Incorrect procedure: removal of a job seeker from the records of job seekers

The Labour Office of the Czech Republic removed a job seeker from the records of job seekers on the grounds of non-fulfilment of the conditions stipulated in his individual action plan as he had failed to appear for an information meeting. The job seeker objected in the administrative proceedings that he was suffering from memory impairment, which he documented by psychological evaluation, and that this was the reason why he failed to appear for the meeting in time. The decision of the Labour Office of the Czech Republic was confirmed in the subsequent appellate procedure by the Ministry of Labour and Social Affairs. The job seeker therefore filed a complaint with the Public Defender of Rights.

Within investigation, the Defender found the procedure taken by the Labour Office of the Czech Republic and the Ministry of Labour and Social Affairs incorrect, because they both failed to treat the presented medical certificate (on psychological evaluation) as serious grounds for the failure to appear at the meeting. The Defender considers the approach taken by both these authorities excessively formalistic insofar as they argue that it cannot be proven that the memory impairment actually affected the job seeker on the date of the agreed meeting. The job seeker’s memory impairment has a long-term nature, which was confirmed by the said evaluation, and the two authorities should therefore have taken this fact into consideration.

The Labour Office of the Czech Republic subsequently promised that it would pay increased attention to similar cases in the future and would regularly discuss complex cases at internal meetings with a view to ensuring uniform approach by all its employees. The Defender considers this measure sufficient to prevent possible future recurrence of the incorrect procedure.

However, to remedy the situation of the complainant, who was removed from the records of job seekers based on an excessively formalistic decision, the Defender suggested that the Ministry of Labour and Social Affairs cancel both decisions in review proceedings. However, her proposal was rejected.

Since remedy by the Ministry of Labour and Social Affairs was not attained even after the Defender had exercised her authority to impose a penalty pursuant to the Public Defender of Rights Act in view of the aforesaid state of affairs and after she had informed the public, she hereby submit this information to the Chamber of Deputies of the Czech Parliament.