Act No. 281 / 2023 Coll.
Act amending Act No. 262 / 2006 Coll., Labour Code, as amended, and some other laws
Valid
Law
Effective from 01.10.2023
Contents
ČÁST PRVNÍ
Čl. I
㤠21
㤠37
㤠37a
㤠75
㤠77
㤠77a
§ 77b
§ 92
㤠93a
„HLAVA VI
§ 190a
㤠196
㤠241
㤠241a
㤠317
㤠334
㤠334a
㤠335a
㤠337
Čl. II
ČÁST DRUHÁ
Čl. III
Čl. IV
ČÁST TŘETÍ
Čl. V
ČÁST ČTVRTÁ
Čl. VI
㤠21a
㤠41a
㤠88b
㤠130a
Čl. VII
ČÁST PÁTÁ
Čl. VIII
ČÁST ŠESTÁ
Čl. IX
ČÁST SEDMÁ
Čl. X
„HLAVA VI
§ 76a
㤠82
Čl. XI
ČÁST OSMÁ
Čl. XII
㤠12a
㤠25a
ČÁST DEVÁTÁ
Čl. XIII
㤠30a
㤠112
㤠117
㤠117a
Čl. XIV
ČÁST DESÁTÁ
Čl. XV
ČÁST JEDENÁCTÁ
Čl. XVI
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281
THE LAW
of 12 September 2023
amending Act No. 262 / 2006 Coll., Labour Code, as amended, and certain other laws
Parliament has decided on this law of the Czech Republic:
Amendment of the Labour Code
Act No. 21 / 2011, Act No. 21 / 2011, Act No. 21 / 2011, Act No. 20 / 2011, Act No. 20 / 2011, Act No. 20 / 2011, Act No. 20 / 2011, Act No. 20 / 2011, Act No. 20 / 2011, Act No. 20 / 2011, Act No. 20 / 2011, Act No. 20 / 2011, Act No. 20 / 2011, Act No. 20 / 2011, Act No. 20 / 2011, Act No. 20 / 2011, Act No. 20 / 2009, Act No. 20 / 2009, Act No. 20 / 2009 Coll.
1. In footnote 1, the sentence "Council Directive of 14 October 1991 on the obligation of the employer to inform employees of the conditions of employment contract or employment relationship (91 / 533 / EEC) 'and" Council Directive 2010 / 18 / EU of 8 March 2010 implementing the revised framework agreement on parental leave concluded between BUSINESSEUROPE, UEAPME, CEEP and EKOS and repealing Directive 96 / 34 / EC' is deleted.
2. In footnote 1, the following sentence is added to the separate rows:
"Directive (EU) 2019 / 1158 of the European Parliament and of the Council of 20 June 2019 on the balance between the working and private lives of parents and carers and repealing Council Directive 2010 / 18 / EU. Directive (EU) 2019 / 1152 of the European Parliament and of the Council of 20 June 2019 on transparent and predictable working conditions in the European Union. ';
3.
(1) Where the contract of employment, the agreement on the performance of the work, the agreement on work or their amendments or the agreement referred to in Articles 49 and 77 (5) (a) are concluded by means of an electronic communications network or service, the employer is obliged to send their copies to an electronic address of an employee who is not in the employer's possession and has communicated it to the employer in writing for this purpose.
(2) The staff member shall have the right to withdraw from the employment contract, the agreement on work, the agreement on employment or the amendments made to it by means of the electronic communications network or service from the time of their conclusion, but not later than 7 days from the date of their delivery to the electronic address of the staff member referred to in paragraph 1. Withdrawal must be in writing or not be taken into account. Withdrawal is only possible until the employee has started to comply. '
4. Paragraph 37, including the title, reads:
Information on the content of the service
(1) If this information does not contain a contract of employment, the employer must inform the staff member in writing of:
(a) the name and address of the employer, if he is a legal person, or the name, surname and address of the employer, if he is a natural person;
(b) a closer indication of the type and place of work;
(c) the area of leave and the method of determining the length of leave;
(d) the duration and conditions of the trial period, if agreed;
(e) the procedure to be followed by the employer and the staff member when the employment relationship is untied and the duration and duration of the period of notice;
(f) professional development, if provided by the employer;
(g) fixed weekly working hours, the way in which the working time is to be allocated, including the length of the balancing period, if uneven layouts are applied, and the extent of overtime work;
(h) the range of minimum continuous daily rest and continuous rest in the week and providing a break in work on food and rest or adequate time on rest and food;
(i) salary or salary and method of remuneration, payment of wages or salaries, date of payment of wages or salaries, place and manner of payment of wages or salaries;
(j) collective agreements governing the working conditions of the staff member and the designation of the parties to those collective agreements;
(k) a social security body to which the employer pays social security contributions in relation to the employment ratio of the employee;
not later than 7 days after the date of employment.
