Act No. 125 / 2023 Coll.
Act amending Act No. 118 / 2000 Coll., on the Protection of Employees in the Insolvency of Employees and on the Amendment of Certain Acts, as amended, and Act No. 435 / 2004 Coll., on Employment, as amended
Valid
Law
Effective from 01.07.2023
Text versions:
01.07.2023
15.05.2023
125
THE LAW
of 19 April 2023
amending Act No. 118 / 2000 Coll., on the Protection of Employees in the Insolvency of Employers and amending certain laws, as amended, and Act No. 435 / 2004 Coll., on Employment, as amended
Parliament has decided on this law of the Czech Republic:
Amendment to the Employee's Insolvency Act
Act No. 118 / 2000 Coll., on the Protection of Employees in Insolvency of Employers and on the Amendment of Certain Acts, as amended by Act No. 436 / 2004 Coll., Act No. 73 / 2006 Coll., Act No. 296 / 2007 Coll., Act No. 217 / 2009 Coll., Act No. 73 / 2011 Coll., Act No. 365 / 2011 Coll., Act No. 367 / 2011 Coll., Act No. 399 / 2012 Coll., Act No. 267 / 2014 Coll., Act No. 377 / 2015 Coll., Act No. 206 / 2017 Coll., and Act No. 277 / 2019 Coll., is amended as follows:
1. In Article 1, the words "European Community1) 'are replaced by the words" European Union1)';
Footnote 1:
"(1) Directive 2008 / 94 / EC of the European Parliament and of the Council of 22 October 2008 on the protection of workers in the event of the insolvency of the employer."
2. footnote 1a is deleted, including the footnote reference.
3. Paragraph 2 (1), including footnote 2, reads as follows:
"(1) The law does not apply to employer employees against whom insolvency proceedings cannot be conducted (2).
2) Article 6 of Act No. 182 / 2006 Coll., on bankruptcy and its methods of resolution (insolvency law), as amended. '
4. In Paragraph 2 (2), the words "who is a legal person, has a registered office or an employer who is a natural person, has a place of business' are replaced by the words" is established '.
5. In Article 2 (3), the words "by its statutory body or by a member of its statutory body 'are replaced by the words" by a member of its statutory body or by a person having a decisive influence on the activities of the employer' and the word "half 'is replaced by" 25%'.
6. In Article 2 (4), the words "the employer referred to in paragraph 1 (a) 'are deleted.
7. Paragraph 2 (5) is deleted.
8. in Article 3 (a) to (c), including footnote 5a:
"(a) an employee means a natural person who is, or has been, with an employer in an employment relationship or with whom an employer has negotiated an agreement to carry out a work, provided that such an agreement provides for participation in sickness insurance under the law governing sickness insurance, or an agreement on the working activities on the basis of which the employer's wage entitlements were incurred during the relevant period;
(b) salary entitlements shall be understood as wages or salaries, compensation and severance payments due to staff members of the service, or remuneration or compensation due to staff members under an agreement to carry out work under the conditions laid down by the law governing sickness insurance or an agreement on the work which has not been paid by an employer who is insolvent;
(c) the employer is insolvent if he has not satisfied the workers' wage claims due, on the day following the date on which the moratorium was declared before the start of insolvency proceedings, or on the day following the date on which the insolvency proceedings were notified by the competent court in the Czech Republic or, in the case of a supranational employer, on the day on which he is deemed to be insolvent in another Member State of the European Union under the directly applicable European Union5a);
(5a) Regulation (EU) 2015 / 848 of the European Parliament and of the Council of 20 May 2015 on insolvency proceedings. ';
9. footnotes 3 to 5 and 20 are deleted.
10. At the end of § 3, the dot is replaced by a comma and the following points (e) and (f) are added:
"(e) payable wage entitlement means a wage entitlement which has not been satisfied at the time of payment under the Labour Code 20),
(f) the relevant period shall be understood as the calendar month;
1. where a moratorium was declared prior to the opening of insolvency proceedings,
2. in which the opening of insolvency proceedings was notified (21); or
3. from which the transnational employer is considered insolvent in another Member State of the European Union,
and 3 calendar months preceding that month and 3 calendar months following that month.
20) Sections 67, 141 and 144 of the Labour Code.
21) § 101 of the insolvency law. '
11. in Article 3, the current text shall become paragraph 1 and the following paragraph 2 shall be added:
"(2) The Government may, for reasons of special consideration, extend the period referred to in paragraph 1 (f)."
12. in Article 4 (2) (a), the words "who is a legal person" shall be replaced by the words "or."
