EELC

Sex discriminatory decision not to rehire does not lead to reinstatement

In his article, Michal Vrajik talks about different approaches to the burden of proof in Czech law when claiming discrimination. He says that the burden of proof of alleged discrimination in Czech labour law cases is distributed between the parties in compliance with the relevant EU Directives. The plaintiff must first present facts based on which it can be presumed that he or she was subject to discrimination and only then in the defendant required to try to prove that the principle of equal treatment was not breached. In case where the alleged discrimination was caused by a selection procedure in which another candidate was successful and was offered the job, in order to have a chance of success, the plaintiff must also claim that the selection procedure itself was discriminatory.

Date: Sunday, May 31, 2015
In some cases the Supreme Court allows new probationary period in connection with transfer

In her article, Natasa Randlova summarizes judgement of the Supreme Court of the Czech Republic, regarding transfer of undertakings. In this judgement it is stated that the judgement of an undertaking occurs when a contract with a franchisee is terminate and the franchisor immediately starts running the same business on the same premises. Furthermore, it is stated that when the franchisee agrees to the termination of employment of its employees, the franchisor may, in this case validly agree new employment contracts under new terms even though the employees actually perform their work without interruption. Moreover the new terms may, under some circumstances, also contain a new probation period.

Date: Saturday, January 31, 2015
Potential breakthrough for employee requests for reduced working hours

In his article, Ondrej Chlada summarizes the judgement of the Supreme Court of the Czech Republic saying that an employer may decline an employee’s request for reduced working hours or a different distribution of working hours if the employer has serious operational reasons for doing so, even if the employee applies for the reduction in order to take care of a child under 15 or a disabled person or because she is pregnant.

Date: Tuesday, October 7, 2014
How to calculate unemployment benefits in cross-border situations; ‘typical’ and ‘atypical’ frontier workers

Natasa Randlova contributed to the August issue with her article regarding frontier workers. In particular, the author reviews the situation when a person was employed in a state, not being that of his residence, and he/she does not return to his state of residence at least once a week. In this respect, this person has a choice of where to apply for unemployment support: in his/her state of residence or in his/her state of work. If such a ‘frontier worker’ applies for unemployment support in his/her state of residence, the amount of that support should be calculated based on the earnings a worker in a similar job earns in the state of residence and not on the applicant’s own previous earnings.

Date: Monday, August 4, 2014
Transfer of undertaking may happen in unexpected cases

In her article, Natasa Randlova summarizes the judgement of the Supreme Court of the Czech Republic saying that there is a transfer of an undertaking not only in cases where the employer’s undertaking, or part of it, is transferred to another employer based on an agreement or other legal reason but also where a company ceases to trade and another company owned by the same people starts to perform the same activities in the same premises, for the same clients but without any agreement on the transfer of the business itself, but where equipment has been contractually transferred between the two companies.

Date: Wednesday, February 26, 2014
“Uncertain funding” can make work “special”, thus justifying the renewal of fixed term contracts

Natasa Randlova contributed to the January issue with her article, which describes a judgement of the Supreme Court of the Czech Republic regarding the special nature of preformed work. The judgement was special because it said that the ‘special nature of the work’ does not have to be based directly on the work itself, but may also be based on external factors that determine conditions under which the employment contract is concluded and the work is performed.

Date: Thursday, January 16, 2014
Which employer to sue in the event an invalid dismissal is followed by a transfer of undertaking?

Natasa Randlova contributed to this issue with her comments on the ruling of the Czech Supreme Court concerning situation when an invalid dismissal is followed by a transfer of undertaking. This ruling of the Supreme Court is important for both employees and employers, since it advises them how to proceed in the case of invalid dismissal followed by a transfer of undertaking.

Date: Monday, July 1, 2013
Obligation to wear uniform during breaks does not disqualify those breaks as unpaid "rest breaks"

In this article, Romana Kaletova analyses a decision of the Supreme Court of the Czech Republic regarding rest breaks of employees wearing uniform during these breaks with a possibility to be called to perform work (such as policemen). The Supreme Court turned on the distinction between a regular break and a period, not being a regular break, during which the employee does not work.