(2) The information referred to in paragraph 1 (c) to (i) and (k) may be replaced by a reference to the relevant legislation, collective agreement or internal law.
(3) The employer shall inform the staff member in writing of changes to the data referred to in paragraph 1 without undue delay, but not later than the date on which the change takes effect. This obligation shall not apply to changes to legislation, collective agreements and internal rules.
(4) Where information is made in electronic form, the information shall be accessible to the staff member in such a way that the staff member can store and print it; the employer is obliged to keep evidence of the transfer of the information to the employee.
(5) On taking up work, the staff member shall be informed of the rules of employment, of the laws and regulations and of the other provisions to ensure safety and health at work which he must observe in his work, of the collective agreement and of internal rules. ';
5. After Paragraph 37, the following Section 37a is inserted:
Informing staff posted in another State
(1) If the employer sends an employee to work on the territory of another State and does not include such information in the employment contract, the employer shall inform the staff member in writing in advance of:
(a) the State in which the work is to be carried out;
(b) the estimated duration of the secondment;
(c) the currency in which the salary or salary will be paid;
(d) cash or in kind provided by the employer in connection with the performance of the work;
(e) whether and under what conditions the return of the staff member is ensured.
(2) If a staff member is seconded to another Member State of the European Union to carry out work in the framework of the transnational provision of services 91), the employer shall also inform the staff member in writing in advance of:
(a) remuneration for the work to which the staff member is entitled in accordance with the legislation of the host Member State;
(b) the conditions for granting travel allowances in connection with the performance of work and other duties provided by the employer in connection with secondment;
(c) a reference to the official national Internet address established by the host Member State (118).
(3) The information referred to in paragraph 1 (c) and paragraph 2 (a) may be replaced by a reference to the relevant legislation, collective agreement or internal law.
(4) The employer shall not be obliged to inform the staff member in accordance with paragraphs 1 and 2 if the secondment does not exceed a period of 4 weeks consecutive.
(5) Paragraph 37 (3) and (4) shall apply mutatis mutandis.
91) Article 56 of the Treaty on the Functioning of the European Union.
118) Article 5 (2) of Directive 2014 / 67 / EU of the European Parliament and of the Council of 15 May 2014 on the enforcement of Directive 96 / 71 / EC on the posting of workers in the framework of the provision of services and amending Regulation (EU) No 1024 / 2012 on administrative cooperation through the Internal Market Information System (IMI Regulation). '
6. In Paragraph 39 (1), "expressly 'is replaced by" in writing'.
7. Paragraph 74 (2) reads:
"(2) When performing work under an agreement to carry out work and an agreement to work, the employer shall be obliged to pre-schedule the staff member on the written schedule of the working time and to acquaint him or her with the change of staff member no later than 3 days before the beginning of the shift or the period to which the staff member is scheduled, unless he or she agrees with the staff member on a different time of introduction. '
8. Article 75, including the title, reads:
Agreement on the implementation of work
(1) The scope of the work carried out under the agreement to carry out the work must not exceed 300 hours per calendar year.
(2) The scope of the work referred to in paragraph 1 shall also include the period of employment of the employer in the same calendar year under another agreement to carry out the work. The periods referred to in Paragraph 348 (1) shall not be included in the scope of the work.
(3) The agreement on the implementation of the work shall specify the work negotiated and the period for which it is concluded. ';
9.
Common provisions on non-employment agreements
(1) The agreement on the performance of work and the agreement on work must be concluded in writing; one copy of this agreement shall be issued by the employer to the staff member.
(2) Unless otherwise provided for in this Act, the provisions on employment shall apply to the legal relationship established by the agreement on the performance of work and the agreement on employment, with the exception of:
(a) transfer to another work and transfer;
(b) temporary secondment;
(c) severance grants;
(d) leave;
(e) termination of employment;
(f) remuneration,
(g) travel and subsistence allowances pursuant to Article 190a.
