Amendment to the Labour Code

It is currently in the comment procedure and some of the points of the draft are expected to be modified.
It will then have to be approved by the government and the legislators. It should then start to apply after its publication in the Collection of Laws, which could be in the first quarter of next year.

A number of amendments to the Labour Code result from the enactment of two European directives – on the work life balance (WLB) and on transparent and predictable working conditions in the European Union (TPWC).
We will inform you of any changes to the proposal as well as the approval of the law.

Proposed amendments:

1. Remote work / Home office

• Introduction of a written agreement on HO, specification of content of the agreement.
• Introduction of the right to HO for a pregnant employee or for persons caring for a child under 15 years of age (the employer will have to approve a request, unless it is prevented by serious operational reasons or the nature of the work, a written justification of what prevents work from home will have to be prepared).
• The employer will only be able to order HO by the employee if it is specified by the state (a state of emergency, closure of certain parts of the entities for serious reasons, etc.).
• The obligation to pay expenses to employees on HO in the amount of CZK 2.80 per hour of work (an hourly flat rate for gas, electricity, water, waste); the amount would be set annually by the Ministry in a decree.
• The employer’s obligation to ensure OHS for employees on HO as well as inspecting the OHS.
• The scheduling of the working hours on HO.
• The possibility of giving notice for HO within 15 days, but with pregnant employees, it will only be possible to terminate the agreement for serious operational reasons.

2. Informing the employee of the rights and obligations arising from the employment relationship

• The extension of the scope of data and mandatory information that the employer must provide to the employee; this also applies to posted employees.
• The obligation to inform employees within 7 days of the start of the employment.
• The obligation to also inform employees in writing about changes to the data provided without delay and at the latest on the date on which a particular change takes effect.
• The employer will be obliged to prove that the employee received the information.

3. Digitisation and delivery

• Electronic delivery to employees - possibility to send an employment contract or supplement, but also notice of dismissal, electronically, i.e., by e-mail, if the employee informs the employer of his/her own e-mail address and agrees with this method of delivery.
• Fiction of delivery - within 10 days - if the employee does not confirm receipt of a document by this time, it will be considered to be delivered on the 10th day.
• Electronic delivery to employer – the employee will not need the employer‘s consent for electronic delivery; the same fiction of delivery will also apply here.

4. Parental leave

• A written request from the employee to provide parental leave, indicating the planned duration of parental leave, at least 14 days in advance.
• Possibility to apply for parental leave repeatedly (i.e., repeatedly re-extend parental leave).

5. Work agreements made outside of employment (Contracts for Work, Work Performance Agreements)

• The employer’s obligation to schedule the working time in writing and to inform employees about it at least 1 week in advance.
• For Work Performance Agreements, the period in which compliance with the maximum range of half of the weekly working time is monitored will be shortened from 52 weeks to 26 weeks.
• The right of the employee to provide all obstacles to work, holidays, overtime payment for work at night, on holidays, in a difficult environment and on the weekend.
• The right of the employee to a written justification of the notice of dismissal.
• The possibility of the employee to ask the employer to conclude an employment contract if he/she has worked for at least 6 months on a Contract for Work, Work Performance Agreement in the last 12 months.

6. Litigation for termination of employment

• For the invalidity of the notice of dismissal, invalidity of immediate termination or the invalidity of immediate termination in the trial period.
• If the employee insists that he/she has been given notice of dismissal because he/she claimed his/her rights under some provisions of the labour code, the employer will have to prove that the employee’s notice of dismissal was given for a different reason than what the employee claims.
• The amendment adds cases where the aforementioned procedure will take place and provides for a list of specific provisions of the labour code that will allow this.