Obligation to make an offer upon termination of the employment relationship
Code: PRSK00125
Question
I have been made redundant from my job because I was made redundant. A few days ago, the company advertised a vacancy on the intranet. When I asked my employer if I could be transferred to the vacant position, I was told that the job was not suitable for me because of my higher qualifications. Is this the right thing for the employer to do?
The answer
The employer may dismiss the employee for organisational reasons. Such a reason is, for example, that the employee is dismissed due to a written decision by the employer to change his/her tasks, change the technical equipment or reduce the number of employees in order to ensure the efficiency of work or other organisational changes. If, in the event of dismissal, the employer is unable to continue to employ the employee, even on a part-time basis, he is obliged to offer the employee a transfer to another suitable job at the agreed place of work or prior training for this other job, provided that the employer has such a vacancy. Therefore, if the employer has not offered you a vacant position, even if it is available, he has violated the law and the dismissal is invalid. The argument that you are "overqualified" for the position is not valid. In this case, you have the option of defending yourself with a lawsuit - any labour law attorney can help you prepare such a lawsuit, including our law firm, which can also competently represent you in the proceedings.
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