Czech Republic: Gender Transition of an Employee

Author: Klára Sleglova

Under Czech law, employers have specific obligations to ensure that employees who undergo gender transition are treated fairly and with respect. This article will outline the key considerations for employers in this situation.

 

Employment Contract Continuity

Firstly, it is important to understand that a gender transition does not terminate an employment contract as such. The employment relationship remains valid and binding despite the change in the employee’s gender identity and, in connection, often the change of name. Therefore, it is not necessary to amend the employee’s contract. However, it may be desired or welcomed by the employee.

 

Use of a Different Name

In cases where the employee has not yet legally changed their name but wishes to use a different one, the Civil Code allows for the adoption of a pseudonym, even for private communications. A legal act under a pseudonym is valid as long as the identity of the person acting is clear and the other party cannot be in doubt about who is acting. Therefore, even without amending the employment contract, the employee can use their new name in other documents, such as protocols, etc.

 

Ensuring Compliance with Gender-Specific Workplace Safety Regulations

Czech legal regulations on workplace safety include several specific rules for men and women, such as the maximum permissible weight for lifting. It is crucial for employers to ensure that, following a gender transition, the employee performs work in accordance with these legal standards. This might involve adjusting work conditions and/or providing additional training for the employee. It must also be considered that Czech law prohibits women from performing certain types of work, while providing separately for special working conditions for pregnant women and mothers of very young children.

 

Preventing Workplace Harassment

One of the most critical responsibilities of an employer during and after an employee’s gender transition is to maintain a workplace free from harassment. Czech law mandates that employers create a safe working environment, which includes taking proactive steps to prevent discrimination and bullying based on gender identity. To achieve this, employers can and are encouraged to implement anti-harassment policies and provide educational programs for employees on this topic.

Key Action Points for Human Resources and In-House Counsel

• A gender transition does not terminate an employment contract. The employee’s employment relationship remains valid under Czech law.
• Employers must ensure compliance with gender-specific workplace safety regulations.
• It is crucial for employers to prevent workplace bullying and harassment.