Art. 52. of the Labour Code
§ 1. An employer may terminate an employment contract without notice in case when an employee is at fault:
1) in the event of a serious breach by the employee of the employee's basic duties,
2) if the employee commits a crime, while under the employment contract, which prevents the further employment of the employee in the occupied job position, if the crime is obvious or has been declared by in a final judgment,
3) if the employee, through his/hers fault, loses a licence required to perform work in the occupied job position.
§ 2. An employment contract cannot be terminated without notice through the fault of the employee more than 1 month after the employer obtains information about the circumstances justifying the termination of the employment contract.
§ 3. The employer decides on the termination of the employment contract after consultation with a workplace trade union organisation representing the employee, which must be informed about the grounds justifying the termination of the contract. If the workplace trade union organisation has objections concerning the correctness of the termination of the employment contract, it must express its opinion immediately, and not later than 3 days.
Art. 53. of the Labour Code
§ 1. An employer may terminate an employment contract without notice:
1) if an employee is unable to work as a result of an illness:
a) for more than 3 months - if the employee has been employed with a given employer for less than 6 months,
b) for longer than the total period of receiving welfare and sickness benefits on that account, as well as receiving rehabilitation allowance for the first 3 months - if the employee has been employed with a given employer for at least 6 months, or if the incapacity to work was caused by an accident at work or an occupational disease,
2) if an employee has any justifiable absence from work for reasons other than those specified in point 1, lasting for more than 1 month.
§ 2. An employment contract cannot be terminated without notice if the employee is absent from work due to taking care of a child - while receiving allowance on this account, or if the employee is in isolation due to a contagious disease - while receiving welfare and sickness benefits on this account.
§ 3. An employment contract cannot be terminated without notice after the employee has returned to work after the reason for an absence ceases to exist.
§ 4. The provisions of Article 36 § 11 and of Article 52 § 3 apply accordingly.
§ 5. An employer should, as far as possible, reinstate an employee who within 6 months of the termination of the employment contract without notice reports to return to work immediately after the reasons for an absence referred to in § 1 and 2 cease to exist.
Article 177 LC
Para. 1: The employer shall not give notice of termination or terminate an employment contract with a female employee during her pregnancy or maternity leave, unless there are reasons justifying the termination of the contract without notice due to her fault, and the workplace trade union organisation representing the employee has consented to the termination.
Para. 2: The provision of para. 1 does not apply to a female employee during the course of the contract for a trial period no longer than 1 month.
Articles 18.3a and 18.3b on Equal Treatment in Employment
Equal Treatment in Employment
Para. 1. Employees shall receive equal treatment with regard to establishment and termination of employment relationships, terms and conditions of employment, promotion and access to vocational training in order to improve one’s professional qualifications, in particular irrespective of sex, age, disability, race, religion, nationality, political views, trade union membership, ethnic origin, belief, sexual orientation, employment for a definite or indefinite period of time, on a full or part-time basis.
Para. 2. Equal treatment in employment means no direct or indirect discrimination whatsoever on any of the grounds referred to in para. 1.
Para.3. Direct discrimination shall be taken to occur where an employee is treated, has been treated or could be treated less favourably than other employees in a comparable situation, on one or several of the grounds referred to in §1.
Para. 4. Indirect discrimination exists where, due to an apparently neutral provision, criterion or practice, there occur or there could occur some unfavourable disproportions or a particularly unfavourable situation with respect to the establishment and termination of the employment relationship, terms and conditions of employment, promotion and access to vocational training in order to improve one’s professional qualifications concerning all or a considerable number of employees that belong to a group distinguished by one or many of the characteristics enumerated in para. 1 at a disadvantage, unless this provision, criterion or practice is objectively justified by a legitimate goal to be achieved, and the means of achieving that aim are appropriate and necessary.
Para. 5. Discrimination in the meaning of para. 2 shall also include:
1) encouraging another person to violate the principle of equal treatment in employment or ordering him/her to violate this principle;
2) undesired behaviour, the aim or the result of which is the violation of dignity of an employee and the creation of an intimidating, hostile, degrading, humiliating or offensive environment (harassment).
Para. 6. Sex discrimination shall also include any undesired sexual behaviour or any behaviour related to employee’s sex aimed at or resulting in violation of dignity of an employee; in particular the creation of an intimidating, hostile, degrading, humiliating or offensive environment; such behaviour may be manifested by physical, verbal or non-verbal elements (sexual harassment)
Para. 7. The employee's submission to harassment or sexual harassment, as well as the actions taken to oppose the harassment or sexual harassment shall not cause any negative consequences for the employee.
Para. 1. Subject to paras. 2-4, the differentiation of the employee’s situation by the employer on one or several of the grounds referred to in Article 18.3a §1 is also deemed a violation of the principle of equal treatment in employment, if it results in particular in:
1) the refusal of an establishment or termination of an employment relationship,
2) unfavourable terms of remuneration or other terms and conditions of employment, or omission during the selection for promotion or other employment benefits,
3) omission during the selection for participation in vocational training raising professional qualifications,- unless the employer proves that the grounds for these actions were objective.
Para. 2. None of the following actions, proportionate to the legitimate aim related to differentiation of the situation of an employee, shall be considered as a breach of the principle of equal treatment in employment:
1) non-employment of an employee due to one or several reasons provided for in Article 18.3a §1, if justified due to the type of work and the conditions of performance thereof or the genuine and decisive professional requirements to be satisfied by the employees
2) termination of the employee’s terms and conditions of employment relating to the working time, if justified by reasons not related to the employee,
3) application of measures differentiating the employee’s legal situation due to the requirement of protection of parenthood or a disability,
4) taking into account the seniority criterion while setting the conditions for recruitment of employees or for making them redundant, regulating remuneration and promotion conditions and access to vocational training, which justifies a differential treatment on grounds of age.
Article 18.3b does not infringe the principle of equal treatment in employment any action undertaken during limited time having for the objective the equalization of opportunities for all or only a considerable number of employees belonging to the group formed on the basis of one or more grounds listed in Article 18.3a §1, through decreasing of factual inequalities in favour of such employees, within the scope determined in this provision.
Para. 4. Restricting the access to employment due to religion, religious convictions or belief shall not be considered as breach of the principle of equal treatment in employment if in relation to the type and character of activities conducted within the scope of churches or other religious societies as well as organizations the objective of which is directly related to religion or denomination, the employee’s religion or denomination constitutes a material, reasonable and justified professional qualification, proportionate to achieving the legitimate aim of diversifying the situation of that person; this also applies to requiring the employees to act in good faith and loyalty to the ethics of the church other religious associations and organizations with an ethos based on religion, creed or belief.