Czech Republic: Transfer to Other Work under Czech Employment Law

Author: Klára Sleglova

 

Under Section 41 of the Czech Labour Code, employers may be required or entitled to transfer employees to different work positions under specific circumstances. This provision plays a vital role in balancing the protection of employees’ health and legal rights with employer’s operational needs.

 

Mandatory Transfers

The Labour Code explicitly requires employers to transfer employees to other work in several well-defined situations. These include cases where the employee is deemed permanently medically unfit to perform their current job. A transfer is also required if the employee is pregnant, breastfeeding, or has recently given birth and is performing work that is legally prohibited or medically risky in such a condition. Additionally, if public health authorities determine that a transfer is necessary to protect others from infection or if a court or administrative body mandates the transfer, the employer must comply. Employees who are found medically unfit for night work or who voluntarily request a transfer due to pregnancy or childcare duties while working night shifts also fall under this category.

 

Optional Transfers

In addition to mandatory cases, employers are also allowed to transfer employees under specific discretionary conditions. These include situations where the employer has served the employee a notice of termination based on poor performance or misconduct. An employee may also be transferred if they are subject to criminal proceedings for conduct directly related to their job responsibilities, particularly if the case involves harm to the employer’s property. Additionally, if the employee temporarily loses the legal qualifications required for their job, the employer may transfer them to another position for up to 30 working days within the same calendar year.

The Labour Code further permits employers to reassign employees to a different type of work without their consent under extraordinary circumstances. These may include emergencies, natural disasters, or other urgent events requiring immediate response. In such cases, the transfer can be imposed for the time strictly necessary to address the situation.

In the above cases, the employee’s consent to the transfer is not generally required. However, if the employee cannot perform their work due to a production stoppage or adverse weather, a temporary transfer is possible only with the employee’s consent.

 

Employer Duties and Employee Protection

When transferring an employee, the employer must ensure that the new position is suitable, taking into account the employee’s health, capabilities, and, where possible, their qualifications. Before the transfer takes place, the employer is obliged to discuss the reason and expected duration with the employee. In cases where the transfer results in a modification of the employment contract, a written confirmation must be issued to the employee in most cases, explaining the reason and duration of the transfer.

Key Action Points for Human Resources and In-House Counsel

• Employers must or may transfer employees in cases like, inter alia, medical unfitness, pregnancy, or emergencies.
• Some transfers can happen without employee consent.
• New roles must be suitable, and employers must inform employees in writing in most cases.