A trade union can help an employee among themselves through:

• information about their rights,

• helps them communicate with their employer

• represents employee towards employer

• legal assistance

• assistance in court proceedings

• protection of employees’ rights and interests

• negotiating employment conditions

• Taking action concerning a larger group of employees

In certain circumstances, it may also assist a person who is not a union member if that person requests such assistance and the organisation agrees to provide it.

If an employer intends to terminate an employee’s fixed-term or indefinite-term employment contract, the employer should consult this intention with the trade union organisation representing the employee – if the employee is represented by it.  

The law requires employers to cooperate with the workplace trade union organisation representing employees. The employer must consult the union before taking such action. The trade union then has 5 days to submit reasoned objections. However, such objections do not prevent the dismissal; they are primarily advisory in nature. If an employment relationship is terminated without notice (so-called disciplinary dismissal), the employer must also notify the trade union, which has 3 days to give its opinion. However, if termination without notice due to the employee’s fault concerns a pregnant employee, the employer cannot use this procedure without the trade union’s consent.

Special protection may also apply to trade union officials. Under the conditions specified in regulations, an employer generally cannot give notice of termination or terminate their employment, nor unilaterally alter their employment terms to their detriment without the required consent of the competent union body. This protection is intended to ensure that officials can genuinely represent employees without fear that a conflict with the employer will lead to job loss.

However, union protection does not mean that every person belonging to a trade union is automatically protected from dismissal. The scope of protection depends on the employee’s situation and legal provisions.

If a trade union operates at your workplace, you can first approach its representative or official.

Note that an employer is not allowed to treat an employee less favorably due to:

• membership in a trade union,
• non-membership in a trade union,
• performing a trade union function,
• trade unions contribute.

Consequently, the employer may not, for example, refuse employment, reduce remuneration, bypass the employee for promotion or training, or worsen their employment conditions.

If you believe you have been treated worse because of union activity or membership, you can seek help from a trade union, the National Labour Inspectorate, or depending on the situation pursue your rights before the Labour Court.