What is Act No. 285 / 2020 Coll.?

Act No. 285 / 2020 Coll., amending Act No. 262 / 2006 Coll., Labour Code, as amended, and some other related laws — Act amending Act No. 262 / 2006 Coll., Labour Code, as amended, and some other related laws.

When it became Act No. 285 / 2020 Coll. effectiveness?

Act No. 285 / 2020 Coll. became effective 30.07.2020.

Is Act No. 285 / 2020 Coll. still valid?

Yes, Act No. 285 / 2020 Coll. is still valid and effective.

Act No. 285 / 2020 Coll. - Act amending Act No. 262 / 2006 Coll., L...

285

THE LAW

of 10 June 2020

amending Act No. 262 / 2006 Coll., Labour Code, as amended, and certain other related laws

Parliament has decided on this law of the Czech Republic:

ČÁST PRVNÍ

Amendment of the Labour Code

Čl. I

Act No. 5 / 2011, Act No. 5 / 2011, Act No. 5 / 2011, Act No. 5 / 2011, Act No. 5 / 2011, Act No. 5 / 2011, Act No. 5 / 2011, Act No. 5 / 2011, Act No. 5 / 2008 Coll., Act No. 6 / 2011 Coll., Act No. 6 / 2009 Coll., Act No. 6 / 2009 Coll., Act No. 20 / 2009 Coll.

1. In footnote 1, the sentence "Council Directive 94 / 45 / EC of 22 September 1994 on the establishment of a European Works Council or the establishment of a procedure for informing and consulting employees in undertakings operating within the Community and groups of undertakings operating within the Community. Council Directive 97 / 74 / EC of 15 December 1997 extending to the United Kingdom of Great Britain and Northern Ireland the scope of Directive 94 / 45 / EC on the establishment of a European Works Council or the establishment of a procedure for informing and consulting employees in Community-scale undertakings and Community-scale groups of undertakings. Council Directive 2006 / 109 / EC of 20 November 2006 adapting, by reason of the accession of Bulgaria and Romania, Directive 94 / 45 / EC on the establishment of a European Works Council or a procedure for informing and consulting employees in undertakings operating within the Community and groups of undertakings operating within the Community. Council Directive 96 / 34 / EC of 3 June 1996 on a framework agreement on parental leave concluded by UNICE, CEEP and ETUC. ';

2. At the end of footnote 1, the entries "Council Directive 2000 / 79 / EC of 27 November 2000 on the European Agreement on the Organisation of Working Time of Mobile Workers in Civil Aviation concluded between the Association of European Airlines (AEA), the European Transport Workers' Federation (ETF), the European Technical Flight Crew Association (ECA), the European Airlines Association (ERA) and the International Air Carrier Association (IACA) are added to separate rows.

Council Directive 2014 / 112 / EU of 19 December 2014 implementing the European Agreement on the adaptation of certain aspects of the organisation of working time in the inland waterway transport sector concluded by the European Union of Inland Navigation (EBU), the European Ship Captains Organisation (ESO) and the European Transport Workers' Federation (ETF).

Council Directive 1999 / 63 / EC of 21 June 1999 on the Agreement on the organisation of working time of seafarers concluded between the European Community Union Maritime Ship Operators Association (ECSA) and the Federation of Transport Workers' Unions (FST).

Council Directive 98 / 24 / EC of 7 April 1998 on the safety and health of workers against risks related to chemical agents at work (14th individual Directive within the meaning of Article 16 (1) of Directive 89 / 391 / EEC).

Directive 2009 / 148 / EC of the European Parliament and of the Council of 30 November 2009 on the protection of workers from the risks associated with exposure to asbestos at work.

Council Directive 2009 / 13 / EC of 16 February 2009 implementing the Agreement to the Maritime Labour Convention 2006 concluded by the European Community Maritime Ship Operators Association (ECSA) and the European Transport Workers' Federation (ETF) and amending Directive 1999 / 63 / EC.

Directive (EU) 2015 / 1794 of the European Parliament and of the Council of 6 October 2015 amending Directives 2008 / 94 / EC, 2009 / 38 / EC and 2002 / 14 / EC of the European Parliament and of the Council and Council Directives 98 / 59 / EC and 2001 / 23 / EC as regards seafarers.

Directive (EU) 2018 / 957 of the European Parliament and of the Council of 28 June 2018 amending Directive 96 / 71 / EC on the posting of workers in the framework of the provision of services. ';

3. footnote 10 is deleted, including the footnote references.

4.

