If you’ve decided to change cities, it’s easy. You can answer at any time and for any reason, even without a reason. On the other hand, the employer will dismiss me only for the reasons listed at the end of the work. But what if you are in quarantine or erette oetovn? Lawyer Pavel Nastis answered these questions.
Many companies have run into financial problems as a result of the coronavirus epidemic. Is the fact that the company cannot produce and sell a reason for input from the employer?
In general, it may be possible to terminate the work of a protected employee. The employer can only give a reason for the stated reason and must define the reason in such a way that it cannot be confused with another reason.
If the employer is not able to produce or reduce sales and therefore makes decisions about organizational changes, such as reducing the number of employees, this is a valid reason. The notice must be in writing, the notice period must be at least two months and must be entered on the first day of the calendar month following the delivery of the notice. In such a case, employees cannot understand the salary for the entire reporting period and then go severance.
If the employee is in probationary period, the employer may terminate the employment relationship with him for any reason or even without the stated reason, hereby the current notice period and employment relationship will end on the day of delivery of the notice of termination of employment, unless a later date. At present, the end of work has become established, according to which the employer may not terminate the employment relationship during the first 14 calendar days of permanent incapacity for work and the quarantine employee.
However, the employer does not have to approach the dismissal, I have to deal with the crisis situation in another way.
The employer decides that he will not reduce the number of employees and use other options given at the end of the work, the so-called kurarbeit or wall unemployment. This means that it will not allocate to employees during the weekly working hours due to temporary restrictions on the sale of their products or limited demand for their services. This situation is considered as a job at work on the part of the employer and the employee does not pay the salary in the amount agreed with the trade union or in the amount determined by internal regulations, always at least 60 percent of the average debt.
In addition, employers can currently meet the Antivirus Employment Support Program, which is a program of the Ministry of Labor and Social Affairs of the Czech Republic to support employment as a result of the coronavirus crisis, if they meet certain conditions.
Can I get a quarantine worker or a worker who is at home with a child on board?
Finally, in certain cases, it prohibits the employer from employing employees, even if otherwise a valid reason would be fulfilled. It is a so-called decay of confession during the protective period, such as during temporary incapacity for work (but not always if the employee suffered temporary incapacity for work due to intoxication, he can be given notice), during maternity and parental leave, at a time when he is The employee and the employee are caring for children under the age of 10, because the round is closed due to an epidemic. However, the work does not prohibit employees of the deputies while they are in quarantine.
How should an employee armor if he thinks that he or she is unjustified?
If the employee believes that his gout was invalidly challenged, he may resist the action in court. The application must be filed no later than two months after the date on which the employment relationship ends with this extension. The lawsuit must be filed with the district court, in its district there is an employer of the association or in its district there is a local organized branch of the association, which is the subject of litigation.
It is necessary to remember that it is necessary to notify the employer without undue delay in writing that the employee insists that the employer according to the employer, due to the fact that if the subsequent court determines that the notice was invalid, the employee will have wage claim. If the total time for which the employees should pay the wage, the court is more likely, the court will, at the request of the employer, have the obligation to pay the wage or salary for another period of time.
Litigation for the invalidity of employment claims (and subsequent litigation for the payment of wages) are in practice very often and usually the first to file. I therefore recommend that the people in these cases prefer to turn to lawyers and be represented in such litigation.
Does the employee say it simply?
Urit yes. Regarding the notice from the employee, the employee does not state any reason in it or does not have to state any reason in it. Even in this case, the written letter must be written from two months.
Beware of one bag! If an employee terminates his / her employment without an external reason for a notice or agreement, he / she will not receive unemployment benefits in the first two months of the so-called support period in the amount of 65 percent of the average amount of the same debt or exchange, but only in the amount of 45 percent. Therefore, if the employee has two redundancies (or concludes an agreement with the employer on the extension of the employment relationship) for external reasons, it is necessary to write it in the statement and the agreement, so as not to deprive you of unemployment benefits.
For this reason, I do not understand anything, these are the reasons defined in the law, for example, the necessary personal care for children up to those years, reasons for which the employee could otherwise immediately terminate the employment and other personal reasons ethically, morally or nboensk.
According to you, be careful to use the wording. Here I would recommend writing exactly two statements from the employment relationship and not a statement about the statement or two statements by agreement and similar inaccurate wording, which could lead to the invalidity of the statement.
How do I file a paid employee to whom the company owes a salary?
If the employee has not been paid wages or salary or wages or salaries or wages or salaries or any of them within fifteen days after the due date, the employee may immediately terminate the employment.
Here, too, care must be taken to use the wording. This is the correct point of the employment relationship and does not preclude the immediate termination of the employment relationship or two notice or two immediate notice. The notice is something completely different, there is a two-month notice period, while in the event of immediate termination of employment, the employment is terminated by delivery of this notice to the employer.
If the employee immediately terminates the employment relationship, he must do so in writing, he must de facto define his reason so that it cannot be confused with another, and he must not change it. The employee may immediately terminate the employment relationship only within two months from the day when he became aware of the reason for the immediate termination, no later than one year from the day when this reason arose.
However, we must not confuse the maturity period of wages and salaries with the regular pay period. At the end of the work, it is determined that the wage or salary is payable after the performance of the work, at the latest in the following calendar month. Also due to unpaid wages for the month of April (which is therefore due by 31 May), it is possible to immediately cancel the employment on 16 June.