Czech Republic: The Conditions and Consequences of Obstacles to Work on Part of the Employer

Assigning work to their employees is one of the basic duties of employers under the Czech Labour Code. Obstacles to work constitute a specific situation when it is significantly difficult or even impossible for the employer to assign work to employees. These concepts are enshrined in the Czech Labour Code and regulate the consequences of such extraordinary situations should they occur.

 

General Characteristics of Obstacles to Work on Part of the Employer

In the wider systemic context of the Czech Labour Code, it is important to note that obstacles to work can also occur on part of the employee. What both types of obstacles have in common is that the employment relationship becomes temporarily suspended due to work not being assigned and performed pursuant to the employment contract. Rights and obligations such as mutual loyalty, giving notice or liability for damage do not cease to be in force. Obstacles to work are also generally differentiated based on whether and how the employee is financially secured in the meantime. What sets apart the obstacles to work on part of the employer is that the employee is always guaranteed compensation for salary and shall be duly informed about the consequences of the particular obstacle.

 

Delay and Interruption of Work Caused by Unfavourable Weather Conditions

A delay encompasses numerous situations that can arise in the workplace: a temporary defect of machine equipment that was not caused by the employee, in supplies of raw materials or driving force, incorrect working documents, or other operational causes. In any of these instances of a delay, employees are entitled to compensation for salary or public sector pay of at least 80 % of their average earnings. Moreover, work can be interrupted by unfavourable weather conditions or a natural disaster. In such cases, employees are entitled to compensation for salary or public sector pay of at least 60 % of their average earnings. Average earnings are generally calculated on the basis of the gross salary of the employee in the previous calendar quarter. For more detailed information on this topic, see our article from May 2025.

 

Other Obstacles to Work on Part of the Employer

Temporary limitations of sales of products or demand for services of the employer, also referred to as partial unemployment, constitute an obstacle to work dealing with specific instances when the employer is unable to assign work within the scope of the agreed weekly working hours, but expects to resume operations in full in the near future. The employer must either reach an agreement with the trade union or issue an internal regulation stipulating the conditions of the financial compensation of the employees. However, it is explicitly stipulated that the negotiated or promised salary compensation must be at least 60% of the average earnings of the employees.

Furthermore, the period of a business trip or a trip outside the regular workplace that is spent by the employee in a manner other than by the performance of working tasks constitutes an obstacle to work on part of the employer, provided that such time falls within the scope of the shift. The salary of the employee is not reduced in any way, so they are paid a full salary even if the impediment takes up half of their work shift. This obstacle, however, does not apply to employees whose type of work contains the task of driving a vehicle (such as professional drivers) for whom travel time constitutes the performance of working tasks in itself rather than time spent other than by performing work.

The Czech Labour Code also includes a general subsidiary clause providing that if obstacles to work on part of the employer other than those explicitly named should occur, employees are entitled to compensation for salary in the full amount of their average earnings. It is crucial, however, that the reasons for the inability to assign and perform work are attributed solely to the employer and that the employee would otherwise be ready and willing to perform work.

Key Action Points for Human Resources and In-House Counsel

• During obstacles to work, the employment relationship is temporarily suspended, and should they occur on part of the employer, the employee must always be financially compensated.
• Work can be interrupted because of delays and interruptions caused by unfavorable weather conditions.
• In the case of temporary limitations of product sales or service demand, the employer must either agree with the trade unions on the employees´ salary compensation or issue an internal regulation for this matter.