What is Act No 251 / 2005 Coll.?

Act No. 251 / 2005 Coll., on Labour Inspection — Labour inspection law.

When it became Act No 251 / 2005 Coll. effectiveness?

Act No 251 / 2005 Coll. became effective 01.07.2005.

Is Act No 251 / 2005 Coll. still valid?

Yes, Act No 251 / 2005 Coll. is still valid and effective.

How many times was it Act No 251 / 2005 Coll. amended?

Act No 251 / 2005 Coll. has 36 time versions of the text.

Act No 251 / 2005 Coll. - Labour inspection law

251

THE LAW

of 3 May 2005

on inspection of work

Parliament has decided on this law of the Czech Republic:

ČÁST PRVNÍ

GENERAL PROVISIONS

§ 1

This law implements the relevant provisions of the European Union78) and regulates the establishment and status of labour inspection bodies as control bodies in the field of protection of labour relations and working conditions, the competence and competence of labour inspection bodies, the rights and obligations of inspection and penalties for infringements of the obligations laid down.

§ 2

(1) A State Labour Inspection Office ("the Office ') and Regional Labour Inspectorate (" the Inspectorate') are hereby established, which are administrative offices. The seat of the Office is Opava. The names, registered offices and territorial districts of inspectors are set out in the Annex to this Act.

(2) The Office is an entity. For the purposes of the management of State property, including state budget resources, accounting, civil servant and labour relations, the inspectors shall have the status of internal organisational units of the Office.

(3) The Office is managed by the Ministry of Labour and Social Affairs ("the Ministry").

(4) The Ministry is the authority of the Office in matters of State Service. The Office shall be the Chief Staff of the Inspectorate.

(5) The Office shall be headed by the Inspector General. The head of the inspector is the chief inspector. The selection, appointment and removal of the Inspector General and the Chief Inspector shall be governed by the Civil Service Act.

ČÁST DRUHÁ

SCOPE AND COMPETENCE OF THE AUTHORITY AND INSPECTORS

§ 3

(1) The Office and the inspectors shall check compliance with the obligations arising from:

(a) the laws of employment, the competent trade union body or the board of employees or the representatives in the field of safety and health at work2) the rights or obligations in employment relationships, including legislation on remuneration of employees, compensation for wages or salaries and reimbursement of expenses for employees;

(b) legislation establishing working hours and rest periods;

(c) legislation to ensure safety of work;

(d) legislation to ensure the safety of the operation of technical equipment with an increased degree of risk to life and health and legislation on the safety of the operation of dedicated technical equipment;

(e) legislation on the employment of female workers, young workers (3), child-care workers, as well as workers who have demonstrated that they are primarily in the long term caring for a natural person who, under a special legislation, is considered to be dependent on the assistance of another natural person in stage II (moderate dependency), in stage III (severe dependency) or in stage IV (complete dependency) 3a);

(f) legislation governing the pursuit of the artistic, cultural, sporting and advertising activities of children4),

(g) a legal act which provides for an obligation to carry out a public call or a tendering procedure to fill the post of official or to fill the post of head of an official of a local authority, as well as whether a public invitation or a selection procedure has been carried out, including in their course (75);

(h) legislation on the protection of notifiers.

(2) The Office and the inspectors also check compliance

(a) collective agreement (5) in the parts in which the individual labour rights of employees arising from the legislation and internal legislation under Section 305 of the Labour Code are governed,

(b) internal rules issued under the Labour Code (6a) where they establish the rights of employees.

