Already on 22 September, regulations will go into effect that will affect the process of laying off employees.

Protected employees

At the request of protected employees, the courts (in reinstatement cases) will order their continued employment pending trial. It will be sufficient that the dismissed employee: (I) was subject to protection and (II) substantiates the existence of a claim. As a result, the dismissed employee will return to the company. He or she will have to be paid and (in most cases) allowed to work.

The protection applies, for example, to trade union activists and employees exercising parental rights. Literally, the regulation also covers those protected only from termination (e.g. those on a sick leave) who have been given a notice of disciplinary termination. Practice will show whether this literal approach will be accepted in jurisprudence. In our opinion, this would be wrong. This is because it would lead to an unjustified extension of protection to cover situations where the Labour Code allows dismissal (such as notice of disciplinary termination given to an employee who robbed the employer and went on a sick leave).

Changes affecting all employees

Employers who lose a reinstatement dispute in the first instance will also be obliged to continue employing the employee until the case is closed with a legally binding judgment. Submission of a request by the employee will be sufficient. The court will have to grant such a request.

Due to the new restrictions, each dismissal should be carefully thought out and prepared so as not to expose oneself to the risks resulting from the amendment.

Find more in the PRO HR September 2023