Czech Employment Law: Reassignment Duty Before Termination Notice

Mgr. Klára Megová
Mgr. Klára Megová
11.5.2026 | ARROWS law firm

Under Czech employment law, an employer must, in specific cases, first reassign an employee to other suitable work before giving notice of termination. Only if this is not possible may the employer proceed with termination. An incorrect procedure may result in the termination being invalid and in significant financial costs, including wage compensation or court disputes. It is therefore crucial to be familiar with the statutory obligations.

The photo shows specialists consulting on the reassignment of an employee to different work.

  • Before giving notice, an employer must transfer an employee to other suitable work if the employee cannot perform their current work, or in other cases stipulated by law.
  • Failure to transfer the employee to other work may result in the notice being invalid and an obligation to pay wage compensation for the period of the invalid termination of the employment relationship.
  • Notice may be given without a prior transfer to other work, in particular in situations involving a breach by the employee of obligations arising from legal regulations relating to the work performed. 
  • Special rules apply to pregnant women, employees on maternity or parental leave, persons with disabilities, and trade union members – in these cases, the conditions for terminating employment are stricter.

When and why an employer must transfer an employee to different work

An employer is obliged to reassign an employee to different work in cases exhaustively defined in Section 41(1) of the Czech Labour Code. If the transfer is not possible, or the employee does not agree to the transfer, the employer is obliged to give the employee notice of termination of employment for one of the reasons set out in Section 52 of the Czech Labour Code, provided that such a reason exists. 

Health-related reasons on the employee’s side

If the employee cannot perform their current work:

  • according to a medical assessment issued by the provider of occupational health services (or a decision of the administrative authority reviewing the assessment), the employee has long-term lost fitness to perform their current work, or has reached the maximum permissible exposure at a workplace designated by a decision of the competent public health authority (see Section 41(1)(a) of the Czech Labour Code).

In these cases, as an employer you have a duty to transfer the employee to other suitable work that corresponds to their health condition and qualifications. Only if you do not have suitable work available, or the employee refuses it without a justified reason, may you proceed to give notice for a reason under Section 52(d) or (e) of the Czech Labour Code. In practice, it is worth checking the procedure and documentation in advance under the rules of employment law so that the subsequent notice cannot be challenged.

A warehouse worker, as a result of severe back injury, long-term loses the ability to perform physically demanding work (as expressly stated by a medical assessment after treatment), but is capable of administrative work. The employer must transfer them to other work that is available – for example, goods inspection, minor administrative tasks, etc. The work must be consistent with the medical assessment and the employee’s abilities. 

If the employer wanted to transfer them to a position that is administrative but requires specific qualifications (e.g., accounting) that the warehouse worker does not have and cannot obtain, such work would not be “suitable” under the law. If, in reality, the employer has no suitable work available, they may proceed to give notice for health reasons under Section 52(d) of the Czech Labour Code.

Organisational changes at the employer

If a job position is abolished due to organisational changes at the employer (e.g., part of the employer is closed, the employer relocates, or the employee becomes redundant due to a decision to change tasks or reduce headcount), the employer may proceed to give notice under Section 52(a) to (c) of the Czech Labour Code.

In these organisational changes, the Czech Labour Code does not impose a so-called duty to offer alternative employment. The employer is therefore not legally obliged to look for another vacant position for the redundant employee. For broader context on personnel changes and the risks of disputes with management, see the related text Why entrepreneurs choose ARROWS for employment law: Certainty in complex personnel changes and disputes with management. The employer may give notice immediately. If the employee challenges the notice, it is often crucial to prepare a procedural strategy and evidence within commercial and litigation disputes. However, if the employer wishes to retain the employee, the employer may agree with them on a change to the content of the employment relationship (a new type of work) under Section 40(1) of the Czech Labour Code.

Example: Your printing company switches to new software for graphic designers. An older graphic designer cannot learn it and your company hires a younger graphic designer who can use it. As a result, the older graphic designer becomes redundant. You may give them notice due to redundancy under Section 52(c) of the Czech Labour Code. If you want to keep them in the company, you can (entirely voluntarily) offer an agreement to change their position – for example, to proofreading.