(3) Staff members working under an agreement to carry out work or an agreement to work shall not be entitled to compensation for the remuneration of the agreement for the duration of other important personal barriers to work under Paragraph 199 and for the general interest of the work provided for in Sections 200 to 205, unless otherwise agreed or provided by the internal regulation.
(4) If a staff member whose legal relationships based on employment agreements and employment agreements for the previous 12 months have been in total with that employer for at least 180 days, in writing to the employer for employment in employment, the employer shall be obliged to provide him with a reasoned written reply within 1 month at the latest.
(5) If no agreement is reached on the manner in which the legal relationship established by the agreement on the performance of the work or the agreement on employment is abolished, it may be revoked.
(a) by agreement of the Contracting Parties on the negotiated date;
(b) a notice given for any reason or without giving a reason with a 15-day notice period commencing on the date on which the notice was served on the other Contracting Party; or
(c) immediate cancellation; However, the immediate termination of the legal relationship established by the employment agreement or the employment agreement may only be negotiated where the employment relationship can be terminated immediately.
(6) A written form shall be required for the termination of a legal relationship established by an agreement to carry out a work or an agreement to work, otherwise its termination or immediate cancellation shall not be taken into account.
(7) If the staff member considers that the employer has given his notice pursuant to paragraph 5 (b) because:
(a) has legally sought:
1. the right to information on the creation or change of a legal relationship established by a labour agreement or an employment agreement pursuant to § 77a or on the posting of an employee on the territory of another State pursuant to § 77b;
2. the right to advance the allocation of working time pursuant to Paragraph 74 (2); or
3. the right to professional development under § 227 to 230; or
(b) the employer has applied for employment in accordance with § 77 (4), for the adjustment of working conditions under § 241 or 241a, for maternity, paternity or parental leave, or for the benefit of, or for, another natural person, or for treatment under § 191;
and within 1 month of the date of receipt of the employer's statement in writing, the employer shall inform him in writing of the reasons for the statement without undue delay. ';
10. in Paragraph 77 (2), point (d) shall be deleted;
Points (e) to (g) shall be renumbered (d) to (f).
11. in Article 77, the following paragraph 8 is added:
"(8) In the case of a staff member working under an agreement to carry out work or an agreement to work, the length of a week shall be 20 hours per week for the purposes of leave. ';
12. After Paragraph 77, the following Sections 77a and 77b are inserted:
Information on the content of the legal relationship established by agreements on work outside the employment relationship
(1) If this information does not contain an agreement to carry out work or an agreement to work, the employer must inform the staff member in writing of:
(a) the name and address of the employer, if he is a legal person, or the name, surname and address of the employer, if he is a natural person;
(b) a closer indication of the work contracted and the place of work,
(c) the area of leave and the method of determining the length of leave;
(d) the duration and conditions of the trial period, if agreed;
(e) the procedure to be followed by the employer and the employee when the legal relationship established by the agreement on the performance of the work or the agreement on employment is undone and the length and running of the period of notice;
(f) professional development, if provided by the employer;
(g) the estimated scope of the working time per day or week, on the way in which the working time is to be allocated, including the duration of the compensation period referred to in Article 76 (3);
(h) the range of minimum continuous daily rest and continuous rest in the week and providing a break in work on food and rest or adequate time on rest and food;
(i) the remuneration of the agreement, the conditions for its provision, the maturity and the date of payment of the remuneration of the agreement and the place and manner in which the remuneration is paid;
(j) collective agreements governing the working conditions of the staff member and the designation of the parties to those collective agreements;
(k) a social security body to which the employer pays social security contributions in connection with the employment relationship of the staff member;
no later than 7 days from the date of commencement of work.
(2) The information referred to in paragraph 1 (c) to (f), (h), (i) and (k) may be replaced by a reference to the relevant legislation, collective agreement or internal law. Paragraph 37 (3) to (5) shall apply mutatis mutandis.
Informing employees working under work agreements outside the employment relationship broadcast on the territory of another State
(1) If the employer sends an employee to work on the territory of another State and does not contain such information an agreement to carry out the work or an agreement to work, the employer shall inform him in advance of:
(a) the State in which the work is to be carried out;
(b) the estimated duration of the secondment;
(c) the currency in which the remuneration will be paid to him from the agreement;
(d) cash or in kind provided by the employer in connection with the performance of the work;
(e) whether and under what conditions the return of the staff member is ensured.
