Tuesday May 24, 2022

In custody with a regular salary? For a normal employee

A normal employee who finds himself in custody usually takes unpaid leave and I get a dismissal and dismissal. The accused MP David Rath receives a salary of more than 58 thousand crowns gross and it will be only about 29 thousand reimbursements for representation and beginnings.

What is the financial impact when a normal hunter who is employed gets into custody? Explained lawyer Veronika Plekov from the law firm Havel, Holsek & Partners.

Did the employer fire the detained employee immediately? If so, for what reason?
Detention in itself did not constitute a reason for termination and immediate termination of employment of the employee. The bag will always fly for reasons for which this employee is penalized. If, for example, it is due to suspicion of a criminal offense of misconduct of his relative, the conditions for unilateral termination of employment by the employer will not be met. These may occur and after a final conviction of the employee.

If the employee will be withdrawn for suspicion of committing a criminal offense, which is related to the performance of his work, it cannot be ruled out that the employer terminates the employment relationship for breach of duty arising from the first regulations relating to employees canceled will usually be met in such situations.

Can the employee be tied to the employee to agree on unpaid leave with the employer?
In the event of remand in custody, the employer’s employee may apply for the provision of unpaid leave, also referred to as “unpaid leave”, for the duration of the detention period. According to our experience, the employer usually meets these requirements.

What if the employer does not find out that the employee is in custody? Should such a situation occur and how can this impact?
Yes, in practice, such cases may actually occur, or the accused employee will use his first guaranteed crime and declare such significant disagreement. In these circumstances, it is probable that the employer, after a certain period of delivery, will immediately terminate the employment of the employee at the last known address due to unexcused absence.

If the custodian is found to be innocent, can I demand that they take him back to work?
If there is a termination of employment, the employee did not file an action to determine the invalidity of such termination of employment or the court did not satisfy him, I will of course file two employers for the conclusion of a new employment. However, it will only be up to the employer to comply with his request and agree on the conclusion of a new employment contract.

M nevinn lovk nrok na njak odkodnn?
According to the valid first right, the person on whom the detention was executed is the first to replace the code caused by the decision on detention, if the criminal offense was stopped, if the packaging was revoked or if the case was transferred to another authority. The person must file his / her claim with the Ministry of Justice. According to the unifying opinion of the Civil and Commercial Chamber of the Supreme Court from January this year, any compensation should be between 500 and 1500 crowns for each day of permanent detention.

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