Eurofound's ERM database on restructuring-related legal regulations provides
information on regulations in the Member States of the European Union and Norway
which are explicitly or implicitly linked to anticipating and managing change.
Czechia: Effects of non-compliance with dismissal regulations
Phase
Law No. 251/2005 Coll., Labour Inspection Act ; Law No. 262/2006 Coll., Labour Code
Native name
zákon č. 251/2005 Sb. zákon o inspekci práce; zákon č. 262/2006 Sb., zákoník práce
Type
Effects of non-compliance with dismissal regulations
Added to database
08 May 2015
Article
§25 Labour Inspection Act, §48 - §73a, (§62 collective dismissals) Labour Code
Description
In the event of an employer not complying with legislation, the labour authorities can impose fines of up to €8,000 (CZK 200,000) or €80,000 (CZK 2 million), depending on the nature of the breach. 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 €400,600 (CZK 10 million). For offences committed in the field of remote working, a fine of up to €12,000 (CZK 300,000) may be imposed.
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 illegally, in the Czech legislation there are no differences regarding collective or individual dismissals.
Commentary
The Labour Code does not include penalty for shortcomings concerning dismissals. It is resolved instead by the Labour Inspection Act.
Additional metadata
Cost covered by
Employer
Involved actors other than national government
Public employment service
Trade union
Works council
Other
Court
Involvement (others)
Labour inspectorate or court
Thresholds
Affected employees: 10 Company size: 20 Additional information: No, applicable in all circumstances
Sources
Ius Laboris (2009), Collective Redundancies Guide, Brussels
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