Czech Republic: Major Changes to Czech Labour Code Coming in October
Author: Klára Sleglova
The Czech Parliament has adopted a comprehensive amendment to the Labour Code. If the President does not hesitate to sign the new law, a significant part of the amendment will take effect on 1 October 2023.
In the case of teleworking, the employee and the employer will now have to conclude a written agreement on this way of working. Both parties will be able to terminate the agreement for any reason with a 15-day notice period.
The amendment also regulates reimbursement for costs incurred by the employee in connection with the performance of remote work. The employer will reimburse for these costs either at the amount duly proved by the employee or at a flat-rate amount if the parties have so agreed or if an internal regulation so provides. However, the employer and the employee may also agree in writing in advance that the employee will not be entitled to reimbursement for costs in connection with the performance of remote work. This is a change from the initial proposals, which envisaged reimbursement for costs only in a flat-rate amount.
Electronic delivery of important documents
The new amendment to the Czech Labour Code simplifies the delivery of employment documents. It narrows the list of important documents, which can now be served without meeting the strict requirements. The stricter conditions will continue to apply only to documents relating to the termination of the employment relationship, dismissal from or resignation from a managerial post, and pay slips.
The amendment also introduces a new rule of delivery for documents delivered electronically. This means that the documents will be deemed to have been delivered after 15 days, even if the employee does not confirm their receipt. However, electronic delivery can only take place if the employee has given their (revocable) consent in writing. These changes should make it easier for employers and employees to conclude employment contracts and agreements on the termination of employment relationships.
Agreements on work performed outside the employment relationship
As of 1 January 2024, employees working under agreements on work performed outside the employment relationship will also be entitled to paid leave and premiums for working on public holidays, night work, working in difficult working environments, and weekend work. They will also have to be informed of their working hours at least three days in advance.
Information about the content of the employment relationship
The amendment further extends the employer´s obligation to notify the employee of certain facts related to the content of the employment relationship within seven days from the date of its commencement, or of changes to the content of the employment relationship no later than on the day when such changes take effect.
The set of information provided to employees when posted to another EU Member State or to a third country will also be significantly extended.
Other changes introduced by the amendment include:
- Obligation for employees wishing to take parental leave to inform their employer 30 days in advance,
- Increase in allowed overtime work for medical staff, and other changes.
- Employees and employers will have to enter into a written agreement in the case of teleworking. The agreement can be terminated by either party with a 15-day notice period.
- Electronic delivery of certain labour law documents will now be easier.
- The information obligation for employers towards new employees and job applicants will be considerably increased.