„§ 51a

(1) If the staff member's notice was given because of the transfer of rights and obligations from employment relationships or because of the transfer of rights and obligations from employment relationships within 15 days of the date on which the staff member was informed of such migration within the scope of Paragraph 339 no later than 30 days before the date of entry into force of that transition, the employment relationship shall end no later than the date preceding the date on which the transfer takes effect.

(2) If the staff member has not been informed of the transfer of rights and obligations from employment relationships or of the transfer of rights and obligations from employment relationships within the scope of Paragraph 339 no later than 30 days before the date of entry into force of the transfer, he may, for that reason, give notice that:

(a) if a notice has been given before the date of entry into force of this transition, the employment relationship shall end on the day preceding the date of entry into force of that transition;

(b) if a notice has been given within 2 months of the date of entry into force of this transition, the employment relationship shall end with the expiry of a period of notice of 15 days beginning on the date on which the notice was delivered to the employer. "

5. In Article 73 (2), the word "manager 'shall be inserted after the words" appeal from' and the words "post 'shall be inserted after the words" paragraph 3'.

6. In Paragraph 73 (3) of the Introductory Part of the Provisions, the word "working 'and" only' are inserted after the word "Leaders'.

7. In Article 73a (1), the words "following 'are deleted.

8. The heading of Section 77 reads:

"Common provisions on non-employment agreements'.

9. in § 78 (1) (e):

"(e) a multi-shift work regime in which workers regularly take turns in 3 or more shifts within 24 hours consecutive;"

10. in Paragraph 79 (2) (b), the words "three-shift and" shall be replaced by the words "multi-shift or."

11. Paragraph 79 (3) reads as follows:

"(3) The reduction of the fixed weekly working hours without reducing the salary below the range set out in paragraphs 1 and 2 may contain only a collective agreement or internal regulation and may not be carried out by the employer under Paragraph 109 (3). This reduced weekly working hours shall be fixed weekly working hours. ';

12.Paragraph 85 (5) reads as follows:

"(5) Flexible layout of working time does not apply

(a) on a staff member's business trip;

(b) at the time of drawing up the leave;

(c) where there is a need to ensure an urgent task in an exchange whose beginning and end are fixed;

(d) where operational reasons prevent its application;

(e) at the time of important personal obstacles to work pursuant to Sections 191 and 191a; and

(f) in other cases identified by the employer. ";

13. Paragraph 93a, including the title and footnotes 23a and 23b, shall be deleted.

14. in Article 96 (1) (a), point 3 is deleted;

Points 4 and 5 shall become points 3 and 4.

15. in Paragraph 97 (1), the second sentence is deleted;

16. in Paragraph 97 (2), the words "workers' representatives" shall be replaced by "in the cases referred to in Paragraph 203 (2) (a)."

17. in Article 103 (5), the words "establishment of protected areas" shall be replaced by the words "reservation."

18. In the second sentence of Paragraph 104 (1), the words "special legislation34) 'are replaced by" directly applicable European Union34'.

Footnote 34 reads:

"(34) Regulation (EU) 2016 / 425 of the European Parliament and of the Council of 9 March 2016 on personal protective equipment and repealing Council Directive 89 / 686 / EEC. ';

19. In Section 122, the words "and negotiation 'are deleted.

20. In the first sentence of Paragraph 127 (1), the words "in the scope of overtime work 'shall be inserted after the words" replacement leave'.

21. In Paragraph 127 (3), at the end of the second sentence, the words "for which the employer is obliged to provide the salary or leave 'shall be added.

22. In Paragraph 130 (1), the words "working in shifts divided 'are replaced by the words" to which the employer has arranged the shifts divided'.

23. In Paragraph 130 (2), the words "this Act 'are replaced by the words" paragraph 1'.

24. In Section 170 (5) of the introductory part of the provision, the words "at the level of the basic rate 'are deleted.

25. in Article 176 (4) (b), the words "12 to 18 hours" shall be replaced by the words "more than 12 hours, but not more than 18 hours."

26. In Part Seven, Title III, the title of Episode 3 reads:

"Reimbursement on receipt and transfer."

27. in Article 177 (1), the word "refunds" is replaced by "refunds."

28. In Article 177 (2), "Reimbursement 'is replaced by" Refunds';

29. in Article 179 (4) (a), "5 to 12 hours" is replaced by "12 hours";

30. in Article 179 (4) (b), the words "12 to 18 hours" shall be replaced by the words "more than 12 hours, but not more than 18 hours."