Date: Monday, July 1, 2013
Not all employee representatives need necessarily enjoy the same conditions for their activities

The article, issued in January 2013, comments on the ruling of the Supreme Court of the Czech Republic concerning trade union representation. In its ruling, the Supreme Court stated that the employer is obliged to create satisfactory conditions for the proper performance of trade unions and their activities, and bear the necessary costs. The particular needs of every trade union, however, may differ. That means that the court may consider other factors, such as the number of members, or the real purpose of the trade union, to find out if the requirements of the trade union are reasonable.

Date: Friday, April 5, 2013
Concept of construction dismissal

Natasa Randlova contributed to this issue with her article about bullying. In the article you may read what may be the consequences of bullying of employee by his superior and what can happen when this employee decides to terminate his employment by an agreement. Article is based on a judgment of the Czech Supreme Court, that dealt with this exact problem and came up with a solution, that you may also read in the article.

Date: Tuesday, January 22, 2013
Supreme Court accepts dismissal for private computer use despite monitoring without warning

An employer may monitor whether its employees use company computers for private purposes, even without their knowledge and, if it appears that an employee has used a company computer to visit website unrelated to work, it may dismiss the employee for cause.

Date: Thursday, November 1, 2012
Inviting for job interview by email not discriminatory

This time, Natasa Randlova contributed with her article to the section focused on discrimination. In the case, the Supreme Court judged that inviting an applicant for job interview only by email was not dicriminatory as the employer had now intention to disadvantage any of the applicants.

Date: Wednesday, August 1, 2012
One company cannot transfer staff to another against their will in the absence of a transfer of undertaking

In the article, Romana Kaletova analyses the decision of the Czech Supreme Court dealing with transfering employees from one employer to another only based on a contract as concluded between these employers. The Court concludes that such agreement does not constitute sufficient legal basis for the transfer of employees and therefore is invalid.

Date: Sunday, April 1, 2012
Czech Supreme Court accepts broad “transfer” definition

In the article, Natasa Randlova returns to the case of the Czech Supreme Court from July 2010 dealing with the transfer of rights and obligations from employment law relationships. In the case, The Supreme Court included the transfer of activities from one employer to another in the broad definition of the transfer of rights and obligations. The author describes two different sets of rules contained in the Commercial Code and the Labour Code. In fine, she presents also a German and British commentary to the issue.

Date: Tuesday, February 1, 2011
Claim for invalid dismissal crosses over to transferee

The article by Romana Kaletova opines to the judgement of the Supreme Court of the Czech Republic regarding the transfer of rights and obligations in labour-law relationships. The rights and obligations of an employee who was dismissed invalidly prior to a transfer of undertaking cross over to the transferee. In this particular case, however they remain with the transferor on account of a judicial error.

Date: Wednesday, December 1, 2010
Transfer of undertaking despite termination by the transferor followed by a new contract with the transferee

The article by Natasa Randlova analyses a decision of the Czech Supreme Court addressing the termination of employment contract and right to severance compensation in case of transfer of rights and obligation situation, where the employment contract with the transferor is expressly terminated and a “new” contract is entered into with transferee.

Date: Monday, August 2, 2010
Anti-discrimination rules also apply to trial period termination

The article by Romana Kaletova deals with application of the Czech anti-discrimination rules. It describes a case judged by the Czech Supreme Court (No. 21 Cdo 2195/2008, 21 April 2009), which focussed on whether prohibition of discrimination also applied to the termination of an employment relationship during a trial period given that, according to the Czech Labour Code, both parties to the employment relationship have the right to terminate such employment relationship during the agreed trial period for any reason or without giving a reason.

Date: Tuesday, September 1, 2009
Czech Supreme Court accepts US at will termination clause

The zero edition of the journal EELC, which provides a summary of judicial decisions of particular European countries courts, includes a Czech Supreme Court decision case No. 21 Cdo 4196/2007 summarised by Natasa Randlova. This judgment deals with a notice of termination which was given by an employer to his employee according to an employment contract under Californian law (applicable due to choice of law made by the parties). The termination was given for no reason, that is why the employee claimed, that the termination was in breach of Czech law, and therefore invalid. But the Supreme Court ruled that this termination is in contrary neither to Czech public order, nor the mandatory rules of Czech law as specified by the Rome Convention on the Law Applicable to Contractual Obligations. So according to this decision of the Supreme Court, an "at will" termination which is in accordance with foreign law may be valid.

Date: Friday, May 1, 2009