13. in Paragraph 4 (2) (b):
"(b) a multinational employer who does not have a registered office in the Czech Republic is located a commercial plant or a fissile plant."
14. in Article 4 (2), point (c) is deleted;
15. in Paragraph 4 (4), the word "post" shall be replaced by the word "publish," the words "on its official record" shall be replaced by the words "in a manner which allows remote access," and the second sentence shall be deleted.
16. in Paragraph 4 (5):
"(5) The staff member may apply the wage entitlements no later than 5 months and 15 days following the date on which the moratorium was announced before the insolvency proceedings or the opening of insolvency proceedings or the date of publication of the decision to initiate insolvency proceedings with the competent authority in another Member State of the European Union pursuant to the directly applicable European Union5a), provided that the other conditions laid down by this law are met. If, within that period, the moratorium declared prior to the opening of insolvency proceedings or the court has decided on an insolvency application other than by issuing a bankruptcy decision, the period shall end on the date of the moratorium's disappearance or on the date of the court's decision. If the entitlement to meet wage requirements is not exercised within that period, it shall cease to exist. However, the right of a staff member to exercise these wage rights in court shall not be affected. ';
17. In Article 4, the following paragraph 6 is added:
"(6) The Government may, for reasons of special consideration, extend the period referred to in paragraph 5."
18. in Paragraph 5 (1), the words "following the month" shall be deleted;
19. in Article 5 (2), the words "the date on which the insolvency application is lodged" shall be replaced by the words "the date of the notice of initiation of insolvency proceedings."
20. In Paragraph 7 (1), the words "to prove to the Regional Branch of the Labour Office whether he has carried out haircuts and contributions under special legislation during the relevant period for the staff member. (9) 'shall be replaced by' to the Regional Branch of the Labour Office to prove whether it has carried out, during the relevant period, reductions and levies on staff under the special legislation9) and to provide the data necessary for the calculation of their amount '.
footnote 9:
"9) Civil Code of Procedure. Act No. 586 / 1992 Coll., on Income Tax, as amended. Act No. 589 / 1992 Coll., on Social Security and Contribution to State Employment Policy, as amended. Act No. 592 / 1992 Coll., on Insurance against Public Health Insurance, as amended. Act No. 48 / 1997 Coll., on Public Health Insurance and amending and supplementing certain related laws, as amended. Act No. 280 / 2009 Coll., Tax Code, as amended. '
21. Paragraph 7 (2) reads:
"(2) The obligation referred to in paragraph 1 shall be exercised by a person with a disposing right under the insolvency law (hereinafter referred to as" the person with a disposing right ').'.
22. in Articles 8 (1) and (2), 9 (1) and (2) and 13, the words "employer or administrator" shall be replaced by the words "person with a available right."
23. in Article 8 (1) and (2), the word "working" shall be inserted after "10."
24. In Paragraph 8a (1), the words "the employer or the administrator has confirmed 'are replaced by the words" the person with the available authorisation has confirmed'.
25. footnote 11 is deleted, including the footnote reference.
26. in Article 9 (1) and (4), the words "the date of submission of the insolvency proposal" shall be replaced by the words "the date of notification of the opening of insolvency proceedings."
27. in Article 9 (3) and (4), the words "the employer or the administrator has not met" shall be replaced by the words "the person with the available entitlement has failed."
28. In the second sentence of Article 9 (5), the word "maximum 'shall be inserted after the words" labour'.
29. Footnote 11a reads:
"11a) § 79 of the Labour Code. '.
30. in Article 9 (7), the number "7" is replaced by "10" and the words "when received" are replaced by the words "acquisition of legal authority."
31. At the end of paragraph 1, the sentence "From the recognised wage entitlement corresponding to severance pay, the Labour Office of the Czech Republic shall be deducted from compensation under Section 44b of the Employment Act through the Regional Branch of the Labour Office, if the employees have been awarded."
32. In Paragraph 10 (2), the last sentence is replaced by the sentence: "In the procedure provided for in Sections 8a and 9, the Labour Office of the Czech Republic has the status of a tax payer."
33. Paragraph 10 (4) is deleted.
34. in Article 11 (1), the words "or the administrator" shall be deleted;
35. in the second sentence of Article 11 (3), "claims on individual employees" shall be replaced by "such claims."
36.
(1) A person with a disposition right who has recognised the wage claims due pursuant to § 7 shall be required to pay the funds paid and paid to the Labour Office of the Czech Republic if the staff member has been awarded and provided on the basis of incorrect declaration of the wage entitlements due by the person with the available entitlement or if, for this reason, they have been granted at an amount higher than that of the staff member. These amounts shall be paid within 3 weeks of the date on which they became aware.
