Revocation of a manager

If an employee represents a managerial position in accordance with §73 section 3 of the Labor Code, he may agree with the employee in accordance with §73 section 2 of the Labor Code, that the employer will have the right to revoke him from this executive position or that the employee can give up on this executive position on himself.

The Supreme Court has stated in its decision No. 21 Cdo 1073/2017, that it is possible to expand or narrow the group of persons listed in §73 section 3 of the Labor Code. The only condition is that it is a executive employee according to §11 of the Labor Code.

Therefore this revocation of an executive employee must be explicitly mentioned in his contract of employment, otherwise it will not be possible to apply it in accordance with §73 section 2 of the Labor Code. This agreement can also be arranged in addition to an existing employment contract.