The employer is threatening me if I do not sign the agreement

Updated:

QUESTION

Where my former employer is threatening to take away my car documents and driver’s license if I don’t sign his agreement to terminate the employment relationship, is this a criminal offense?

ANSWER:

According to § 189 para. 1 of the Criminal Code: “Whoever forces another person by violence, threat of violence, or threat of other serious harm to do, omit, or endure something shall be punished by imprisonment from two to six years.”

Regarding the possible fulfillment of the criminal offense of extortion under § 189 para. 1 of Act No. 300/2005 Coll., the Criminal Code, we believe that the elements of this offense may not have been met, as the objective side of this offense requires violence, threat of violence, or threat of other serious harm.

According to § 192 para. 1 of the Criminal Code: “Whoever forces another person to do, omit, or endure something by abusing their material distress or urgent non-material need, or distress caused by unfavorable personal circumstances, shall be punished by imprisonment of up to three years.”

Regarding the possible fulfillment of the criminal offense of coercion under § 192 para. 1 of Act No. 300/2005 Coll., the Criminal Code, we believe that the elements of this offense may not have been met, as the objective side requires abuse of material distress or urgent non-material need or distress caused by unfavorable personal circumstances.

However, if you disagree with the termination of employment, your option would be to file a lawsuit with the court for the invalidity of the termination within two months from the day the employment was supposed to end, according to § 77 of the Labor Code: “The invalidity of termination of employment by notice, immediate termination, termination during probation, or agreement may be asserted by the employee or employer in court no later than two months from the day the employment was supposed to end.”

In this matter, we recommend contacting a lawyer to review your documents and explain the circumstances of signing the agreement so that a lawsuit can be filed within the deadline.

JUDr. Veronika Michalíková, MBA