(2) If a person with a disposition right who has wrongly paid and paid the funds referred to in paragraph 1 does not return the funds referred to in paragraph 1, the Regional Branch of the Office of Labour shall issue a decision on the obligation to return them.
(3) The entitlement to refund referred to in paragraph 1 shall expire 5 years after the date on which it was paid. "
37.
(1) A staff member is obliged to return, without undue delay, to the Labour Office of the Czech Republic paid-up salary entitlements or part thereof, if he knew or had to assume, from the circumstances, that they were amounts granted unjustly or by mistake.
(2) If the staff member does not recover the wage entitlements paid or part of them referred to in paragraph 1, the Regional Branch of the Office of Labour shall issue a decision.
(3) The entitlement to refund referred to in paragraph 1 shall expire 5 years after the date on which it was paid. "
38. in Article 14a (2), the words "and the Ministry of Labour and Social Affairs" shall be inserted after the words "Labour Office."
39.
The Labour Office of the Czech Republic does not provide performance under this Act outside the Czech Republic. "
Transitional provision
The procedure in respect of the application for the grant of the wage entitlements due initiated following the application of the employees of the insolvent employer whose insolvency arose before the date of entry into force of this Act shall be completed and the rights and obligations relating thereto shall be governed by Act No. 118 / 2000 Coll., as effective before the date of entry into force of this Act.
Amendment to the Employment Act
Act No. 100 / 2011, Act No. 100 / 2011, Act No. 100 / 2011, Act No. 100 / 2011, Act No. 100 / 2011, Act No. 100 / 2011, Act No. 100 / 2011, Act No. 100 / 2011, Act No. 100 / 2011, Act No. 100 / 2011, Act No. 100 / 2011, Act No. 100 / 2011, Act No. 100 / 2011, Act No. 100 / 2011, Act No. 100 / 2011, Act No. 100 / 2011, Act No. 100 / 2011, Act No. 100 / 2011, Act No. 100 / 2011, Act No. 100 / 2011, Act No. 100 / 2011, Act No. 100 / 2011 / 2011, Act No. 100 / 2011, Act No. 100 / 2011, Act No. 100 / 2011, Act No. 2011, Act No. 2011 / 2011, Act No. 100, Act No. 2011, Act No. 2011, Act No. 100 / 2011, Act No. 2011, Act No. 2011, Act No. 100, Act No. 2011, Act No. 2011, Act No. 2011 / 2011, Act No. 2011, Act No. 2011, Act No. 2011, Act No. 2011, Act No. 2011 / 2011 / 2011, Act No. 2011 / 2011, Act No. 2011, Act No. 2011, Act No. 2011, Act No.
(1) Paragraph 58a, including footnotes 84 to 87, shall be deleted.
2. In Paragraph 60 (2), the words "under § 63 (2) (a) to (f) or § 63 (3) 'are replaced by" under § 63 (2) (a) to (e), § 63 (3) or (4)'.
3. Paragraph 63 (2) (d) is deleted.
Points (e) to (h) shall be renumbered as points (d) to (g).
4. In Article 63 (5), "paragraph 2 (a) to (f) 'is replaced by" paragraph 2 (a) to (e)';
5. In Article 139 (1), the word "or 'is added at the end of point (g) and point (h) is deleted.
Point (i) shall be renumbered as point (h).
6. in Article 139 (3) (e), the words "or (i)" shall be replaced by the words "or (h)";
7. In Paragraph 139 (3), the comma at the end of point (f) is replaced by a dot and point (g) is deleted.
8. In Article 140 (1), the word "or 'is added at the end of point (e) and point (f) is deleted.
Point (g) shall be renumbered as point (f).
9. In Article 140 (4) (f), "or (g) 'is replaced by" or (f)';
10. In Paragraph 140 (4), the comma at the end of point (f) is replaced by a dot and point (g) is deleted.
11. in § 142, the words "to (e)" are replaced by the words "to (d)";
EFFECTIVE
This Act shall take effect on 1 July 2023.
Pekarová Adamová v. r.
Pavel v. r.
Fiala v. r.
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Regulation Information
| Citation | Act No. 125 / 2023 Coll., amending Act No. 118 / 2000 Coll., on the Protection of Employees in the Insolvency of Employees and on the Amendment of Certain Acts, as amended, and Act No. 435 / 2004 Coll., on Employment, as amended |
|---|---|
| Regulation Type | Law |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 15.05.2023 |
|---|---|
| Effective from | 01.07.2023 |
| Effective until | - |
| Status | Valid |
Parliamentary Paper:
Paper No. 288
The regulation text is for informational purposes only.
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