We will make you unemployed!

This is how the rich experience of Radio ГA / ГA in the field of labor law could be paraphrased.

Radio ГA / ГA has already had several cases of strange dismissals in the past.

It is an open secret that there are employees working here who are assigned to 3 categories of employment contracts - first are US citizens whose employment relationship is governed by US law, next Czechs with whom the station concluded employment contracts according to Czech law and which should be protected by the Labor Code. Even here, however, there have been cases of unequal pay in the recent past, when a "more loyal comrade" could earn much more for a similar or the same job position and which was reported to the European Parliament. Third , a disadvantaged group, are foreigners from third countries.

Job applicants from this group are allegedly presented with employment contracts with a disadvantageous clause, namely the rights of the United States of America. The employer terminated the employment relationship with both former employee without giving reasons. Although both of them did not agree with this statement, the Czech courts did not provide effective protection to these workers who paid extra for the clause. American labor law is practically inapplicable to the case of a contract concluded with a foreigner, since the protection provided by American law can only be claimed by employees if they are working in the US or abroad, but on the condition that they are US citizens.

More information can be found in the letter of the Czech Helsinki Committee entitled "Violations of human rights in a radio station..." here from 2014.

What about Snjezana Pelivanová?

The fired employee, Croatian citizen Snjezana Pelivanová, appealed to the European Court of Human Rights (ECtHR) in Strasbourg and sued the Czech Republic. The Czech Republic, as a country that hosts an American company on its territory, is accused of not ensuring her rights to the prohibition of discrimination and to a fair trial, which are guaranteed by the European Convention for the Protection of Human Rights and Fundamental Freedoms. The Pelivanova's case directly concerns the Czech Republic as the defendant. Ms. Pelivanová officially asked the Croatian government to support her cause in Strasbourg.

While the essence of the case Pelivanová vs. The Czech Republic is the labor policy of an American institution operating in Prague, but the responsibility for this policy, including financial compensation, lies with the Czech Republic.

What about Anna Karapetianová?

The legal claim brought against the Radio by Armenian citizen Anna Karapetianová reached the Constitutional Court of the Czech Republic after it had already been reviewed six times (!) by lower courts, which have different opinions on whether American labor laws are compatible with Czech public order and legal order and whether they are therefore applicable on the territory of the Czech Republic.

Finally, a few words

Both women, Snjezana Pelivanová and Anna Karapetianová, after many years of service with positive evaluations of their work performance, were dismissed based on American labor laws and Radio's internal guidelines without giving any reason, without prior notice, without disciplinary action if there was a reason for such punishments, and even without payment of severance pay for years of service, because both refused to waive in writing their right to appeal to the courts - which is an inalienable human and civil right in any democratic state, including the Czech Republic.

In my next posts, I will try to publish all the circumstances, their details and especially the background of the events that led to my resignation. Although I understandably do not know the details of the statements delivered to my former colleagues, there is something in common between them:

Same scenario so far

• termination "delivered" after more than 15 years of work

• work results all the time with excellent and very good evaluation

• without prior notice of any shortcomings in the performance of his work duties

• without any disciplinary punishment, on the contrary with a regular financial award

• dismissal without a hearing and only based on manipulated evidence

• multiple violations of the Labor Code

• without payment of severance pay for years of service

• limiting the right to a fair trial

It is a visible attempt to set a precedent that could also be used in other dismissals of other Czech employees.

Unfortunately, the development of events surrounding my ex-colleague's further statement proves me right in this.