If we fire a protected employee, such as a trade unionist, we must expect that the court will order us to employ him or her throughout the legal proceedings until the judgment.

Until now, in such a situation, the employee remained outside the company for the entire duration of the trial, often several years. Although the court could grant the employee an injunction in the form of an obligation to employ the employee during the trial, there was a condition that the employee has proven the plausibility of the claim and the legal interest in granting it. After the amendments, the court will be obliged to grant an injunction and it will be sufficient for the employee to prove the plausibility of the claim, which may be interpreted to mean that it is sufficient to prove that the protection was due.

The new regulations are also to apply to proceedings initiated and not concluded before the date of their entry into force.

The above changes are still a bill but it was already sent to the President for signature on 31 July 2023. Once the act is promulgated, the new regulations will take effect within 30 days.

Find more in the PRO HR August 2023