within other workplaces at the organisation and reduce the negative impact of the collective redundancy (dismissals of at least 10 employees in companies with 21-99 workers, at least 10% of staff in companies with 100-299 workers, or at least 30 employees in companies with 300 or more workers, within 30 days). Then the employer has to submit in written the outcomes of consultations with the employee representatives on measures to mitigate the unfavourable impact of collective dismissal on employees to the competent employment office of the headquarters of Employment, Social Affairs and Family (ÚPSVaR). During the available time to the start of dismissals, the employment office should look for ways of employing the redundant employees elsewhere, and ways of employing the redundant employees after retraining.
Comments
There is no particular obligation for the employers to seek 'effective' measures which will be able to avoid the negative aspects of the restructuring process. It is not easy for the employer to adopt some alternatives to redundancies because the employer is constrained by his/her financial situation and in some cases (e.g. redeployment at other workplaces) the employer needs consent of the employee concerned. In many cases of restructuring, it is not particularly common for the employer to adopt any additional measures with the aim of reducing the number of redundancies.
Cost covered by
- Employer
Involved actors other than national government
- Public employment service
- Trade union
- Works council
- Other
Involvement others
Thresholds
Sources
- DG Employment, Social Affairs and Equal Opportunities/Héra (2011), Selected companies’ legal obligations regarding restructuring
- Ius Laboris (2009), Collective Redundancies Guide, Ius Laboris, Brussels
- EMCC: Legal framework of restructuring
- Ministry of Labour, Social Affairs and Family of the Slovak Republic (MPSVR SR) (Labour Code)
Eurofound welcomes feedback and updates on this regulation
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