(3) The Office and the inspectors check compliance with the legislation governing the legal status of staff seconded to work in the framework of the transnational provision of services (79), considering in particular the following:

(a) in order to determine the actual place of employment of the employer in the Czech Republic, the Office and the Inspectorate shall carry out an overall assessment of all the facts characterising the activities carried out by the employer in the Czech Republic, and, where appropriate, in another Member State of the European Union in which he is established, taking into account a period of five years prior to the secondment of the staff member; In particular, the following elements shall be taken into account in this assessment:

1. the place where the employer has his registered office and, where appropriate, the administrative background;

2. the place where the employer pays taxes and social security contributions;

3. the Member State which has granted the employer an authorisation to carry out the activity in question and where it is registered with the Chamber of Commerce or other professional bodies in accordance with the law of that Member State;

4. the place where the employer carries out the main business and where he employs administrative staff;

5. the place where the employer accepts employees into employment and where the employees are broadcast;

6. the applicable law governing employment relationships between the employer and seconded staff,

7. the volume by the employer of transnational services or the amount of turnover effected in another Member State of the European Union, taking into account the specific situation in particular of newly established enterprises and SMEs;

(b) in order to determine in which Member State of the European Union an employee seconded to work in the Czech Republic usually carries out work, all the facts characterising the work and the staff are examined, in particular:

1. whether the employee is working in the Czech Republic for a limited period;

2. the place where the staff member usually performs his work under Regulation (EC) No 593 / 2008 of the European Parliament and of the Council on the law applicable to contractual obligations (Rome I) or under the Convention on the law applicable to contractual obligations (Rome Convention),

3. the date on which the secondment began,

4. whether the staff member returns to or is to continue to work in another Member State of the European Union after his secondment,

5. the nature of the activities carried out;

6. whether transport, catering and accommodation are provided or reimbursed by the employer sending the staff member and the way in which they are provided or reimbursed;

7. whether the job was repeatedly filled by the same or other employee.

(4) The Authority and the inspectors also carry out checks in cases specified in specific legislation9).

§ 4

(1) Office

(a) manage inspectors; is a service provided by the Czech Republic to the public by inspectors superior to the Service Office in the organisational matters of the Civil Service and the service relations of staff performing in the administrative offices of the Government,

(b) he shall lead the inspectors and provide them with technical assistance;

(c) prepare an annual programme of control actions to be discussed with the higher trade unions and employers' organisations and submit it to the Ministry for approval;

(d) coordinate the inspection carried out by the inspectors in relation to the activities of other administrative offices carried out under the specific legislation under which supervision and, where appropriate, control activities are carried out on a section of a safe and healthy working environment or working conditions;

(e) issue and withdraw licences to inspectors authorising inspectors to carry out checks under this law;

(f) be entitled to exercise control to the extent set out in Article 3;

(g) imposes measures to remedy the deficiencies identified during the inspection and sets reasonable time limits for its removal;

(h) monitor compliance with the measures to address the deficiencies identified;

(i) decide in administrative proceedings at first instance on infringements, prohibition pursuant to § 7 (1) (g) or withdrawal or restriction pursuant to § 7 (1) (h);

(j) review, in administrative proceedings, decisions on infringements, prohibition pursuant to Article 7 (1) (g) or withdrawal or restriction pursuant to Article 7 (1) (h) issued by the inspector;

(k) issue binding opinions on the assessment of compliance of the conditions for the work of crew members with the requirements of Part Five of the Maritime Navigation Act and of the Labour Code 76).

(2) Office

(a) submit to the Ministry initiatives to improve legislation on the legislation referred to in Article 3 (1);

(b) participate, together with the Ministry, in international cooperation on the work environment, labour security, labour relations and working conditions;

(c) provide legal and natural persons employing natural persons (hereinafter referred to as "employer") in employment relationships and employees with free basic information and advice on the protection of working relationships and working conditions;

(d) on the basis of the documents provided by the inspectors, it shall draw up an annual summary report on the results of the control actions presented to the Ministry and inform the higher trade unions and employers' organisations of its content;

(e) cooperate in education programmes on the protection of working relationships and working conditions provided by other administrations, higher trade unions or employers' organisations;

(f) provides the Office of the Labour of the Czech Republic and the Ministry with information on the imposition of a fine on the Agency for the infringement of obligations arising from Sections 307b to 309 of the Labour Code, on the imposition of a fine on the employer for failure to cooperate in the inspection and on the imposition of a fine on the employer for the infringement of obligations arising from legislation which the Office and the inspectors control, within 15 days of the acquisition of the legal power of the decision imposing the fine;