31. § 191a reads:

„§ 191a

The employer shall be obliged to excuse the absence of a staff member at work while providing long-term care in cases under Sections 41a to 41c of the sickness insurance law, unless serious operational reasons prevent this. '

32. in Article 203 (2) (h), the words "and for similar activities on sports centres of children and youth" shall be inserted after the words "in camps for children and youth," and at the end of the letter the comma shall be replaced by a dot and the words "Staff members shall be entitled, under the conditions laid down in Article 203a, to compensation for wages or salaries of no more than 1 week ';

33. The following Section 203a is inserted after Section 203, including the title:

„§ 203a

Employment related to children and youth events

(1) The staff member shall be entitled to leave, in accordance with Article 203 (2) (h), with compensation for his salary or salary only in respect of an event organised by a legal person,

(a) registered in the public register of legal and natural persons for at least 5 years; and

(b) working with children and youth is its main activity.

This must be demonstrated by the employee to the employer.

(2) The maximum amount of compensation granted for wages or salaries is the average wage in the national economy for the first to third quarters of the calendar year preceding the calendar year in which the leave is granted, declared under the Employment Act.

(3) The employer shall be entitled to reimbursement of compensation granted for salary or salary from the state budget; no compensation shall be paid for salary or salary over the scope laid down by this law. The reimbursement shall be provided at the request of the district social security administration according to the employer's registered office, if it is a legal person, or according to the employer's permanent residence, if it is a natural person. The employer must provide proof that the salary or salary is paid and that the conditions for it are met. '

34. In the first sentence of Paragraph 210, "working time 'is replaced by" shifts'.

35. In the second sentence of Paragraph 210, the words "or salary 'and the words" or salary' are deleted.

36. In Part Nine, Titles I and II, including the headings and footnotes No 72, read:

„HLAVA I

BASIC PROVISIONS

§ 211

Staff employed in employment shall, under the conditions laid down in this Part, be entitled to leave for a calendar year or a proportion thereof, and to supplementary leave.

HLAVA II

IMPORTED FOR THE CALENDAR YEAR OF WHICH THE DIFFERENT PART AND EXTENSION AUTHORISED

§ 212

Vacation period

(1) The period of leave shall be at least 4 weeks in a calendar year.

(2) The proportion of employers' employees' leave referred to in Article 109 (3) shall be 5 weeks in the calendar year.

(3) The rate of leave for teaching staff (47) and academic staff (72) is 8 weeks per calendar year.

(4) If, during the relevant calendar year, a staff member changes the length of a fixed weekly working time or shorter weekly working time, he shall be entitled for that year to leave in proportion to the length of each period with a different period of fixed weekly working time or shorter weekly working time.

(5) The Government may, by regulation, lay down the conditions under which vacations may be granted in calendar days for railway workers with unevenly distributed working hours under Paragraph 100 (1) (c).

§ 213

Allowances per calendar year and proportion

(1) Employees who, for the continuous duration of their employment with the same employer, have worked for 52 weeks in the relevant calendar year, to the extent of the fixed weekly working time for that period, shall be entitled to leave for a calendar year of the fixed weekly working time multiplied by the amount of leave for which the staff member is entitled in the relevant calendar year.

(2) If, under the conditions referred to in paragraph 1, a staff member carries out work for shorter weekly working hours, he shall be entitled to leave corresponding to this shorter weekly working hours.

(3) Employees who have not been entitled to leave for a calendar year as referred to in paragraph 1 or 2 but who, for the continuous duration of their employment with the same employer, have worked for him during the relevant calendar year for at least 4 weeks within the limits of the fixed weekly working hours or shorter weekly working hours for that period, shall be entitled to a proportion of the leave.

(4) For each week worked or shorter weekly working time in the relevant calendar year, the proportional part of the leave shall be one-fifty per week worked or shorter weekly working time multiplied by the amount of leave to which the staff member is entitled in the relevant calendar year.

(5) If the staff member has worked more than 52 times the fixed weekly working hours or shorter weekly working hours in a calendar year, the length of leave shall be extended by one-fifty per calendar year for each additional week worked or shorter weekly working hours.

72) Act on Higher Education. '.

37.Paragraph 215 (1) reads as follows:

"(1) Employees who work for the same employer during a fixed weekly working period for a full calendar year under the ground for mining minerals or tunnelling and workers who are particularly difficult to work throughout the calendar year shall be entitled to additional leave of a fixed weekly working period and, if working under such conditions for a shorter weekly working period, shall be entitled to additional leave corresponding to that shorter weekly working period."

38. in Paragraph 215, the following paragraphs 2 and 3 are inserted after paragraph 1:

"(2) Where, under the conditions referred to in paragraph 1, a staff member is only responsible for part of a calendar year, he shall be entitled, for each week worked or shorter weekly working time in the relevant calendar year, to an additional leave of one-fifty specified weekly working hours or shorter weekly working hours; where there is a right to supplementary leave for the performance of work in tropical or otherwise difficult areas, paragraph 4 (f) shall be followed.

