TERMINATION OF THE EMPLOYMENT WITH EMPLOYEES WITH DISABILITIES WITHIN THE MEANING OF THE AMENDMENT TO THE LABOUR CODE

#45Termination of the employment with employees with disabilities within the meaning of the amendment to the Labour Code

Amendment to the Act No. 311/2001 Coll. Labour Code as amended (hereinafter referred to as the “Labour Code“) that is supposed to enter into effect on 15th March 2022 introduces a change regarding the procedure of the termination of employment of the employee with disabilities.

This new legislation aims to strengthen the rights of people with disabilities, to promote their social development and to provide them with protection against unfair dismissal. Under the current legislation, if the conditions for immediate termination of employment are not met, the employer may dismiss an employee with a disability only after the following conditions of Section 66 of the Labor Code are met:

1. a prior consultation of the dismissal with the employees' representatives (if they operate at the employer's workplace);
2. a prior approval by the competent Office of Labor, Social Affairs and Family (hereinafter referred to as the "Offices of Labor").

In case if the prior approval of the Office is not granted, save of few exceptions, dismissal of the employee with disabilities is deemed invalid. For instance, if both employer and employee have agreed or if the employee has reached the age to be entitled to an old-age pension, the absence of the prior approval by the Office does not invalidate the termination of the employment. 

Under the current regulation, the Office may grant its approval within a general period of 30 to 90 days according to the Act No. 71/1967 Coll. on administrative proceedings (Administrative Procedure Code). If the Office does not grant its approval/disapproval within the set time limit, fiction of granting an approval with the termination of employment shall occur.
As of 15th 2022 the Office is supposed to be obligated to grant its approval or disapproval with the said dismissal within 7 calendar days. The new legislation shall apply only to those employment relationships established after the new legislation comes into effect and the new rules shall not be applicable to existing employment relationships.