(g) submit to the competent authority of another Member State of the European Union (hereinafter referred to as the "competent foreign authority") requests for assistance, information, notification or enforcement of a fine or other penalty on a single form, in accordance with the procedure laid down in the directly applicable European Union80), the Office's request for enforcement of a fine or other penalty, as well as the notification of a decision on the basis of which the relevant fine or other penalty is imposed, at least:

1. the name and known address of the employer and any other relevant information or information necessary for its identification;

2. a summary of the facts and circumstances on the basis of which it came to the conclusion of a possible infringement, the nature of the infringement and the list of the relevant legislation;

3. an instrument enabling enforceability in the Czech Republic (enforceable decision) and any other relevant information or documents, including information and documents of a legal nature relating to the related claim, fine or other penalties,

4. in the case of notification of a decision, the purpose of the notification and the deadline for its implementation;

5. in the case of a request for recovery of a fine, other penalty or related claim or component thereof, the date on which the decision became enforceable, the total amount recovered, any information relevant to its recovery, including whether and, where applicable, how the decision was delivered to the employer, including a communication from the Office as to whether a further appeal may be brought against the imposition of a fine or other penalty,

(h) communicate to the competent foreign authority facts suggesting violations of the legislation on the posting of workers in the framework of the transnational provision of services and inform the European Commission of ongoing problems in the exchange of information with other Member States of the European Union in the field;

(i) provide on its website, in the Czech language and in other languages most frequently used by temporarily posted staff, up-to-date information on the working conditions under Sections 319 (1) and (2) and 319a of the Labour Code of the employees seconded to work in the framework of the transnational provision of services and in the Czech and English languages basic information on the rights of employees under Section 324a of the Labour Code. Such information shall be made available by the Authority in other appropriate ways and, at the request of a person with disabilities, in the form in which that person can acquaint himself with it.

(3) The Office shall maintain an information system on accidents at work (10) and an information system which focuses on the risks encountered in the performance of work and on measures to eliminate them by the checks found; it is based on the data of the inspectors. The operator of information systems according to the first sentence shall be the Ministry and the administrator of the Office.

(4) The information system on accidents at work is a non-public register established as a public administration information system86). The information system on accidents at work contains information on:

(a) a natural person who has suffered an accident at work, which is his name and surname, date of birth, nationality, place of permanent residence, address for service, if different from place of permanent residence, and sex;

(b) the employer's name, the activity of the employer in accordance with the Classification of Economic Activities (CZ-NACE) 87), the place where the accident occurred and the activity where the accident occurred;

(c) an accident at work, which is the type of injury and the injured part of the body, the type of accident at work, which was the source of the accident at work, including its organisational and technical causes, and why the accident at work occurred.

(5) The information system on accidents at work serves for the needs of the Office, the Inspectorate, the Ministries and the Czech Mining Authority and the District Mining Offices for the purposes of the Special Act 26). Other authorities shall be provided with data from the information system on accidents at work only in cases provided for by special legislation11) or in cases where consent has been given by a natural person to whom the data relate or which could be affected by the provision of data.

(6) The information system on occupational risks contains data on:

(a) employers who are the marks of the employer and the subject of his business;

(b) the risks of work and the measures taken to eliminate them.

The information system on risks in the performance of the work serves for the needs of the Office, Ministry and Labour Office of the Czech Republic - regional branches and branches for the capital city of Prague (hereinafter referred to as the Regional Branch of the Labour Office). Data from the information system shall also be provided to the Ministry and regional branches of the Labour Office in electronic form allowing remote access.

(7) The Office is obliged to ensure the protection of personal data in the management of the information system referred to in paragraph 3 in a manner specified by special legislation12).

§ 4a

(1) Reporting of an accident at work and sending an accident alert and an accident alert - reporting of changes to the occupational accident information system shall be carried out by the employer and other persons (88) carrying out this obligation through the Office portal, which is accessible in a way that allows remote access.

(2) The persons referred to in paragraph 1 shall be logged into the Office's portal through a web interface by means of an electronic identification device.

(3) The persons referred to in paragraph 1 shall have access to the data they have entered in it through the Office's portal.

