Extent of Protection
According to the Charter of Fundamental Rights and Freedoms, employees have the right to fair remuneration for work and to satisfactory working conditions.
According to the Labour Code, employees are entitled to the same salary for the same work or for work of the same value. When determining the remuneration for the work performed, each employer is also obliged to ensure that the remuneration from the agreement is provided in the amount corresponding to the complexity, responsibility and effort of the work, according to the difficulty of the working conditions, according to the work performance and the work results achieved. The employer may establish different conditions when justified by objective parameters like seniority, responsibilities, tasks and performance.
European Union law also comprehensively regulates equal pay not only between men and women. The Czech Republic also ratified Convention No. 100 of the International Labour Organisation known as the Equal Remuneration Convention.
Remedies
Legal instruments of protection are regulated by the Anti-Discrimination Act. If the employee feels that the right to equal treatment and the prohibition of discrimination have been violated, the employee can seek redress directly from the employer. If the remedy is not sufficient or the employer does not comply with the request for remedy, the employee can file a complaint with the relevant labour inspectorate or file a lawsuit in court. The employee can also file a lawsuit directly in court.
The burden of proof is “reversed” in these cases. This means that if the plaintiff presents to the court facts from which it can be inferred that there has been direct or indirect discrimination on the part of the defendant, the defendant is obliged to prove that there has been no violation of the principle of equal treatment.
Enforcement/Litigation
Constitutional Court concluded that if, according to the Labour Code, equal pay is due for the same work, employers are obliged not to make differences in remuneration between employees operating in individual regions, if these employees perform the same job. However, claims for equal pay for equal work are not as common as claims for invalid termination of employment. In the Czech Republic there are no specialised labour courts, but every court has a special senate focused on labour litigation. This senate consist of one professional judge and two non-professional judges chosen from the public.
Other Requirements
In the Czech Republic, there is currently no obligation for employers to inform about the remuneration of their employees. However, the European Parliament has adopted a directive that will lead to ensuring transparency in the remuneration of women and men also on the national level. However, implementing legislation at national level has not yet been adopted.
The ombudsman as a public defender of rights can also defend the rights of a discriminated person in employment relations. The ombudsman primarily provides methodical assistance to victims of discrimination. The ombudsman also conducts research and based on its results and specific investigations, issues recommendations on issues related to discrimination.
Labour inspection bodies carry out inspection activities in the field of equal remuneration and prohibition of discrimination.
