Content of Decision of the Employer about Organizational Changes

Act. No. 262/2006 Coll., Labour Code, determines when an employer is entitled to give notice to the employee. Among other situations an employer is entitled to give notice to the employee because of the redundancy of the employee on the grounds of a decision of the employer about organizational changes.

In this connection arises a question of how the employer should determine the scope of redundant employees in the decision about organizational changes, i.e. must the scope of redundant employees be determined in relation to the performed (arranged) type of work or can it be determined other way?

The Supreme Court has recently issued a judgement (Reference Number 21 Cdo 610/2013) in which it expressed an opinion that the scope of redundant employees does not have to be determined only in relation to the performed (arranged) type of work in the decision of the employer about organizational changes. It is also possible to determine the scope of redundant employees any other way, but it has to be obvious which working positions and how many of them will be unnecessary from now according to the opinion of the employer. Therefore, the scope of the redundant employees can be for example determined by stipulation of a professional group or an organizational department that shall be cancelled.