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How to defend a termination after 1 January 2014?

The new Civil Code has brought many changes, especially to civil and commercial law. Initially, a completely new Labour Code was supposed to be a subchapter of it.

Jak se bránit výpovědi na hodinu
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This concept did not pass in the end, but there are still some partial changes in labour law. Especially in areas that are directly linked to the NLC.

However, a major novelty is the possible breaking of the two-month limitation period for challenging a termination of employment. What is the issue?

Previously, if the employment relationship was terminated in a contentious or hostile manner, the two-month period ran from the date on which the employment relationship was to end by such termination (for example, the date on which the notice period expired). During this short period, an action had to be brought to declare the termination invalid. If no action was brought, the court could never annul the termination, even if it was completely nonsensical to begin with (see section 72 of the Labour Code).

I have given notice from my job

When you quit your job, we can help you defend yourself against your employer’s actions and make sure you get everything you’re entitled to from them. This includes, for example, any wages or severance pay you are owed. We provide assistance throughout the country and at a predetermined price.

Many experts suggest that this rule has a fresh crack. In fact, the new Labour Code states that certain severance agreements are disregarded. These are termination, immediate termination or probationary notice made otherwise than in writing. The consequence of a formally incorrectly executed termination is not its nullity (which would have to be claimed under the old procedure with a two-month time limit for filing a lawsuit), but even more serious apparent nullity.

The apparent legal act does not exist, no one has to respect it and it has no legal consequences. It is therefore not necessary to plead appearances within the two-month time limit, but can be pleaded at any time thereafter, presumably within the general three-year limitation period. Thus, what the courts were previously cautious to imply is now directly in the law.

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I have given notice from my job

When you quit your job, we can help you defend yourself against your employer’s actions and make sure you get everything you’re entitled to from them. This includes, for example, any wages or severance pay you are owed. We provide assistance throughout the country and at a predetermined price.

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Author of the article

JUDr. Ondřej Preuss, Ph.D.

Ondřej is the attorney who came up with the idea of providing legal services online. He's been earning his living through legal services for more than 10 years. He especially likes to help clients who may have given up hope in solving their legal issues at work, for example with real estate transfers or copyright licenses.

Education
  • Law, Ph.D, Pf UK in Prague
  • Law, L’université Nancy-II, Nancy
  • Law, Master’s degree (Mgr.), Pf UK in Prague
  • International Territorial Studies (Bc.), FSV UK in Prague

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