When the new work after a transfer is “suitable” and when it is not 

If an employer transfers an employee to different work for statutory reasons (e.g., health-related reasons) under Section 41 of the Czech Labour Code, disputes often arise as to whether the new work was selected correctly. In such cases, the court examines whether the work was truly “suitable”. A practical approach to reducing the risk of litigation when terminating employment is also summarised in the article How to terminate employment during the probationary period without the risk of a court dispute. 

Suitable work is work that:

  • matches the employee’s qualifications and abilities,
  • the employee is able to perform with regard to their health condition and is consistent with the medical assessment,
  • has roughly comparable working conditions (pay, place of work, working hours), unless a difference is objectively justified,
  • is not wholly degrading or humiliating in view of the employee’s previous position and qualifications,
  • is genuinely available within the employer’s business.

Under Section 41(3) of the Czech Labour Code, if the employer cannot achieve the purpose of the transfer within the existing employment contract, the employer may transfer the employee even to a different type of work than originally agreed, even if the employee does not consent. 

Unsuitable work is work that:

  • requires completely different qualifications that the employee does not have and cannot obtain within a short period of time,
  • is significantly worse paid without an objective justification,
  • is located in a completely different place that is difficult for the employee to reach without their consent,
  • is clearly below the employee’s level (e.g., a senior manager is offered a cleaning position),
  • is not realistically available (you offer a position that no longer exists or is already filled).

Common mistakes made by employers:

  • They transfer the employee to a job that does not exist or is already filled.
  • They transfer the employee to a job with a significantly lower salary without a direct reason.
  • They transfer the employee to another job that would mean a significant change in the employee’s life situation (e.g., in a different city without consent).
  • They deliberately transfer the employee to meaningless work with the aim of making them give up on their own. 

ARROWS’ Prague-based law firm practice shows that employers often make exactly these mistakes, and the court then orders them to pay wage compensation for the period of invalid termination of employment.

When can an employer give notice without transferring the employee to another job

Under the current Czech Labour Code, for standard grounds for termination (including organisational changes or health-related reasons), the employer is not required, before giving notice, to look for and offer the employee another suitable job. 

Below are selected situations related to the end of employment: 

Breach of obligations by the employee

The Czech Labour Code distinguishes two main grounds for termination related to work duties:

  • Section 52(g) of the Labour Code: Termination for breach of obligations arising from legal regulations relating to the work performed (e.g., unauthorised absence, theft, gross misconduct). Here, in the case of repeated less serious breaches, you must give the employee a written warning within the last 6 months about the possibility of termination. In the case of a serious breach, such prior warning is not required.
  • Section 52(h) of the Labour Code: Termination for a particularly gross breach of the regime of an insured person temporarily unfit for work (e.g., the employee does not comply with the place of stay during sick leave).
Termination of a fixed-term employment relationship

A fixed-term employment relationship ends upon expiry of the agreed term, without the need for notice (see Section 48(2) of the Labour Code).

But note: A fixed-term employment relationship may be agreed for a maximum of 3 years and may be repeated or extended with the same employee no more than twice (i.e., a maximum of 9 years in total). 

If you breach this rule and the employee notifies you in writing before the expiry of the term that they insist on continued employment, the employment relationship automatically becomes indefinite. You can then terminate it only by standard notice based on a statutory ground (again, however, without any obligation to offer another position). 

Closure of the employer or part of it (Section 52(a) of the Labour Code)

If the employer or part of it is being closed down, this is a ground for termination. In this case, you give the employee notice for organisational reasons and they are entitled to statutory severance pay. Even in this situation, as an employer you have no obligation to look for or offer the employee another suitable job. 

Related questions on transfer to another job

1. The employee cannot perform the work according to a medical assessment. How long do I have to wait before I can give notice?

You do not wait for any period. You proceed immediately once you receive a medical assessment confirming a long-term loss of fitness to perform the current work. First, you must transfer the employee to another suitable job. Only if you have no suitable job for them does an obstacle to work arise, and you may proceed with termination for health reasons under Section 52(d) or (e) of the Labour Code.

