22.06.2020 Labour law

[Czech Republic] Amendment to the Labor Code

On June 10th, 2020, the Senate approved an amendment to the Labor Code. All that remains is the president’s signature. Here you can find an overview of the most significant changes.

Newly, the employer is more protected in the transfer of rights and obligations if he notifies employees of the planned transfer properly and in a timely manner. According to the amendment, an employee must give notice within 15 days of the employer’s notification of the transfer.

The holiday has undergone significant changes. While according to the current legislation holiday entitlement is calculated based on days worked and in two regimes depending on the number of days worked, now the whole entitlement will be calculated based on hours worked, and only in one regime. The total holiday entitlement will arise in hours as well; not in days. However, it will continue to be the case that holiday may be taken only in full or in half of the work shift unless it is the final remainder of the holiday for the year. Thus, the provisions concerning the holiday reduction (apart from the reduction for unexcused shift) have completely disappeared from the legislation, as the total holiday entitlement depends only on the time worked and the concept of holiday reduction would thus become meaningless. The adjustment was designed so that holiday entitlements remain approximately the same, however, due to the fact that the entitlement is calculated based on hours worked, the entitlement calculation will be fairer mainly for employees with uneven distribution of working hours.

Furthermore, the amendment removed the ban on the counting of holiday withdraw on a public holiday, if this is a case when the employee was ordered to work on a public holiday and an employer determined the holiday for that day at a request of an employee. In such cases, the holiday withdraw can already be counted on the day of the public holiday.

Another change is the creation of the concept of a shared job position, according to which it will be possible for more employees to share one job and thus perform work for this one job according to the shift schedule. Employees will have the right to schedule working hours by mutual agreement and will only submit a shift schedule to the employer.

Other provisions abolish an employer’s obligation to issue an employment statement (confirmation of employment) for an agreement to complete a job unless this agreement has been socially insured or seizures had been ordered by a court or bailiff.

Delivery of documents has been partially simplified and the amendment introduces the possibility of delivering using a data box if an employee and employer agree on it.

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