§ 5

(1) Inspectorate

(a) exercise control to the extent set out in Article 3;

(b) imposes measures to remedy deficiencies identified during the inspection, setting reasonable time limits for their removal;

(c) monitor the implementation of measures to address the deficiencies identified;

(d) be entitled to check the causes and circumstances of the accidents at work and, where appropriate, to participate in the accident investigation;

(e) provide the Authority with information on:

1. accidents at work (10), for the management of the information system on accidents at work referred to in Article 4 (4), which took place in its territorial area, including their organisational and technical causes,

2. the risks arising from the work carried out by the inspection and the measures taken to eliminate them for the management of the information system pursuant to Article 4 (5);

(f) submit to the Authority initiatives to improve legislation on the legislation referred to in Article 3 (1);

(g) provide information and reports on the performance of its tasks submitted to the Authority;

h) express its views on selected project documentation for public use or as a workplace for natural persons on whether they meet the requirements of the legislation to ensure safety of work and technical equipment;

(i) when authorising constructions intended for use in the public interest or as a workplace of natural persons, apply the requirements of legislation to ensure the safety of work and technical equipment14);

(j) provide employers and employees free of charge with basic information and advice on the protection of working relationships and working conditions;

(k) decide in administrative proceedings at first instance on infringements, prohibition pursuant to § 7 (1) (g) or withdrawal or restriction pursuant to § 7 (1) (h);

(l) inform, through the Office, the competent foreign authority authorised under the law of another Member State of the European Union to provide or request cross-border cooperation, to deliver and enforce decisions imposing fines or other penalties in order to check compliance with the legislation governing the posting of workers for work in the framework of the transnational provision of services of facts relating to the secondment of staff, where it has doubts as to the fact of the posting of staff from another Member State of the European Union to work in the framework of the transnational provision of services.

(2) Where the inspector has carried out an inspection on the basis of a written complaint, he shall inform the complainant in writing of the outcome.

§ 6

(1) The competence of the Authority and the inspectors shall apply to:

(a) employers and their employees, to legal persons for whom public functions are performed and to natural persons performing public functions;

(b) natural persons who are employers and themselves work (15);

(c) natural or legal persons operating under special legislation16) and not employing 17);

(d) the cooperating spouse or child of the person referred to in (b) and (c) 18;

(e) a natural or legal person who is the contractor or contractor of the construction (construction contractor) or, where appropriate, the contractor or contractor of the building, or who is involved in the construction of the building in accordance with the Labour Safety and Health Protection Act 18a) and the Health and Safety Coordinator at the construction site in accordance with the Labour Safety Act 18b);

(f) sending and receiving organisations and volunteers in the course of volunteer services19);

(g) legal persons carrying out the activities of a school or a school establishment, other legal persons or natural persons for whom practical training of secondary school pupils, vocational education20) or higher vocational schools takes place;

(h) prisons, legal or natural persons employed and sentenced (21);

(i) legal and natural persons performing artistic, cultural, sporting and advertising activities of children4);

(j) family race 77),

("the person checked ').

(2) In the facilities of the armed forces and security corps under the jurisdiction of the Ministry of Defence, the Ministry of Interior, the Ministry of Justice and the Ministry of Finance, the General Inspection of Security, the Security Services, the Office of Foreign Affairs and Information and the National Security Office, as well as the premises with which the Ministry of Interior is responsible, where the control could endanger classified information, the inspection may be carried out only with the consent of the competent Ministry and in the facilities of the General Inspection of Security Councils, the Security Services, the Office of Foreign Relations and Information and Information, the National Office of the Cybersecurity and National Security Office only with the agreement of their Director. If the consent is not given in accordance with the first sentence, the person who refused to grant the consent shall ensure that the check is carried out within his responsibility and shall, within 60 working days of the date of refusal, submit a written report on the outcome of the inspection carried out by the labour inspection authority which requested the consent.

(3) In the legal relations of civil servants serving as a service provided by the Czech Republic to the public, governed by the Act on State Service (22), the Office and the Inspectorate may only check matters relating to the duration of the service and breaks in the civil service, the emergency service, the public service overtime and the night-time and safety in the performance of the public service.