2. Can I transfer an employee to a position I make up so that they give up and leave?

No. If you transfer an employee to another job, the law requires that the new job be “suitable with regard to their health condition and abilities and, if possible, also to their qualifications.”

3. What formal procedure must be followed when transferring an employee to another job? 

The employer is obliged to discuss in advance with the employee the reason for the transfer to another job and the period for which it is to last. If the transfer results in a change to the content of the employment contract, you must issue the employee with written confirmation of the reason for the transfer and its duration. 

Special rules for protected persons

Pregnant employees and persons taking maternity, paternity or parental

leave are protected by the so-called protection period, during which a strict ban

on termination applies (Section 53 of the Labour Code). There are only very narrow exceptions to this ban (Section 54 of the Labour Code):

  • Closure of the employer or part of it: On this ground (Section 52(a) of the Labour Code), notice may be given to everyone.
  • Relocation of the employer: On this ground (Section 52(b) of the Labour Code), notice may be given only to persons on (longer) parental leave; the law expressly prohibits giving notice to pregnant employees, persons on maternity or paternity leave, and persons on parental leave for the period during which the woman would otherwise be taking maternity leave.
  • Grounds for immediate termination of employment: For these serious reasons, notice may be given, for example, to a pregnant woman, but it is prohibited to give it to an employee on maternity or paternity leave or to a person on parental leave for a period corresponding to the length of maternity leave.
  • For other (less serious) breaches of work duties under Section 52(g) and (h) of the Labour Code, giving notice to any of the protected persons listed above is completely prohibited.
Trade union members

For ordinary employees and ordinary trade union members, the employer is required to discuss the notice in advance with the trade union organisation. Enhanced protection applies exclusively to members of the trade union body (during their term of office and for 1 year thereafter). To terminate such an official, the employer must obtain the prior consent of the trade union organisation. 

If the trade union body refuses to give consent, the notice is invalid; however, the employer may apply to the court. If the court decides that it cannot fairly be required of the employer to continue employing the employee, the notice is valid despite the union’s lack of consent (Section 61(4) of the Labour Code). 

Potential issues

How ARROWS can help (office@arws.cz)

Invalid termination notice – you give notice without checking whether you first have a duty to transfer the employee to other work; the employee files a lawsuit and the court invalidates the notice. 

We will help you verify whether termination is appropriate, or whether you must transfer the employee to other work; in the event of a dispute, we will represent you in court

Long-term financial burden – the employer is obliged to pay wage compensation for the entire period of the invalid termination of employment; alternative: high severance pay

We will ensure that the transfer process or the subsequent termination is legally correct; we will monitor deadlines and formal requirements.

Dispute involving a disabled employee or a pregnant employee – stricter rules, risk of invalid termination and administrative fines

We will help you review the special rules applicable to protected persons.

Uncertainty as to what “suitable” work is – you have a vacancy in the company and are unsure whether you may transfer the employee to it 

We will assess the specific situation and explain whether the job is truly suitable under current court case law

How it is handled in practice: typical scenarios

Theory is one thing, but what do specific scenarios look like in a company’s day-to-day operations? The following examples illustrate the most common moments when it is necessary to correctly assess whether an employer must transfer an employee to other work in accordance with the Czech Labour Code.

Scenario A: Renovation of operations, change of technology

You have decided to switch to a new production system. Some employees who work with the old system cannot learn the new one (e.g., due to age, health condition, or education) and become redundant. 

Solution: In this case, you have no statutory obligation to offer them other work. You may proceed directly with termination due to redundancy (Section 52(c) of the Czech Labour Code). However, it is important to have your decision on the organisational change carefully documented, as a result of which these specific employees truly became redundant. 

Scenario B: The employee cannot perform work according to a medical assessment

An employee has been on sick leave for 6 months. After it ends, a medical assessment from the provider of occupational medical services states that she has long-term lost the capacity to perform her original physically demanding job, but is able to perform lighter administrative tasks. 

Solution: In this situation, you have a statutory duty to transfer the employee to other work that is suitable for her health condition (Section 41(1)(a) of the Czech Labour Code). If you do not have a suitable administrative job for her (or any other suitable job), you may proceed with termination for health reasons (Section 52(d) of the Czech Labour Code). 

