15.10.2020 Labour law

[Czech Republic] Other monetary claim seizures

When an employee owes money to another person, according to the Civil Procedure Code, an employee’s wage is affectable and an employer is obliged to calculate salary deductions in a relatively complex way so that the employee receives sufficient income for basic subsistence and at the same time the interests of the beneficiary (the person against whom the employee is a debtor) are satisfied.

Yet, some incomes cannot be included in the salary and thus cannot be included in the complex calculations of traditional salary deductions. However, unless precluded by law, some monetary incomes may be affected by a writ for “other claim on the money”. Until April 23rd, 2020, these writs had been affecting, for example, tax bonuses (de facto negative tax). As we have already informed in the article from May 11th, 2020, tax bonuses can no longer be affected at all.

In the case of other monetary claim, the income is confiscated in its entirety. In practice, however, some bailiffs make fundamental mistakes in not explicitly specifying the claim in a writ or even in issuing a writ for a claim for which (so far) there is no legal reason. According to expert interpretations, such a writ is defective, and the employer has no choice but to contact the bailiff and ask him to make a correction or ignore such a writ.

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