(4) The competence of the Authority and the inspectors does not apply to:

(a) soldiers in active duty called upon to exercise military training or to operate in accordance with the military law;

(b) professional soldiers under the Liaison Law 24),

(c) natural persons serving in security corps under the Law on the service relationship of members of the security corps 25);

(d) controlled persons to the extent that they are supervised by the authority of the State Mining Administration 26),

(e) audited persons to the extent that they are supervised by the national health supervisory authorities (27);

(f) controlled persons to the extent that they are controlled by the State Nuclear Safety Authority 28),

(g) controlled persons to the extent that they are supervised by railway administrations (29);

h) Safety of operation of designated technical equipment in the armed forces of the Czech Republic 30),

(i) the operation of the Security Corps in the context of the service intervention31) or the intervention provided for in specific legislation32).

(5) The local jurisdiction of the inspector to carry out the inspection shall be governed by the place of activity of the person checked and by the organisational body of the State of its registered office; administrative procedures shall be governed by the local jurisdiction of the administrative rules. The Office may, on a case-by-case basis, give special consideration, in particular for reasons of bias, in writing to carry out an inspection other than the locally competent inspector.

ČÁST TŘETÍ

RIGHTS AND OBLIGATIONS IN CONTROL

§ 7

(1) The inspector is authorised to:

(a) to carry out checks under this law when a member of the statutory body of the controlled person, a representative of the controlled person, an employee of the controlled person, a cooperating family member or another natural person who carries out or provides an activity which is the subject of the activity of the controlled person; in places where there could be an imminent threat to the life or health of the inspector, the inspection may be carried out only with the natural person responsible for the inspection,

(b) require proof of the identity of the natural persons referred to in point (a), according to the identity card, travel document or, where appropriate, the civil servant's service card (22);

(c) in cases of special consideration, where appropriate, the risk of delay, order the measurement, inspection, testing or revision;

(d) to consult the staff of the audited person without other natural persons, a representative of the relevant trade union body or a representative of the field of safety and health at work on matters relating to the control carried out34),

(e) order the maintenance of an accident site in its original state until the end of an accident at work or for the period necessary to document the accident site;

(f) in carrying out checks or in the course of operations prior to the inspection, make audio, image and audio-visual records without the knowledge of the persons checked, unless the purpose of the check can be achieved otherwise; the right of natural persons to protect their private and personal lives is without prejudice to this;

(g) issue a prohibition decision

1. the use of premises, workplaces, production, means of work or equipment, working or technological processes, substances or materials, the pursuit of work or activities which directly jeopardise the safety of workers or other natural persons present with the knowledge of the controlled person in its premises, until the defect has been remedied, with the exception of fixed traction equipment and traction vehicles on rails and public road transport, ships and aircraft; to this end, they may order the natural persons present to leave immediately the premises in which their safety is immediately compromised. If the risk of delay so requires, the decision may be notified orally; the appeal has no suspensory effect. If the decision has been notified orally, the inspector must mention it in the sub-Protocol [Paragraph 8 (b)]. The decision on the prohibition issued must be notified to the person checked in writing without undue delay after the date of notification of the oral decision,

2. overtime work, night work, employment of female workers and young workers, when carried out in contravention of special legislation35),

(h) to issue a decision on the withdrawal or limitation of an authorisation or certificate of competence for activities on dedicated technical equipment issued under the Labour Safety Act in connection with the operation of dedicated technical equipment, unless its holder has carried out a proper examination, revision or examination to the extent specified;

(i) impose measures on the checked person to remedy the deficiencies identified during the check and to set reasonable time limits for its removal; may also propose the necessary technical and other measures to eliminate risks36),

(j) enter, with the consent of the staff member and other persons concerned who live in that place, places other than the employer's workplace, where work is carried out on a distance of 83) or a service from another local84).

(2) The Inspector's card (§ 4 (1) (e)) is evidence of delegation to carry out the inspection activity.