The attorneys at ARROWS, a Prague-based law firm, regularly assist in these situations – whether employers who want to act correctly and avoid disputes, or employees dealing with an invalid termination.

Related questions on transfer to other work

1. Can an employee refuse a transfer to other work? 

A transfer to other work is a unilateral act of the employer; the employee’s consent is not required in this case. The condition, however, is that it must be genuinely suitable work (corresponding to the employee’s health condition, abilities and, if possible, qualifications).

2. Does pay have to change significantly when you offer an employee other work?

If the work corresponds to the employee’s existing qualifications and level of responsibility, wages usually do not change. However, if you must transfer the employee to a lower-paid position and this occurred due to the risk of an occupational disease, reaching the maximum permissible exposure, or due to quarantine, the employee is entitled by law to a wage (or salary) top-up equalising their previous average earnings. In the case of a general loss of medical fitness for other reasons, the employee is not entitled to such a top-up by law and receives wages corresponding to the newly performed work. 

Final summary

Deciding how to proceed in cases of health issues or redundancies,  is one of the most common legal problems in HR. On paper it looks simple: the employee cannot perform work according to a medical assessment → transfer to other work → possibly termination. Reality, however, is more complex.

The legal reality includes a number of procedural requirements, exceptions and nuances. A mistake in where you transfer the employee, what medical assessment you have for it, to whom and when you give notice, can cost you significant amounts in wage compensation, severance pay (if there is an entitlement) or legal costs of court proceedings. Special rules apply to pregnant employees, parents on maternity and parental leave, and trade union officials. 

If you want to avoid unnecessary disputes, flawed processes and breaches of the law, it is safer to turn to the attorneys at ARROWS, a Prague-based law firm. We can prepare proper documentation for the transfer so that everything is legally sound – and therefore your decision will stand up even in the event of a dispute. Contact us at office@arws.cz.

FAQ

1. Can an employer deliberately transfer an employee to unsuitable work so that they give up and leave on their own? 

In theory, it might seem clever to some, but in practice it does not work. The Czech Labour Code strictly requires that, when transferring an employee to other work, the work must be suitable for the employee in view of their health condition and abilities. If a court were to assess that the transfer was manifestly unsuitable, unrealistic or harassing, it would consider it invalid. The attorneys at ARROWS would rather help you with a proper and legally safe procedure that will stand up. 

2. What if the employee is employed for a fixed term – do I have to look for other work for them? 

If the employment ends upon expiry of the agreed term, it ends automatically and you have no obligation to provide or look for other work for the employee

3. How long does it take to resolve a dispute over the invalidity of a termination notice in court?

It depends on the complexity of the case and the court’s workload, but it is usually 6–18 months, sometimes longer. After the court’s decision, if the termination is found invalid, the employee is entitled to wage compensation for the period of the invalid termination of employment. That is why it is much cheaper to do it correctly from the start than to deal with a dispute later. If anything is unclear, contact the attorneys at ARROWS, a Prague-based law firm, at office@arws.cz. 

4. What documents do I need to prove that I lawfully transferred an employee to other work for health reasons? 

The most important supporting document is always a medical assessment issued by the provider of occupational health services (the company doctor), which clearly states the long-term loss of fitness to perform the employee’s current work. You must also have demonstrable documentation that you discussed the reason for and duration of the transfer with the employee in advance, and you must issue the employee a written confirmation of the transfer. The attorneys at ARROWS can help you draft these documents correctly so that they are legally sound. 

Disclaimer: The information contained in this article is for general informational purposes only and serves as a basic guide to the issue as of 2026. Although we strive for maximum accuracy, laws and their interpretation evolve over time. We are ARROWS Law Firm, a member of the Czech Bar Association (our supervisory authority), and for the maximum security of our clients, we are insured for professional liability with a limit of CZK 400,000,000. To verify the current wording of the regulations and their application to your specific situation, it is necessary to contact ARROWS Law Firm directly (office@arws.cz). We are not liable for any damages arising from the independent use of the information in this article without prior individual legal consultation.

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