Employer's duty of offer

One of the most frequently underestimated obligations in termination of employment by giving notice is the so-called offer obligation (Section 63 (2) of the Labour Code). This is also one of the most common reasons for the court to find a termination to be invalid, because the fulfilment of the offer obligation is a so-called substantive condition for the validity of the termination. Situations where the employer has several vacancies and does not know whether they are obliged to offer the employee all of them or whether offering only one of them is sufficient are especially problematic. The Labour Code does not address this situation, but the case law has concluded that it is not necessary for the employer to offer the employee all suitable vacancies. It is sufficient for the employer to offer the employee only one of several suitable vacancies. However, in the event of similar vacancies, a dispute may arise as to which is most suitable for the employee, particularly in view of their qualifications. For this reason, in the event of similar vacancies it is appropriate to offer the employee all such vacancies to avoid any dispute as to whether the duty of offer has been fulfilled.