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: Obligation to consider alternatives to collective dismissals
Zákoník práce, zákon č. 262/2006 Sb.; Zákon o zaměstnanosti, zákon č. 435/2004 Sb.
Type
Obligation to consider alternatives to collective dismissals
Added to database
08 May 2015
Article
62 Labour Code, 110 Employment Act
Description
The purpose of consultations with the trade union organisation or the works council is to reach an agreement on the measures aimed at preventing or reducing collective dismissals (within 30 days, dismissals of at least 10 workers in companies with 20-100 employees, at least 10% in companies with 101-300 employees, or at least 30 workers in companies with more than 300 workers), the mitigation of their adverse effects for employees, and the possibility of placing workers in suitable jobs at another employer’s place of work.
The Labour Office may conclude an agreement with the employer concerning the acquisition, upgrading or extension of a worker’s qualifications. If employee's retraining is carried out on the basis of an agreement with the Labour Office, it can fully or partially cover the associated expenses.
If a training facility supplies the employee's retraining for an employer, an agreement is concluded among the employer, the retraining facility and the Labour Office.
Retraining of employees involving the acquisition, upgrade or extension of a qualification that takes place during working hours may be regarded as an obstacle to work on the part of the employee. For this period, the employee is entitled to an average earnings refund of wages. Retraining outside working hours takes place only if necessary.
Commentary
Data on the number of workers shown in the table were enrolled into retraining (in terms of active employment policy) can be accessed here through the Ministry of Labour and Social Affairs. Such provided retraining activities also include cases where an agreement has been concluded with the employer, concerning the acquisition, upgrade or extension of a worker’s qualifications. However, the share of people who have been retrained due to collective dismissals is not registered.
Additional metadata
Cost covered by
Employer
National government
Involved actors other than national government
Public employment service
Trade union
Works council
Other
Involvement (others)
Training facility
Thresholds
Affected employees: 10 Company size: 20 Additional information: No, applicable in all circumstances
Sources
DG Employment, Social Affairs and Equal Opportunities/Héra (2011), Selected companies’ legal obligations regarding restructuring
Ius Laboris (2009), Collective Redundancies Guide, Brussels
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