How can an employer terminate an employment contract with an employee who is a member of an employee trade union?

Upon termination of an employment contract at the initiative of the employer, the provisions of the Labour Law are aimed at the protection of the interests of employees – members of trade unions, hereinafter – the Trade Union.

Thus, according to the generally accepted rule, an employer is prohibited from terminating an employment contract with an employee who is a member of the Trade Union without the prior consent of the relevant Trade Union if the employee has been a member of the Trade Union for more than six months.

Prior to giving a notice of termination of an employment contract, an employer has the obligation to ascertain whether the employee is a member of the Trade Union.

Without the consent of the Trade Union, the employer shall have the right to terminate the employment contract with an employer – a member of the Trade Union, only:

• during the probationary period;
• if the employee, when performing work, is under the influence of alcohol, narcotic or toxic substances;
• if an employee who previously performed the respective work has been reinstated at work;
• if the employer is being liquidated.

The Trade Union has the obligation to inform the employer of its decision in good time, but not later than within seven working days from the receipt of a request from the employer. If the Trade Union does not inform the employer of its decision within seven working days, it shall be deemed that the Trade Union consents to the notice of termination by the employer.

An employer may give a notice of termination of an employment contract not later than within one month from the day of receipt of the consent of the Trade Union.

If the Trade Union still does not agree with the notice of termination of an employment contract, the employer may, within one month from the day of receipt of the reply, bring an action in court for termination of the employment contract.

When filing a lawsuit, the employer must state the circumstances that led to the termination of the employment contract and justify why the Trade Union’s decision is unjustified.

The basis for termination of the employment contract in this case is the court decision that has entered into force.