Trade unionists are preparing protests against the possibility of dismissal without giving a reason. Although this should not be part of the planned amendment to the Code, as the Minister of Labor and Social Affairs Marian Jurečka (KDU-ČSL) has stated several times. However, if politicians want to introduce it, the trade unions will not remain silent.
The possibility is criticized, for example, by an alliance of 14 trade unions, in addition to KOVO, also a number of health, school or mining unions, as reported by the ČTK agency. According to them, the dismissal without reason, together with the planned extension of the probationary period, would disadvantage the employee.
The Czech-Moravian Confederation of Trade Unions (ČMKOS) has already called a protest action in Prague on May 21. She also criticizes the long-term increase in the retirement age.
The aforementioned alliance will support the CMKOS protest. “We want to object to the proposals of some political parties, such as a change in the Labor Code, dismissal without giving reasons, shortening the notice period and extending the probationary period,” said OS Kovo chairman Roman Ďurčo for SZ Byznys.
“Other topics are the extension of the retirement age and its reduction and the abolition of guaranteed wages without the conclusion of sectoral collective agreements. We also want greater protection of the energy-intensive industry, especially the steel industry,” adds the chairman.
On the other hand, ODS MPs and Prime Minister Petr Fiala are positive about the possibility of dismissal without giving a reason. “Individual parties have the right to propose adjustments and it depends on whether they find a majority in the Chamber of Deputies. ODS will seek support for this amendment, because we consider greater flexibility of labor law to be necessary,” Prime Minister Fiala told the Novinky.cz website.
“It’s not a done deal,” Bohdan Wojnar, vice-president of the Union of Industry and Transport, explains to SZ Byznys. According to him, the possibility of termination without giving a reason makes sense “in the context of other necessary changes in the field of active employment policy, revision and redesign in the field of unemployment support”.
What would a dismissal without giving a reason look like in practice
There must be a reason for termination, in the case of asserting the option of termination without giving a reason, employers would only have no obligation to state it. At the same time, there is a need to clearly define what is and is not permissible, says the vice president. As examples of impermissible reasons, he cites dismissal for sexual orientation, skin color or opinions.
“Employers would only approach this in exceptional deadlock situations where there are no other solutions,” adds Wojnar.
According to Wojnar, it could be ensured that employers do not use this option. “It’s easy to check. If there are doubts, even the employee has the right to ask questions and ask for the reason in a number of European countries today, based on the appropriate European law. The employer is then obliged to communicate it in writing. There are a lot of catch mechanisms,” he adds.
According to the vice-president, a model of dismissal without giving a reason could be the system of compromise between a flexible labor market and social security, which was adopted, for example, in Denmark. “The Danish flexicurity system is built on the fact that changes in the labor market take place quickly. The system encourages rapid transitions from profession to profession. It should be based on that,” explains the vice president.
“If the employees were to acquire new competences and perhaps even better and better paid work, then this is not something that would be harmful to them,” he adds. However, Wojnar admits that a change of employer or profession also involves retraining and education in the given profession, which would have to be taken into account in the system.
Minister Jurečka has long been critical of the possibility of resigning without giving a reason. “It is a moment when it becomes clear what is the identical politics of the People’s Party and what is the politics of the ODS. We clearly stand behind the fact that we should not create more uncertainty for people and employees. That’s why I didn’t and won’t put termination without giving a reason in the amendment. And I also say that I don’t want her there even during the legislative process,” said the minister in an interview with Novinky.cz.
“We have simple principles set by the coalition agreement. And they are such that if any amendment is to be adopted in the third reading in the House of Representatives, it must be agreed upon by everyone and the minister in charge, which in this case is also me. I think that I give an answer to what the fate of this contradiction will be,” he adds in the interview.
