Place of jurisdiction of the labor court - how to determine the correct address?

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It happens that employers do not know what the correct local jurisdiction of the labor court should be on the employment certificate and termination of the employee's employment contract. This is because very often the place of work and the place of residence of the employee are different. What address of the labor court should be entered in the employee's documents?

The legal basis for the obligation to enter the address of the labor court on the notice and employment certificate

Pursuant to Art. 30 § 5 of the Labor Code, the employer is obliged to enter in the content of the notice of termination of the employment contract information concerning the right to appeal to the labor court.

Art. 30 § 5 of the Labor Code

The employer's statement on the termination of an employment contract or its termination without notice should contain an instruction on the employee's right to appeal to a labor court.

This article is of an instructional nature and the employer does not have to enter the exact address of the labor court, but it is usually the case.

Regardless of the contract between the parties, and therefore regardless of whether it is an employment contract concluded for a definite period or for an indefinite period, the employer is obliged to inform the employee about his right to appeal to the labor court.

The local jurisdiction of the labor court is therefore extremely important - the employee has the right to appeal to the labor court within 21 days from the date of service of the letter terminating the employment contract. However, an employee is entitled to 7 days to appeal against the termination of an employment contract without observing the notice period.

Defective indication of the territorial jurisdiction of the court may not be the basis for declaring the termination invalid.

In the content of the Regulation of the Minister of Labor and Social Policy of 15 May 1996 on the employment certificate, in the attached template there is an instruction on the possibility of appealing to the labor court competent to examine the employee's application for correction of the employment certificate.

A NOTICE

The employee may, within 7 days from the date of receipt of the employment certificate, request the employer to correct the certificate. If the application is not granted, the employee has the right, within 7 days from the date of receipt of the notification on the refusal to rectify the employment certificate, to submit a request for rectification of the employment certificate to the District Court - Labor Court in

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(legal basis - Article 97 § 21 of the Labor Code)

Failure to receive instructions on the right to appeal to the competent labor court may constitute grounds for reinstating the deadline for this activity.

Place of jurisdiction of the labor court

The local jurisdiction of the labor court is defined in Art. 461 § of the Code of Civil Procedure, which reads:

Art 461§ 1.

An action in matters relating to labor law may be brought either before the court of general jurisdiction of the defendant, or before the court in whose district the work is, was or was to be performed, or before the court in whose district the workplace is located.

§ 11.  

The jurisdiction of district courts, irrespective of the value of the subject matter of the dispute, includes cases in the field of labor law for establishing the existence of an employment relationship, for recognizing the ineffectiveness of termination of employment, for reinstatement and restoration of previous working conditions or remuneration, as well as claims and damages pursued together with them. in the case of unjustified or violating the provisions of termination and termination of the employment relationship, as well as cases related to ordinal penalties and employment certificates and related claims.

Pursuant to the above provision, the employee has the right to choose the labor court that will suit him due to:

  • at the place of residence,
  • employee's place of work,
  • the place of the employer's seat.

Therefore, Art. 461 of the Code of Civil Procedure stipulates that the local jurisdiction of the labor court is alternating, which is to facilitate the conduct of the case by the plaintiff.

On the other hand, the employer enters the address of the court in which the employee worked or in the district consistent with the company's seat in the content of the notice of termination of employment and the content of the employment certificate. He may also introduce both of these courts in the letters and ultimately the employee will be able to choose the appropriate labor court for him.