The Employee is the Weaker Party under the Law

The Employee is the Weaker Party under the Law

An employee is considered the weaker contractual party by law. Employment law is characterized by significant protection of the employee's rights in relation to employers. Theoretically, the employee should be the stronger party in a dispute. However, in practice, this concept faces a range of issues, which we will briefly explore in this article.

Where is Employee Protection Defined?

The legal basis for employee protection can be found in both Czech and European legislation. The primary source is the Labour Code. When enforcing employee rights, the following levels can be relied upon:

• Ensuring a minimum standard. The employer must not deviate from the minimum standards set by the Labour Code in their relationship with the employee (e.g., an employee cannot work while on sick leave, they cannot waive their wage compensation in advance, etc.).

• Interpretation of the law in favor of the employee. When interpreting the rights and duties of the employee, an interpretation that benefits the employee shall take precedence.

• Strict approach towards the employer. The Labour Code imposes a very strict regime for the exercise of certain rights by the employer. While the employer may terminate the employment relationship without providing a reason, the employee can only terminate the relationship if legal grounds prescribed by law are met. If the employer fails to fulfill their legal obligations, the employee may challenge the termination by filing a lawsuit.

What Challenges Does Employee Protection Face in Practice?

• Lack of Key Knowledge among Employees

Employees often lack the ability to navigate the complex web of legal regulations. The proper exercise of an employee's rights frequently encounters a lack of key information that the employee cannot obtain without expert help. Even when the employee is in the right, they may not be aware of it, causing them to lose the advantage of their legal position.

Employers take advantage of this situation and are often reluctant to educate employees on labor law matters, as it is not in their interest. Employers do not have to play fair, and they benefit from the fact that employees will not challenge them. We assist you in understanding your rights and opening the path to their enforcement.

• Lack of a Reliable Partner

Employees often lack a stable partner to turn to in case of issues. Unlike employers, employees do not typically address legal problems. When faced with difficulties, employees often do not know where to seek help.

We launched this project with the awareness of the unequal position of employees in relation to employers, aiming to balance the chances for employees to achieve justice. Through our support, we help level the playing field between employees and employers in labor disputes. We are your support and stable partner throughout the process of enforcing your employee rights.

• Employees Often Lack the Strength to Act

The fear of failure in a case is often an obstacle that prevents employees from pursuing their claims. A significant factor is the weaker economic position of the employee compared to their former employer. Employees often do not have enough resources to engage in litigation, and as a result, they decide to step back.

Our project was created to support all employees who want to defend their rights but would not normally have enough resources to fund a dispute. We bear the costs of legal services for you and share the success only in the case of a favorable outcome. Our legal representatives fight for you.

• Lack of Experience

Employers frequently deal with a variety of legal issues related to employment relationships. They are therefore relatively prepared for potential disputes with employees. Employers benefit from the experience they have gained, which they can use to their advantage when issues arise. As a result, employees may find it difficult to assert or even lose their claims altogether.

The only way to prevent these situations is by choosing the right partner and advisor. This ensures that you have a partner who, due to their experience, will guide you through the maze of legal pitfalls that employers might set for you.

What Should be Advised?

Do not be afraid to defend your rights. An employee is not just a tool to be exploited in the hands of the employer. If you find yourself in trouble, seek out a legal partner who will help you find a solution.

Do not rely on the promises of your employer. Actively seek legal help from those who have your interests where they should be—on your side.

Are You Lost in the Jungle of Employment Law?

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