(2) If an employee working under an agreement to carry out a job or an agreement to work is seconded to another Member State of the European Union for the purpose of carrying out a transnational service (91), the employer shall also inform him in advance of:
(a) remuneration for the work to which the staff member is entitled in accordance with the legislation of the host Member State;
(b) the conditions for granting travel allowances in connection with the performance of work and other duties provided by the employer in connection with secondment;
(c) a reference to the official national Internet address established by the host Member State (118).
(3) The information referred to in paragraph 1 (c) and paragraph 2 (a) may be replaced by a reference to the relevant legislation, collective agreement or internal law.
(4) The employer shall not be obliged to inform the staff member in accordance with paragraphs 1 and 2 if the secondment does not exceed a period of 4 weeks consecutive.
(5) Paragraph 37 (3) and (4) shall apply mutatis mutandis. '
13. In § 80, the words "and in writing 'shall be added at the end of the first sentence.
14. In Part Four, Title IV, Part 1 reads:
"Continuous daily rest."
15. in Paragraph 90 (1):
"(1) The employer shall provide the staff member with a continuous daily rest of at least 11 hours within 24 hours of consecutive and adolescent staff for at least 12 hours within 24 hours of consecutive. ';
16. In Paragraph 90a, the words "Rest between the end of one shift and the beginning of the following shift 'are replaced by" Continuous daily rest'.
17.
"Continuous rest of the week
(1) The employer is obliged, within a week, to provide a continuous rest of at least 24 hours for workers under 18 years of age, together with a continuous daily rest in accordance with Paragraph 90 (1), to which he must immediately follow up; the total duration of these rest periods is the continuous rest of the week.
(2) The employer is obliged to provide a continuous rest period of at least 48 hours per week to a young worker during the week.
(3) Where this allows the employer to operate, the employer shall provide continuous rest in the week referred to in paragraphs 1 and 2 to all employees for the same day and so that Sunday falls into it.
(4) In the cases referred to in Paragraph 90 (2) and in the case of technological processes which cannot be interrupted, the employer may only shorten the continuous rest of the week referred to in paragraph 1 to a minimum duration of 24 hours. In this case, the continuous daily rest may be reduced in accordance with Paragraph 90 (2), provided that the period by which it has been reduced must not be granted separately but only with the following continuous rest in a week so that the staff member is granted a continuous rest in a week of at least 70 hours over a period of 2 weeks.
(5) In agriculture, it is possible to agree to reduce the continuous rest of the week. In this case, the continuous daily rest may be reduced in accordance with Paragraph 90 (2), provided that the period by which it has been reduced must not be granted separately, but only with other continuous rest in the week, so that the staff member is granted continuous rest in the week for the period
(a) 3 weeks of at least 105 hours;
(b) 6 weeks of at least 210 hours in seasonal work. "
18. In Paragraph 93 (2), the words "rest between two shifts' are replaced by the words" daily rest '.
19. Paragraph 93a, including the title and footnotes 120 and 121, reads as follows:
Other agreed overtime work in health care
(1) Other agreed overtime work in health care (hereinafter referred to as "other agreed overtime work") means work in continuous operation associated with the provision of health services by a bed care provider or a health rescue service provider which it carries out
(a) a doctor, dentist or pharmacist (120);
(b) a health professional working in a continuous working direction121);
(hereinafter referred to as "the health worker ').
Another agreed overtime work is over the scope referred to in Paragraph 93 (4).
(2) A healthcare worker who does not agree to carry out the additional work agreed on overtime must not be forced to negotiate it or be subjected to any harm. The employer shall notify the competent authority of the work inspection in writing of the application of the additional agreed overtime work.
(3) Other agreed overtime work for health care staff shall not exceed, on average, 8 hours per week and, in the case of medical emergency staff, on average, 12 hours per week for a period of not more than 26 weeks consecutive; only a collective agreement may define that period for a maximum of 52 weeks consecutive.
