Publication details

Wypowiadanie umów o pracę z przyczyn organizacyjnych w czeskim i polskim środowisku prawnym. Część 2

Title in English Termination of employment due to adopted organizational changes in the Czech and Polish legal system. Part 2
Authors

KADLUBIEC Vojtěch HORECKÝ Jan

Year of publication 2021
Type Article in Periodical
Magazine / Source Praca i Zabezpieczenie Społeczne
MU Faculty or unit

Faculty of Law

Citation
Web Repozitář MU
Doi http://dx.doi.org/10.33226/0032-6186.2021.2.3
Keywords legal comparative studies; employment termination notice; organizational changes; liquidation of employer; liquidation of job position; reduction of posts
Description This two-part article aims to compare and analyze the Czech and Polish legal regulations on the termination of employment due to organizational changes adopted by the employer. In particular, the analysis deals with the extent, to which the compared legal regulations protect the employee and the durability of his employment, and (on the other hand) the employer's right to freely conduct business activity by managing his enterprise and deciding on the composition of his workforce. The first part of the article contains a comparison of selected aspects of the basic legal regulation of termination of employment in both countries and the presentation of the conditions for the application of organizational reasons for termination of employment, focusing mainly on the Czech regulation and its judicial interpretation. The second part of the article aims to compare the previously described Czech approach with its Polish counterpart, as well as to compare other socio-legal tools of employee protection related to the main topic, such as the application of the provisions on collective redundancies and mandatory severance pay, special protection of various groups of employees against dismissal, obligatory consultations with trade unions, etc. On this background, the authors also formulate certain proposals for legislative changes in the subject area.

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