Employment law
Employment law: contracts, dismissals, disputes
I advise employees and employers. I will review the contract, the grounds and form of termination, and the time limits that must be met. Time limits in employment matters are short, so it is worth contacting me in good time.
The notice period is the same for the employer and the employee and lasts at least one month. For some notices given by the employer it is longer.
How it works
Employment from contract to dispute
An employment relationship is created by an employment contract. It must be in writing and include, in particular, the type of work, the place of work, the start date and the pay terms (section 43 of the Labour Code). An incomplete contract should be corrected before a dispute arises.
Employment can end by agreement, by notice, by immediate termination or when an agreed period expires. Each method has its own conditions and time limits, so I review the document before you sign an agreement or send a notice.
The notice period starts on the first day of the calendar month following delivery of the notice and ends on the last day of that month (section 62). In the case of a notice, the date of delivery therefore matters.
An employee who challenges an invalid termination must bring a claim within two months and tell the employer that they insist on continued employment (sections 77 and 79). Compensation of wages for the time of the dispute is as a rule due from that notification.
- Employment contract
- Written form
- Minimum notice period
- One month
- Claim for invalid termination
- Within two months
- Legal basis
- Act No. 311/2001 Coll., the Labour Code
What I handle
I help employees to assert their claims and to resist an invalid termination. I help employers to set up documents and procedures that comply with the law.
Employment contracts and agreements
I prepare or review an employment contract and agreements on work performed outside an employment relationship. I check the required terms, the probation period, the agreed pay and any provisions that could later burden you.
Agreement on termination
I prepare an agreement that sets the termination date, severance pay and the mutual settlement. Before you sign, I assess whether you would be giving up an entitlement you would have on notice.
Notice and immediate termination
I assess the grounds, form, delivery and time limits of a notice or immediate termination. If it is your notice, I prepare the document; if you have received one, I assess whether it is valid.
Employee claims
Unpaid wages, compensation of wages, severance pay, payment for untaken leave on termination and other claims. I prepare a demand to the employer and, where needed, a court claim.
Rules for employers
I prepare work rules, internal policies and templates of employment documents tailored to your company. I help with the procedure for notice, for agreements on termination and for informing the employee.
Employment disputes
I prepare a claim for invalidity of termination or for payment of entitlements and represent you in court proceedings. For employers I help with the response to a claim and with the defence in the dispute.
Related
Related services
Some tasks recur across several areas. For these I can help on their own, even if you do not need representation in the whole matter.
- Contract drafting
Preparation and review of contracts to fit your situation. I set out the agreed terms clearly, including time limits and the consequences of breach.
Common questions
Can an employer give notice without a reason?
No. An employer may give notice only on the grounds set out in section 63 of the Labour Code. The notice must be in writing and delivered, and its ground must be clearly defined (section 61).
How long do I have to challenge an invalid notice?
Invalidity of termination must be raised in court within two months of the date on which the employment was due to end (section 77 of the Labour Code). Please get in touch in good time.
When is an employee entitled to severance pay?
For example, where notice is given because the employer ceases to exist or the position becomes redundant, or where the employment ends by agreement on those grounds. Severance pay is a multiple of average monthly earnings and depends on the length of employment (section 76 of the Labour Code).
What is the difference between an employment contract and an agreement on work outside employment?
An employment contract creates an employment relationship. Agreements (section 223 et seq.) are meant for work of limited scope; an agreement to complete a job may cover at most 350 hours in a calendar year (section 226).
When can an employer terminate employment with immediate effect?
Only in cases set by law, for example following a conviction for an intentional criminal offence under the statutory conditions or for a serious breach of work discipline (section 68). It must be done in writing within two months of learning of the ground, and no later than one year after it arose.
When does the notice period start to run?
On the first day of the calendar month following delivery of the notice, and it ends on the last day of that month (section 62 of the Labour Code). The date on which the notice was delivered therefore matters.
Write to me about your matter
Send me the contract, notice or other document the matter concerns, and say when you received it. I will review it and explain the next steps and time limits.