(3) Additional leave for the purpose of carrying out work which is particularly difficult is for the staff member to fulfil the conditions laid down, even if he is entitled to additional leave for the purpose of carrying out work under the ground for mining minerals or for tunnelling and stacks. '

Paragraphs 2 to 4 shall be renumbered paragraphs 4 to 6.

39. In Paragraph 215, at the end of paragraph 4, the dot is replaced by a comma and the following point (j) is added:

"(j) in the cleaning of sewers, sludge compartments, sewer waste, cesspool, let in, sewer pipes and connections, the destruction of harmful animals in the sewers and the operation of waste water treatment plants come into direct contact with biological waste water and waste within at least half of the prescribed weekly working time.";

40. in Article 215 (6), "1, 2 and 3" is replaced by "1 to 4";

41. In Section 215, paragraphs 7 and 8 are added:

"(7) Paragraph 212 (4) shall apply mutatis mutandis when changing the length of the fixed weekly working time during the relevant calendar year for the purposes of determining the right to supplementary leave.

(8) For the purposes of supplementary leave, in the cases referred to in points (a) to (e) and (g) to (j) of paragraph 4, the periods referred to in paragraphs 216 (2) and 348 (1) shall not be considered to be the work of the work, except in the case of the taking of leave; the right to supplementary leave in such cases shall be established only on the basis of the actual performance of the work under the conditions set out in paragraphs 1 to 4. ';

42. Paragraph 216 (2) to (4) reads as follows:

"(2) Only up to 20 times the fixed weekly working time or 20 times the shorter weekly working time, for the purposes of leave, shall the work be considered to have been carried out in the same calendar year due to:

(a) temporary incapacity for work, with the exception of incapacity for work resulting from accidents at work or occupational disease;

(b) quarantine ordered under another legislation (59);

(c) taking parental leave, except for the period during which the staff member draws parental leave until the period during which the staff member is entitled to take maternity leave;

(d) other important personal obstacles at work under Section 199, with the exception of those referred to in the implementing legislation under Section 199 (2).

(3) For the purposes of the work referred to in paragraph 2, the duration of the obstacles to work referred to in paragraph 2 shall be deemed to be the performance of the work only if the staff member has worked at least 12 times the weekly working hours or 12 times the shorter weekly working hours outside their period in a calendar year.

(4) If the staff member has long been fully released for public office, he shall be obliged to leave him or part of it to whom the staff member has been so released; that person shall also be obliged to provide him with the part of the leave which he has not exhausted before release. If the staff member has not exhausted his leave before the end of the period of release, he shall be obliged to provide it to him by the releasing employer. Compliance with the conditions for the right to leave shall be assessed in whole during the period before and after release. '

43. In Section 216, the following paragraph 5 is added:

"(5) The leave for which the right has been established in the relevant calendar year shall be rounded up to the nearest hour."

44. in Paragraph 218, the following paragraph 2 is inserted after paragraph 1:

"(2) Taking into account the legitimate interests of the staff member, on the basis of his written request, the part of the leave for the calendar year to which the right has been established in the relevant calendar year and which exceeds 4 weeks and 6 weeks for the pedagogy and academic staff of universities may be transferred to the following calendar year. ';

Paragraphs 2 to 4 shall become paragraphs 3 to 5.

45. in Article 218 (3), the words "or, if part of it has been transferred pursuant to paragraph 2," shall be inserted after the words "paragraph 1," and the number "4" shall be replaced by "5."

46. In Article 218, the following paragraph 6 is added:

"(6) The employer may, exceptionally, designate the employee with his consent to a shorter period than the length of the shift, but not less than one half of the length of the shift, if not for the remainder of the unspent leave, which is less than half of the shift. '

47. Paragraph 219 (1) of the first sentence after the semicolon states: "the interruption of leave at the time of provision of long-term care, the treatment of a sick family member, military training or operational service shall not take place if the staff member requests to continue taking leave during these obstacles to work '.

48. In Paragraph 219 (2), at the end of the text of the first sentence, the words "this shall not apply where the staff member would otherwise be obliged to work in accordance with Paragraph 91 (4) on the day of the holiday and the taking of leave on that date was determined at his request '.

49. Paragraph 221 (2) is deleted and paragraph 1 is deleted.

50. in Article 222 (1), the second sentence is deleted;

51. in Article 222 (4), the second sentence is deleted;

52. The following Section 222a is inserted after Section 222, including footnote 91:

„§ 222a

Staff seconded to work in the framework of the transnational provision of services (91) to another Member State of the European Union shall not be entitled to compensation for wages or holidays to the extent that they are entitled to compensation under the legislation of the Member State to which they are seconded.

