Act No. 294 / 2008 Coll.
Act amending Act No. 262 / 2006 Coll., Labour Code, as amended, and Act No. 251 / 2005 Coll., on Labour Inspection, as amended
Valid
Law
Effective from 01.10.2008
294
THE LAW
of 16 July 2008
amending Act No. 262 / 2006 Coll., Labour Code, as amended, and Act No. 251 / 2005 Coll., on Labour Inspection, as amended
Parliament has decided on this law of the Czech Republic:
Amendment to Act No. 262 / 2006 Coll., as amended
Act No. 262 / 2006 Coll., Labour Code, as amended by Act No. 585 / 2006 Coll., Act No. 181 / 2007 Coll., Act No. 261 / 2007 Coll., Act No. 296 / 2007 Coll., Act No. 362 / 2007 Coll., found by the Constitutional Court under Act No. 116 / 2008 Coll., Act No. 121 / 2008 Coll. and Act No. 126 / 2008 Coll., is amended as follows:
1. The following Section 93a is inserted after Section 93, including the title and footnotes 23a and 23b:
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 linked to the income, treatment, care or provision of pre-hospital emergency care in hospitals, other bed and medical facilities of the medical emergency service which it carries out
(a) a physician, dentist or pharmacist 23a),
(b) a health professional working in a continuous working direction23b)
(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 workers shall not exceed, on average, 8 hours per week, and, in the case of medical emergency staff, 12 hours per week on average, a period which may not exceed 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.
23a) 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 doctor, dentist and pharmacist, as amended.
23b) 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 medical professions), as amended. '
2. 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.
3. In Article 363 (1), the words "Article 93 (2), second sentence and (4) 'are inserted after the words" Article 93a (1) to (3) and (5)' and the words "Article 96 (2) 'are replaced by the words" Article 96 (1) (a) (3) and (2)'.
Transitional provision
Other agreed overtime work in health care referred to in point (b) of Article 2 (1) I, point 1, may be exercised only during the period from the date of application of this Act until 31 December 2013.
Amendment to Act No. 251 / 2005 Coll., as amended
Act No. 251 / 2005 Coll., on Labour Inspection, as amended by Act No. 230 / 2006 Coll., Act No. 264 / 2006 Coll., Act No. 213 / 2007 Coll. and Act No. 362 / 2007 Coll., is amended as follows:
1. in Paragraph 4 (1) (k), at the end of point 2, the dot is replaced by a comma and the following point (l) is added:
"(l) is entitled to prohibit (limit) 9a) the work of overtime carried out under Section 93a of the Labour Code.
9a) Article 22 (1) (d) of Directive 2003 / 88 / EC of the European Parliament and of the Council of 4 November 2003 on certain aspects of the organisation of working time. '
2. In Article 5 (1) (m), at the end of point 2, the dot is replaced by a comma and the following point (n) is added:
"(n) is entitled to prohibit (limit) 9a) the work of overtime carried out under Section 93a of the Labour Code."
3. In Article 7 (1) (j), at the end of point 2, the words "overtime work carried out under Section 93a of the Labour Code," shall be added.
EFFECTIVE
That law shall take effect on the first day of the second calendar month following its publication.
Wolf
Klaus v. r.
v. Chunek v. r.
Contents
Sign in for notes, favorites and notifications
Regulation Information
| Citation | Act No. 294 / 2008 Coll., amending Act No. 262 / 2006 Coll., Labour Code, as amended, and Act No. 251 / 2005 Coll., on Labour Inspection, as amended |
|---|---|
| Regulation Type | Law |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 19.08.2008 |
|---|---|
| Effective from | 01.10.2008 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
Comments 0