22.03.2023

IN WHICH CASES AM I ENTITLED TO UNION PROTECTION WHEN I AM FIRED?

According to Art. 333, para. 3 of The Labor Code, in the cases under Art. 328, para. 1, item 2 (in the case of closing a part of the enterprise or downsizing), item 3 (in case of reduction in the volume of work), item 5 (in case of lack of qualities of the worker or employee for effective performance of the work), item 11 (when changing the requirements for the performance of the position, if the worker or employee does not meet them) and Art. 330, para. 2, item 6 of the Labor Code (disciplinary dismissal), the employer may dismiss a worker or an employee who is a member of the trade union leadership in the enterprise, of a territorial, sectoral or national leading elective trade union body, during the time he holds the relevant trade union position and until 6 months after his release, only with the prior consent of a trade union body, determined by a decision of the central leadership of the relevant trade union organization. In § 1, item 6 of the Additional Provisions of the Labor Code, it is defined that "trade union leadership" is the chairman and secretary of the relevant trade union organization.

According to Art. 333, para. 4 of the Labor Code, when this is provided for in the collective labor agreement, the employer may dismiss a worker or employee due to layoffs or a reduction in the volume of work after prior consent of the relevant trade union body in the enterprise.

In order to have protection under Art. 333, para. 4 of the Labor Code is necessary: ​​a valid collective labor agreement, which expressly provides for this protection, and which applies to workers or employees - members of the trade union organization - a party to the contract, or those who have joined the contract in accordance with Art. 57, para. 2 of the Labor Code.

By virtue of this protection, the prior consent is given by the relevant trade union body in the enterprise. In each individual case, it is necessary that this body be explicitly mentioned in the collective labor agreement. The request for dismissal is made by the employer to the relevant trade union body, it must be in writing and refer to each worker or employee whose dismissal is undertaken. The request must be motivated, i.e. it must state the circumstances and considerations for which the dismissal of the named worker or employee is requested, as well as the grounds for requesting his dismissal. It must have been made before the dismissal.