91) Article 56 of the Treaty on the Functioning of the European Union. '

53. § 223 reads:

„§ 223

(1) The employer may only reduce the leave for an unexcused missed shift by the number of unexcused missed hours; the unexcused delay of shorter parts of individual shifts can be added.

(2) The period of leave to which the right has been established in the relevant calendar year shall be reduced only for the reason referred to in paragraph 1 which arose in that year.

(3) In the event of a reduction of leave, a staff member whose employment relationship with the same employer has lasted throughout the calendar year shall be granted a leave of at least 2 weeks. ';

54. In Paragraph 249 (2), the words "other employees or close persons, as the case may be, 'are replaced by the words" another natural person'.

55. In Section 269, the following paragraph 5 is added:

"(5) The damage under this law is not a possible loss of pension."

56. In the second sentence of Article 271b (3), the words "during the period of inclusion in the register of applicants for employment" shall be inserted after the words "during the period of inclusion in the register of applicants for employment," and at the end of the paragraph, the sentence "After the end of inclusion in the register of applicants for employment, the sentence" shall be added to the calculation of the compensation for loss of earnings after the end of the period of invalidity or the recognition of invalidity shall be treated for all the injured persons referred to in paragraph 1. "

57. § 271f, including the title reads:

„§ 271f

One-off compensation for non-property damage in the event of particularly serious harm to the health of the employee

In the event of particularly serious harm to the health of a staff member, it is for his spouse, partners51a), the child and the parents to make one-off compensation for the non-property damage suffered. This compensation shall also be payable to other persons in a family or similar proportion who feel the damage to the employee as being self-inflicted. ';

58. in Article 271g (2) and (3):

"(2) The reimbursement of reasonable costs associated with the funeral shall consist of the cost of setting up a memorial or a plaque up to at least one-and-a-half times the average national economy wage recorded for the first to third quarters of the calendar year preceding the calendar year in which the right to such reimbursement arises; the amount of this refund shall be rounded up to the nearest hundred crowns. In addition, the reimbursement of the reasonable costs associated with the funeral shall consist of the costs charged for the funeral, the cemetery fees, the cost of adjusting the monument or the plate, travel expenses and one third of the usual costs of the funeral attire to persons close to them.

(3) The amount of the average wage determined in accordance with paragraph 2 shall be declared by the Ministry of Labour and Social Affairs on the basis of the Czech Statistical Office's data by a communication published in the Collection of Laws. "

59. § 271i, including the title reads:

„§ 271i

Disposable compensation for non-property damage to survivors

(1) A one-off compensation for non-material damage to the survivors is due

(a) the spouse (51a) of the deceased employee,

(b) the child of the deceased employee; and

(c) the parents of the deceased staff member.

(2) One-off compensation for non-property damage shall be payable to each survivor referred to in paragraph 1 at least 20 times the average wage on the national economy recorded for the first to third quarters of the calendar year preceding the calendar year in which the right to such compensation arose; if the compensation is paid to both parents, half of that amount shall be paid to each of them. The amount of one-off compensation for non-material damage to the survivors shall be rounded up to the whole hundred crowns.

(3) One-off compensation resulting from non-property damage shall also be paid to other persons in proportion to family or equivalent, who feel the damage to the employee as being self-inflicted.

(4) The average wage determined in accordance with paragraph 2 shall be declared by the Ministry of Labour and Social Affairs on the basis of the Czech Statistical Office's data by a communication published in the Collection of Laws. "

60. In § 271s, the current text becomes paragraph 1 and the following paragraph 2 is added:

"(2) The Court of First Instance shall take into account, when determining the amount of the one-off compensation for the non-property damage suffered by the survivors under Paragraph 271i, the amount of the one-off compensation for the non-property damage caused by the particular serious injury suffered by the worker under Paragraph 271f. '.

61. in Article 273 (2), the words "the representative of the staff of the European Works Council" shall be replaced by the words "a member of the European Works Council, a member of the negotiating committee."

62.

"78) For example, Act No. 412 / 2005 Coll., on the Protection of classified information and on Security Capability, as amended. '

Citation	Act No. 285 / 2020 Coll., amending Act No. 262 / 2006 Coll., Labour Code, as amended, and some other related laws
Regulation Type	Law
Author	-
Collection	Code of Laws

Date of Promulgation	26.06.2020
Effective from	30.07.2020
Effective until	-
Status	Valid

Act No. 285 / 2020 Coll.

Act amending Act No. 262 / 2006 Coll., Labour Code, as amended, and some other related laws

Contents