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Dr Jan Horecký
ORCID: 0000-0001-8933-6624
Dr Jan Horecký, Head of the Department of Labour Law and Social Security Law at Faculty of Law of Masaryk University in Brno (Czech Republic). Member of the Czech Society for Labour Law and Social Security Law and a member of the Committee of Experts of the Society for Collective Bargaining and Labour Law. Editor of Central European Journal of Labour Law and Personnel Management.
DOI: 10.33226/0032-6186.2021.2.3
JEL: K31

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.

Keywords: : legal comparative studies; employment termination notice; organizational changes; liquidation of employer; liquidation of job position; reduction of posts
DOI: 10.33226/0032-6186.2021.1.3
JEL: K31

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.

Keywords: legal comparative studies; employment termination notice; organizational changes; liquidation of employer; liquidation of job position; reduction of posts

Dr Jan Horecký, Head of the Department of Labour Law and Social Security Law at Faculty of Law of Masaryk University in Brno (Czech Republic). Member of the Czech Society for Labour Law and Social Security Law and a member of the Committee of Experts of the Society for Collective Bargaining and Labour Law. Editor of Central European Journal of Labour Law and Personnel Management.