Elimination of position against termination of an employment contract

Bibliogr. s. 108-110

The concept of elimination of a job position does not appear in the Labour Code, however, it is commonly used in legal discussion. An attempt at clarifying its meaning encounters considerable difficulties, which is related to the fact that the term "position" is ambiguous. The relationship between the position and the type of work remains particularly disputable. The indicated issue becomes relevant when the contract of employment is terminated due to elimination of a job position. In this case, the way the elimination of a position is understood has a direct impact on the legitimacy of claims made by the employee. Employer finds itself in a favourable situation due to the perception of this term as being dominated by the organisational aspect. In many cases it is impossible to effectively terminate the employment contract by equating a job position with the contractual type of work.