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Home / News / UA employees in the Czech Republic

UA employees in the Czech Republic

25.02.2022
Company: Eversheds Sutherland, advokátní kancelář, s.r.o.

How should an employer treats UA employees who have received a call-up order or want to travel to Ukraine to help their country?

The Ukrainian employee receives a call-up order

  • The UA employee is obliged to travel to Ukraine based on an call-up order to serve in the military and must leave their work.
  • From the point of view of Czech law, this will be an excused obstacle to work on the part of the employee.
  • The employee will not be entitled to any wage compensation. However, we recommend concluding an unpaid leave agreement.
  • The employer is obliged to excuse the employee's absence from work (the employee is entitled to time off) for the entire period of the obstacle (while the call-up order is in effect).

The UA employee want to travel to Ukraine voluntarily

  • The UA employee voluntarily decides that they want to return to Ukraine to contact family or help in the fighting.
  • We recommend with such an employee agreed on:
    • the taking of leave; or
    • concluding an agreement on unpaid leave for a certain period during which the employee will not be entitled to wage compensation.
  • If the employer is unable to provide the UA employee leave or unpaid leave for operational reasons, the employment may be terminated by agreement.

Is it possible to terminate UA employees?

Failure to perform work due to UA military service based on a call-up order cannot be considered ground for termination of employment under which it would be possible to terminate the employee's employment. However, it is possible to terminate the employment of such an employee only based on legal reasons for termination.
In our opinion, the so-called protection period under Section 53 (1) (b) of the Labour Code, during which an employee cannot be terminated, cannot be applied to an employee during the period of operational deployment on the basis of a UA call-up order. According to the wording and terminology of the Labour Code, the given provision applies only to citizens who are in operational deployment based on a Czech call-up order.
 
For more information please contact
Radek Matouš, Partner
Ondřej Beneš, Senior Associate
Martina Vodičková, Junior Associate

Eversheds Sutherland Czech Republic
www.eversheds-sutherland.cz

Tags: Law | Human Resources |
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