Special Protection of Employment Stability of Trade Union Officials
Special Protection of Employment Stability of Trade Union Officials

Summary/Abstract: This paper is an analysis of the legal aspects of special protection of employment of trade union officials, which gives them a guarantee of independent position in the exercise of their functions. It is prohibited to give termination notice and terminate employment with a trade union official without consent of the board of the company’s trade union organisation. The protection may be granted to a member of the board of the company trade union organisation or to member who is “entitled to represent” the trade union. The special protection of employment is effective only if the employer has been informed thereof. The author concentrates particularly on the reasons for granting the special protection, the period of the protection, number of protected trade union officials and the methods of determining that number, the obligation to inform the employer about the granting of the special protection to a trade union official and on the abuse of the special protection. According to the general line of the Supreme Court’s judicial decisions, protection granted to trade union officials should not be considered absolutely mandatory and may be refused under Article 8 of the Labour Code, depending on the behaviour of the employee in question and the circumstances of the case. The author also makes some comments on how to amend and improve the institution of the protection, especially by entrusting the decision to rescind the prohibition of termination to a body which is not directly interested in the case.

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