Act No. 362 / 2007 Coll.

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

Valid Law Effective from 01.01.2008
362
THE LAW
of 6 December 2007
amending Act No. 262 / 2006 Coll., Labour Code, as amended, and other related laws
Parliament has decided on this law of the Czech Republic:

ČÁST PRVNÍ

Amendment to Act No. 262 / 2006 Coll., as amended
Čl. I
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. and Act No. 296 / 2007 Coll., is amended as follows:
1. in Article 1 (c), including footnote 1:
"(c) it shall incorporate the relevant provisions of the European Community1),
1) Council Directive 91 / 533 / EEC of 14 October 1991 on the obligation of the employer to inform employees of the terms of the contract of employment or employment. Council Directive 98 / 59 / EC of 20 July 1998 on the approximation of the laws of the Member States relating to mass redundancies. Council Directive 99 / 70 / EC of 28 June 1999 on a framework agreement on fixedterm work concluded by UNICE, CEEP and ETUC. Council Directive 97 / 81 / EC of 15 December 1997 on a framework agreement on part-time work concluded by UNICE, CEEP and ETUC. 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. Directive 2002 / 14 / EC of the European Parliament and of the Council of 11 March 2002 establishing a general framework for informing and consulting employees in the European Community. Article 13 of Council Directive 2001 / 86 / EC of 8 October 2001 supplementing the Statute for a European Company with regard to employee involvement. Council Directive 2001 / 23 / EC of 12 March 2001 on the approximation of the laws of the Member States relating to the conservation of workers' rights in the case of transfers of undertakings, establishments or parts of undertakings or establishments. Directive 96 / 71 / EC of the European Parliament and of the Council of 16 December 1996 concerning the posting of workers in the framework of the provision of services. Council Directive 96 / 34 / EC of 3 June 1996 on a framework agreement on parental leave concluded by UNICE, CEEP and ETUC. 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. Council Directive 94 / 33 / EC of 22 June 1994 on the protection of young workers. Council Directive 91 / 383 / EEC of 25 June 1991 supplementing measures to improve the safety and health at work of fixed-term or temporary workers. Council Directive 89 / 391 / EEC of 12 June 1989 on the introduction of measures to encourage improvements in the safety and health of workers at work. Council Directive 89 / 656 / EEC of 30 November 1989 on minimum health and safety requirements for the use of personal protective equipment by workers at work (third individual Directive within the meaning of Article 16 (1) of Directive 89 / 391 / EEC). Council Directive 92 / 85 / EEC of 19 October 1992 on the introduction of measures to encourage improvements in the safety and health at work of pregnant workers and workers who have recently given birth or are breastfeeding (10th individual Directive within the meaning of Article 16 (1) of Directive 89 / 391 / EEC). Council Directive 75 / 117 / EEC of 10 February 1975 on the approximation of the laws of the Member States relating to the application of the principle of equal pay for men and women. Council Directive 76 / 207 / EEC of 9 February 1976 on the implementation of the principle of equal treatment between men and women as regards access to employment, vocational training and promotion and working conditions. Directive 2002 / 73 / EC of the European Parliament and of the Council of 23 September 2002 amending Council Directive 76 / 207 / EEC on the implementation of the principle of equal treatment for men and women as regards access to employment, vocational training and promotion and working conditions. Directive 2006 / 54 / EC of the European Parliament and of the Council of 5 July 2006 on the introduction of the principle of equal opportunities and equal treatment for men and women in the field of employment and occupation. Council Directive 2000 / 43 / EC of 29 June 2000 establishing the principle of equal treatment between persons irrespective of racial or ethnic origin. Council Directive 2000 / 78 / EC of 27 November 2000 establishing a general framework for equal treatment in employment and occupation. Directive 2002 / 15 / EC of the European Parliament and of the Council of 11 March 2002 on the organisation of the working time of persons performing mobile road transport activities. Council Directive 2005 / 47 / EC of 18 July 2005 concerning the Agreement between the Community of European Railways (CER) and the European Transport Workers' Federation (ETF) on certain aspects of the working conditions of mobile workers providing interoperable cross-border rail services. Article 15 of Council Directive 2003 / 72 / EC of 22 July 2003 supplementing the Statute of the European Cooperative Society with regard to employee involvement. '