§ 8

Obligations of the inspector

The inspector shall:

(a) inform the relevant trade union body or staff councils or workers' representatives in the field of safety and health at work of the initiation of an inspection if they operate for a controlled person;

(b) obtain a sub-protocol on the outcome of the check [Paragraph 7 (1) (g) and (h)]; the sub-protocol must be part of the protocol,

§ 9

(1) The inspector may, where justified, invite the person checked to appear at the office or inspection centre within a specified time limit and provide data, documents or items related to the performance of the inspection; the inspected person shall comply with this call unless he demonstrates a serious obstacle preventing him from fulfilling that obligation within a specified period.

(2) Authorised staff members and, where appropriate, representatives of the person checked shall, at the request of inspectors, be required to attend within a specified time limit to discuss the results of the inspection.

ČÁST ČTVRTÁ

TRANSFERS

HLAVA I

TRANSFERS OF PHYSICAL PERSONS

§ 9a

(1) A natural person, acting as a person carrying out or carrying out an activity which is the subject of the activity of a controlled person, commits an offence by failing to fulfil one of the obligations under Section 9.

(2) A fine of up to CZK 1 000 000 may be imposed for the offence referred to in paragraph 1.

§ 10

Transfers on the part of the employer's co-operation and the body acting for the employee

(1) A natural person commits an infringement on the part of the employer and the body acting for an employee by violating obligations to the relevant trade unions, workers' councils or representatives in the field of safety and health at work resulting from Sections 62, 277, 279, 280, 287 and 339 (1) of the Labour Code.

(2) A fine of up to CZK 200,000 may be imposed for the offence referred to in paragraph 1.

§ 11

Intermediate transfers

(1) A natural person commits an offence on the equal treatment section by:

(a) do not ensure equal treatment of all employees in terms of their working conditions, remuneration for work and the provision of other cash and cash benefits, and training and the opportunity to achieve a functional or other procedure in employment;

(b) discriminates against employees (Section 16 of the Labour Code);

(c) it affects or affects disadvantaged workers because he has legally claimed his rights and rights arising from employment relations;

(d) he / she shall not, at his / her request, make a complaint with his / her employees' representatives concerning the exercise of the rights and obligations arising from the employment relationship (39);

(e) limit employees to the treatment of the amount and structure of their salary, salary or remuneration.

(2) For the offence referred to in paragraph 1

(a) (a), (b) or (c) may be fined up to CZK 1 000 000 000,

(b) (d) and (e) may be fined up to CZK 400,000.

§ 11a

Transfers to the Department of Privacy and Employee Personal Rights

(1) As an employer, a natural person commits an offence on the protection of the privacy and personal rights of workers by:

(a) interfere with the privacy of workers in the workplace and in the employer's common premises in one of the ways set out in Section 316 (2) of the Labour Code;

(b) does not inform the staff member of the scope of the check and the means of its implementation pursuant to Article 316 (3) of the Labour Code; or

(c) in contravention of Article 316 (4) of the Labour Code, the staff member shall require information which is not directly related to the performance of the work and to the basic employment relationship.

(2) A fine may be imposed for the offence referred to in paragraph 1 until:

(a) 1 000 000 CZK if it is an offence referred to in (a) or (c);

(b) 100 000 CZK if the offence referred to in (b) is committed.

§ 12

Deductions on employment or non-employment agreements

(1) A natural person commits an infringement on the part of an employment relationship or non-employment agreement by:

(a) infringes the obligations laid down for the creation, modification, termination of employment, employment agreement or employment agreement;

(b) not enter into a contract of employment in writing, an agreement on the performance of work or an agreement on work;

(c) shall not ensure that the staff member does not exceed the scope of work provided for by other legislation under the labour agreement or employment agreement;

(d) infringes one of the obligations laid down in § 37, 37a, 77a or § 77b of the Labour Code;

Citation	Act No. 251 / 2005 Coll., on Labour Inspection
Regulation Type	Law
Author	-
Collection	Code of Laws

Date of Promulgation	29.06.2005
Effective from	01.07.2005
Effective until	-
Status	Valid

Act No 251 / 2005 Coll.

Labour inspection law

Contents