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JŠK Legal Flash

What are an employee's obligations after returning from a holiday abroad?

The employee must first tell the employer in which country he or she has been in the last 14 days. If the employee does not have an exemption (for example, 14 days have passed since the completion of vaccination), he or she must present a negative COVID-19 test before entering the workplace. The requirements as regards the age or type of test vary according to the risk of infection in the country that the employee travelled to. In general, without a negative test or proof of an exception, the employer may not let the employee into the workplace. The only exception is when the employee came from a country with a low or medium risk of infection. Then the employee can be admitted to the workplace, but he or she is obliged to wear a respirator until the result of the test is known.

12. 7. 2021

(Un)Safe necessary road

For a property to be used as it should, the owner must have access to it from a public road. But not all properties are directly connected to a public road. The owner must then agree with a neighbour to establish a right of use to pass through to his property. If they do not come to an agreement, the owner may request the court to establish a necessary road. However, the court will not allow the necessary road if the lack of access was caused by the owner himself out of gross negligence or intentionally. According to the Supreme Court, gross negligence in certain circumstances may be buying real estate without a secured connection to a public road. However, buying a property without secured access cannot be automatically understood as gross negligence. It is necessary to assess whether the buyer was aware of the absence of access to the acquired property at the time of the purchase, how he handled the information and whether he tried to gain access before buying. Therefore, if you decide to buy a property, we recommend conducting a legal analysis of access to it. If access is not secured, take steps to secure it before the transaction is completed, as the concept of necessary road cannot always be relied upon.

(NS 22 Cdo 3242/2015, NS 22 Cdo 2432/2016, NS 22 Cdo 1826/2020)

8. 7. 2021

Can an employer withdraw from a non-compete clause without giving a reason?

The Labour Code allows employers to withdraw from a non-compete clause only for the duration of the employee's employment. According to the existing case law of the Supreme Court, however, it was also true that even if the parties agreed, it is not possible to withdraw without giving a reason. The Constitutional Court rejected the above conclusion, declaring it inadmissible judicial completion of the law. In practice, this means that employers will be able to withdraw from a non-compete clause without giving a reason. However, it will always be necessary to examine whether the employer has acted arbitrarily or abused its rights, which could render the withdrawal invalid.

(Judgment of the Constitutional Court of 21 May 2021 File II. ÚS 1889/19)

18. 6. 2021
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