2. In Article 5 (5), the words "teaching staff (4a)," shall be inserted after the words "research institutions," shall be inserted the words "masters of vessels and crew of seagoing vessels (4b)," and the words "mediation service," shall be replaced by the words "lawyers performing advocacy in employment conditions (4c), assistants of judges (4d)," and the words "staff of the Ombudsman 'shall be replaced by the words" Ombudsman and Ombudsman's representative'.
footnotes 4a to 4d are as follows:
"4a) Act No. 563 / 2004 Coll., on pedagogy workers and on the amendment of certain laws, as amended.
4b) § 68 of Act No. 61 / 2000 Coll., on Maritime Navigation.
4c) § 15a of Act No. 85 / 1996 Coll., on Advocacy, as amended by Act No. 79 / 2006 Coll.
4d) § 36a of Act No. 6 / 2002 Coll., as amended by Act No. 79 / 2006 Coll. '
3. In Article 13 (2) (b), the words "and natural persons seeking employment 'are deleted.
4. In Paragraph 16 (2), the words "special legislation 'are replaced by the words" anti-discrimination law'.
5. Paragraph 16 (3) reads as follows:
"(3) Discrimination shall not be regarded as discrimination if the nature of the work activities implies that such discrimination is an essential requirement for the performance of the work; the purpose pursued by such an exception must be justified and the requirement proportionate. Measures to prevent or compensate for disadvantages arising from the jurisdiction of a natural person to a group defined by one of the grounds set out in the anti-discrimination law shall also not be regarded as discrimination. ';
6. In Article 17, the words "special legislation 'are replaced by the words" anti-discrimination law'.
7. Paragraph 33 (3), including footnotes 13 to 16a, reads as follows:
"(3) The appointment to a leading post shall constitute an employment relationship in cases provided for by special legislation16a); If no specific legislation so provides, the employment relationship shall be based only on the appointment of the manager.
(a) the organisational components of the state7);
(b) the organisational unit of the State;
(c) the organisational department of the state enterprise (13),
(d) the organisation body of the State Fund14),
(e) contribution organisation15),
(f) the organisation body of the contribution organisation,
(g) Organising department in the Police of the Czech Republic16).
13) Act No. 77 / 1997 Coll., on State Enterprise, as amended.
14) For example, Act No. 256 / 2000 Coll., on the State Agricultural Intervention Fund and on the amendment of certain other laws (Act on the State Agricultural Intervention Fund), as amended, Act No. 211 / 2000 Coll., on the State Housing Development Fund and amending Act No. 171 / 1991 Coll., on the jurisdiction of the authorities of the Czech Republic regarding transfers of State property to other persons and on the National Property Fund of the Czech Republic, as amended, Act No. 104 / 2000 Coll., on the State Fund of Transport Infrastructure and amending Act No. 171 / 1991 Coll., on the jurisdiction of the authorities of the Czech Republic regarding transfers of State assets to other persons and on the National Property Fund of the Czech Republic, as amended legislation, as amended.
15) Article 54 of Act No. 219 / 2000 Coll., as amended. Section 27 of Act No. 250 / 2000 Coll., on the budgetary rules of the territorial budgets.
16) Act No. 283 / 1991 Coll., on the Police of the Czech Republic, as amended.
Article 8 (2) (b) of Act No. 10 / 2000, Article 10 (2) (b) of Act No. 8, § 2 (2) (g) and § 103 (3) of Act No. 128 / 2000 Coll., as amended, § 59 (1) (c) and § 61 (3) (b) of Act No. 3 / 2002, as amended, § 7 (4) and § 8 (1) of Law No. 245 / 2006 Coll., on public non-profit institutions and on the amendment of certain laws, § 10 of Decree No. 394 / 1991 Coll.
8. In Article 33, paragraph 4 is added, including footnote 16b:
"(4) The appointment referred to in paragraph 3 shall be made by the person responsible under the special legislature16b); in the event that the appointment is not subject to special legislation, it shall be carried out by the manager
(a) the State Organisation7) the Head of the State's Senior Organisational Branch;
(b) the organisational department of the State's organisational unit leading to that State's organisational unit (7);
(c) the organisation department of the state enterprise, Director of the state enterprise (13);
(d) the organisation body of the State Fund, headed by an individual statutory body, which is the head of the fund (14);
(e) a contributor organisation,
(f) the organisation body responsible for the contribution organisation15) the head of that contribution organisation;
(g) the organisation body in the Police of the Czech Republic16) the police president.
