Comparison of the Forms of Representation Available to Employees in the Czech Republic

Author: Klára Šléglová

The option of establishing employee representatives is an essential expression of the principle of special statutory protection of employees. Excluding the European Works Council, the Czech Labour Code provides for three forms of employee representation. Each one of them, however, differs by the conditions on establishment and by the rights they are entitled to exercise in relation to the employer. This article provides a comparative view of them, highlighting the most important differences.

 

Trade Unions

A trade union is the only employee representative endowed with legal personhood. It may act in relation to an employer if it has at least three members who are employed by that employer under an employment relationship. Trade unions are established independently of the employer’s will and their existence does not depend on any employer decision or approval. Their statutory powers are the broadest of the three forms: they negotiate and conclude collective agreements (and thus can also declare a strike), exercise co-decision rights (e.g. giving prior approval for notice of termination or the immediate termination of an employee who holds office within the trade union), and are entitled to information and consultation on matters affecting all employees, not only their own members.

 

Employee Councils

An employee council may have between three and fifteen members (always an odd number), elected for a three-year term of office, based on a written proposal of at least one third of employees and provided that at least half of all employees participate in the election. Unlike a trade union, an employee council cannot negotiate or conclude a collective agreement and has no co-decision powers; its principal role is to receive information from the employer and be consulted on matters such as the employer’s economic and financial situation, basic aspects and prospective changes of working conditions, and organisational measures.

 

Representatives for Occupational Health and Safety Protection

An occupational safety and health representative is the most narrowly focused employee representative. They are elected by the employees of organisations with more than ten employees and may exist alongside other employee representatives. The number of representatives depends on the number of employees, ranging from one representative to several in larger organisations. Their competence is limited to occupational safety and health matters: they are entitled to participate in relevant discussions, submit information, comments and proposals, and be consulted on substantial occupational safety and health measures, risk assessments, training and the appointment of a competent risk-prevention professional.

 

Summary

Trade unions hold the strongest position, as they alone may bargain collectively and exercise co-decision rights; employee councils offer employees a voice through information and consultation rights, but without bargaining power due to the absence of legal personhood; and occupational safety and health representatives address a single, specialised area. In practice, employees tend to form a trade union, which is easier to set up and possesses broader powers, including collective bargaining.

• Trade unions possess the broadest powers in relation to the employer, including collective bargaining and co-decision rights.
• Employee councils have no co-decision or collective-bargaining rights.
• Occupational safety and health representatives are the most narrowly focused employee representatives and are limited to occupational safety and health matters.