(4) Agreement on additional agreed overtime work
(a) it must be negotiated in writing, otherwise it shall be void;
(b) it may not be negotiated within the first 12 weeks of the date of employment;
(c) it must not be negotiated for more than 52 weeks consecutive;
(d) may be immediately cancelled, even without giving reasons within 12 weeks of the negotiation; the immediate cancellation must be made in writing and served on the other participant,
(e) may be denounced for any reason or without giving a reason; the statement must be given in writing and served on the other party. If the period of notice has not been agreed on, it shall be 2 months and shall be the same for both employers and health workers.
(5) The employer shall keep an up-to-date list of all healthcare workers performing other agreed overtime work.
(6) Unless otherwise provided in this provision, the provisions of the Labour Code relating to overtime shall apply mutatis mutandis to other agreed overtime work.
120) Act No. 95 / 2004 Coll., on the conditions for obtaining and recognising professional competence and specialised competence for the exercise of the medical profession of physician, dental practitioner and pharmacist, as amended.
121) Act No. 96 / 2004 Coll., on the conditions for obtaining and recognising eligibility for the pursuit of non-medical medical professions and for carrying out activities related to the provision of healthcare and amending certain related laws (Law on non-medical professions), as amended. '
20. Paragraph 93a, including footnotes 120 and 121, shall be deleted.
21. in Paragraph 96 (1) (a), the following point 3 is inserted after point 2:
"3. other agreed overtime work (§ 93a),"
Points 3 and 4 shall become points 4 and 5.
22. in Article 96 (1) (a), point 3 is deleted;
Points 4 and 5 shall become points 3 and 4.
23. In the last sentence of Paragraph 111 (1), the words "and pay 'are replaced by the words", pay or remuneration from the Agreement'.
24. At the end of Paragraph 138, the sentence "Paragraphs 115 to 118 shall apply mutatis mutandis for the provision of remuneration from the Agreement, and the remuneration from the Agreement shall be treated as remuneration for these purposes. '
25. in Article 145 (2) (b), the words "or salary" shall be replaced by the words "salary or remuneration of the Agreement."
26. in Paragraph 147 (1) (c), the words "or salary" shall be replaced by the words "salary or remuneration of the Agreement."
27. in Article 147 (1) (e), the words "or salary" shall be replaced by the words "pay or remuneration of the Agreement."
28. in Part Seven, the following Title VI is inserted after Title V:
REFUNDS ON COSTS IN PERFORMANCE OF WORK FOR A LONG TIME
(1) Reimbursement of costs associated with the performance of work from a place agreed with the employer other than the employer's place of work under Paragraph 317 ("distance work") constitutes:
(a) reimbursement of costs incurred by the staff member in connection with the work carried out at a distance by the employer; or
(b) the flat-rate amount of compensation for the costs defined in paragraph 3;
Paragraph 190 is not affected.
(2) The employer and the employee may agree in advance in writing that the reimbursement of costs related to the distance work or part of the staff member is not due.
Contents
ČÁST PRVNÍ
Čl. I
㤠21
㤠37
㤠37a
㤠75
㤠77
㤠77a
§ 77b
§ 92
㤠93a
„HLAVA VI
§ 190a
㤠196
㤠241
㤠241a
㤠317
㤠334
㤠334a
㤠335a
㤠337
Čl. II
ČÁST DRUHÁ
Čl. III
Čl. IV
ČÁST TŘETÍ
Čl. V
ČÁST ČTVRTÁ
Čl. VI
㤠21a
㤠41a
㤠88b
㤠130a
Čl. VII
ČÁST PÁTÁ
Čl. VIII
ČÁST ŠESTÁ
Čl. IX
ČÁST SEDMÁ
Čl. X
„HLAVA VI
§ 76a
㤠82
Čl. XI
ČÁST OSMÁ
Čl. XII
㤠12a
㤠25a
ČÁST DEVÁTÁ
Čl. XIII
㤠30a
㤠112
㤠117
㤠117a
Čl. XIV
ČÁST DESÁTÁ
Čl. XV
ČÁST JEDENÁCTÁ
Čl. XVI
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Regulation Information
| Citation | Act No. 281 / 2023 Coll., amending Act No. 262 / 2006 Coll., Labour Code, as amended, and some other laws |
|---|---|
| Regulation Type | Law |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 19.09.2023 |
|---|---|
| Effective from | 01.10.2023 |
| Effective until | - |
| Status | Valid |
Parliamentary Paper:
Paper No. 423
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