Czech Employers Can Now Dismiss Employees by Email

As of June, the rules for terminating employees in the Czech Republic have changed significantly. The new conditions apply to both dismissals initiated by the employer and those initiated by the employee. The changes are especially disadvantageous for employees who, for instance, violate their work obligations.

“The notice period now begins on the day the notice is delivered, not from the first day of the following month,” explained Miroslav Hnilica from the law firm Spring Walk.

In some cases, this can make the notice period several days, or even weeks, shorter than before. This applies when the employee receives the notice early in the calendar month.

This rule also applies when the employee initiates the termination. However, the notice period remains two months. The exception is when the employee, for example, breaches work discipline. In that case, the period is reduced to one month.

“An employer may dismiss an employee only for reasons explicitly stated in the Labor Code,” emphasized Artur Braun from the law firm bpv Braun Partners.

Such reasons include downsizing due to the elimination of a position, the employer ceasing operations or relocating them to a different region, or the loss of a qualification essential to the job, like a driver’s license.

“An employee, on the other hand, may terminate their employment at any time without stating a reason,” Braun added.

A specific category includes cases where an employee becomes unable to work due to illness or long-term health issues. “In such situations, the employer is required to offer the employee a different position,” said Hnilica.

If no suitable position is available, the employer may terminate the contract. “If the inability to work is the result of a workplace accident or an occupational illness, the employee is entitled to severance pay of up to 12 times their average monthly salary. This is covered by the insurance company with which the employer holds liability insurance,” Braun noted. The employee is entitled to this compensation even if the employment ends by mutual agreement.

Dismissal via Email: What the Law Says

No One Can Be Forced to Agree

Employers are not required to deliver a termination notice in person. They may use electronic means, such as a data mailbox. “Unlike standard mail, which is allowed only when in-person delivery isn’t possible, a termination notice can be sent directly to an employee’s data mailbox without such restriction,” explains labor law expert Miroslav Hnilica.

Crucially, no prior consent is needed from the employee. The same applies in reverse: an employee may send their resignation electronically. In both cases, the notice is considered delivered either when the recipient opens the email or, if they do not, on the tenth day after delivery.

Email, however, is a different matter. An employer may terminate employment via email only if the employee has expressly agreed to this method in advance. The notice is considered delivered once the employee confirms receipt in writing. If no confirmation is given, the notice is deemed delivered on the fifteenth day after it was sent.

A common issue in practice is that employees are pressured to sign a mutual termination agreement. However, no one is obliged to agree. If an employee signs under pressure or coercion, the agreement may be legally challenged and declared invalid. In such cases, the employee has up to two months from the end of the employment relationship to file a lawsuit and dispute the contract’s validity.

Need Guidance on Czech Employment Law?

Whether you’re an employer navigating complex termination procedures or an employee unsure of your rights, 360WEDO’s expert consultants are here to help. We offer personalized legal advisory services tailored to your needs. Avoid costly mistakes – contact us for a consultation.

Source:

https://www.novinky.cz/clanek/ekonomika-vypovedni-lhuta-se-vyrazne-zkratila-vyhazov-lze-dostat-i-po-mailu-40526784