Summer – a period of holidays and summer jobs

First, let’s summarise some rules about drawing on vacation time.

The Labour Code states that employer determines the time when the holiday is taken. In practice, however, it is common that the employee comes with the proposal of the dates for his/her holiday and applies for it. However, the final word is always given to the employer, who can either approve the employee’s application for holiday time or reject it without giving any reason.

When planning a holiday, it is necessary to take into account the employer’s operating reasons (e.g., expected fluctuations in production) and the employee’s legitimate interests (child care during their holidays, family holidays). 

The Labour Code also determines the condition that “if employees are granted leave in several sections, at least one part must be at least 2 weeks in whole, unless the employee and the employer agree on another length of the drawn holiday.”

When ordering an employee to take holiday time or when approving the employee's application for holiday time, the employer must do so at least 14 days in advance, in writing. However, there is also the possibility of a shorter or immediate start of holiday time, by mutual agreement between the employee and the employer.

The Labour Code also refers to the collective use of holiday time, when the employer decides that all the employees, or a great part of them, will take holiday time at the same time. This is common in shift operations, where production stops or is significantly reduced for two weeks. The conditions in this case are that the collective holiday must be agreed upon by the trade union and the council of employees, it must be necessary for operational reasons and it must not exceed two weeks (for artistic ensembles four weeks). 

Summer jobs are also part of the summer holidays. What are the rules concerning the employment of students and adolescents?

The employment of persons under the age of 15 is prohibited. There are also cases where these persons can be employed, however, their health, and physical and mental development must be taken into account, compulsory schooling and further education must not be prevented, the work carried out can only be in the field of artistic, cultural, advertising or sports activities.

Persons over 15 years of age may be employed. Minors (persons aged 15 to 18 years) can perform the work even without the consent of their parents (they must have two conditions fulfilled: they must have completed compulsory school attendance and they must have reached 15 years of age).

All the conditions for the employment of minors are governed by the Labour Code in Sections 243 to 247. Which conditions are the most important?

• Young people are not allowed to work overtime and at night.
• Minors may only perform work appropriate to their physical and psychological development and work that does not endanger their health.
• The working hours must not be more than 8 hours a day and at the same time 40 hours a week, even when working multiple jobs.

It is the employer’s responsibility to keep a list of the young employees who are employed there. The list must include the name, surname, date of birth and type of work carried out by that employee.

For short-term jobs, agreements to perform work (hereinafter referred to as “APW”) and fixed work agreements (hereinafter referred to as “FWA”) are the most widely used. The agreements must be concluded in writing in two copies, where one copy is received by the worker and the other by the employer.

The agreement to perform work is governed by Section 75 of the Labour Code. The APW is concluded for the scope of work, which must not exceed 300 hours per year. The advantage of the APW is that earnings up to CZK 10 000 per month are not subject to social and health insurance contributions. In combination with the signed Taxpayer Declaration, thus applying the tax discount and earnings up to CZK 10 thousand per month, the gross wage is equal to the net wage.

The fixed work agreement is enshrined in Section 76 of the Labour Code. On the basis of the FWA, the employee can work for the employer on average not more than half of the normal working week (i.e., 20 hours a week). The duration of the FWA is taken into account when calculating this average, but no longer than 52 weeks.

Whether you are entering into an agreement to perform work or fixed work agreement with an employee, the minimum wage threshold must be taken into account. For 2023, the gross minimum wage is CZK 17 300 per month. This is equivalent to the minimum hourly rate of CZK 103.80. 

Article prepared by: Zuzana Švecová