In the case that a senior employee* resigns or is removed from office in accordance with Section 73a(2)** of Act No. 262/2006 Coll., the Labor Code, their employment is not terminated. The employer is obliged to offer another changed position to such employee, respecting the employee’s health condition and qualifications. If the employer does not have such vacancy available or if the employee refuses the offered position, it constitutes a termination reason in accordance with Section 52(c) of the Labor Code (the employee is redudant).
The employer can make a proposal to a senior employee to take up another changed position in the sense of Section 73a(2) of the Labor Code also verbally, as newly permitted by the Supreme Court, Decision File No. 21 Cdo 4930/2016 of 14 March 2018. In the same decision, the Supreme Court also judicated that the following requirement must be complied with at the same time: the offered position needs to be established at the time when the offer is made.
If the employer offers to the employee any position which is only to be established in the future, it is not an offer of another changed position as the employer had no actual need to have the work at the not-yet-established position performed at the time when he made the offer.
In the termination invalidity proceedings, the court must therefore examine whether the position was actually established at the time when the offer for another changed position was made; at the same time, the employee may get just a verbal offer.
Should you have any further questions concerning termination of employment and the relevant conditions, please do not hesitate to contact us. We’re here to provide you a qualified legal aid.
*For the definition of a senior employee, see Section 11 of the Labor Code
** Section 73a (2) of the Labor Code: When a senior employee is removed from or resigns to his position, his employment is not terminated and the employer is bound to propose another changed position to such senior employee, corresponding to his health condition and qualifications.
Mgr. Lenka Shánělová , advokátní koncipientka
AK Pajerová s.r.o