16b) For example § 148 (18) of Act No. 435 / 2004 Coll., on Employment, § 48 of Act No. 251 / 2005 Coll., on Labour Inspection, Article II (17) of Act No. 274 / 2003 Coll., which amends certain laws on the section of public health protection, § 9 (3) of Act No. 256 / 2000 Coll. '
9. In Paragraph 35 (1), the first to third sentences are replaced by the following: "If a probationary period is agreed, it shall not be longer than 3 months in succession from the date of employment (Paragraph 36 (1)). The probationary period may also be negotiated in connection with appointment to the post of Head of Staff (Section 33 (3)). The agreed trial period may not be further extended unless otherwise specified. ';
10.Paragraph 35 (2) reads as follows:
"(2) The probationary period shall be extended by the duration of the obstacles to work for which the staff member does not work during the probationary period. '.
11. In Paragraph 40, at the end of paragraph 1, the following sentence is added: "The appointment to a leading post under Paragraph 33 (3) shall also be regarded as a change of employment, which shall take place after the employment."
12. in § 41 (1) (a), (b), (d) and (f), § 45, § 52 (d) and (e), § 53 (1) (e), § 56 (1) (a), § 94 (2), § 108 (3) (b), § 235 (3) (c), § 245 (2) and § 247 (1) and (3), the word "occupational medicine" shall be replaced by "racing preventive."
13. in Paragraph 41 (1) (d), the words "communicable diseases" are replaced by the words "infectious diseases."
14. in Paragraph 41 (4), the words "natural events" shall be inserted after the words "emergencies."
15. Paragraph 56 (2) is deleted and paragraph 1 is deleted.
16. In Paragraph 58 (1), the words "or the immediate termination of employment 'shall be inserted after the words" to give notice'.
17. In the first sentence of Paragraph 67 (1), the words "and the staff member who immediately terminated the employment contract pursuant to Article 56 shall be inserted after the words" for the same reasons. "
18. In Paragraph 67, at the end of paragraph 1, the sentence "If an employee has been unmarried because, according to a medical opinion issued by a preventive care establishment or by a decision of the competent administrative authority which examines the medical assessment, he may not continue to work for an accident at work or an occupational disease, and the employer shall be completely relieved of his responsibilities under Article 367 (1), the severance allowance provided for in the sentence of the second staff member. '
19. In Article 68 (1), the words "in the employment relationship referred to in the second sentence of Article 3 of the previous employer 'are replaced by the words" in the case of an existing employer in employment or on the basis of an agreement on employment'.
20. in Article 73 (1), the words "competent under specific legislation or, where appropriate, the head of the State's organisational body (7)" shall be replaced by "competent for appointment (§ 33 (4))."
21. In Paragraph 73 (2), the words "If the employer is a legal or natural person other than that referred to in Paragraph 33 (3)" shall be replaced by "If the employer is a legal person other than that referred to in Paragraph 33 (3) or a natural person."
22. In Paragraph 77 (2), the first sentence is replaced by the sentence "The right of a worker operating under an agreement on work to other important personal obstacles at work and leave may be negotiated or, where appropriate, laid down by an internal regulation, under the conditions set out in Sections 199, 206 and Part Nine."
23. in Paragraph 79 (2), the comma shall be replaced by a dot at the end of point (c) and point (d) shall be deleted;
24. The following Section 79a is inserted after Section 79:
„§ 79a
In the case of a staff member under 18 years of age, the period of shift shall not exceed 8 hours per day, and in more than one employment relationship as referred to in the second sentence of Article 3, the length of the weekly working time shall not exceed 40 hours per week in total. ';
25. In Part Four, Title II, the title of Part 2 reads:

„Díl 2

Equal and uneven layout of working time and other adjustment of working time '.
Article 26 (82) reads:
„§ 82
In the event of an even schedule of working hours per week, the shift length shall not exceed 9 hours. ';
27. In Paragraph 84, the present text becomes paragraph 1 and the following paragraph 2 is added:
"(2) If, during the period for which the working time has been allocated, there is a change in the weekly working time schedule, this amendment shall not be made to cover a period of less than 4 weeks consecutive; the employer shall inform the staff member of the change within the time limit referred to in paragraph 1. ';
28. The following Section 84a is inserted after Section 84:
„§ 84a
If other working time arrangements have been agreed, the shift length shall not exceed 12 hours. '
29. In Paragraph 85, paragraphs 1 to 3 are deleted.
Paragraphs 4, 5 and 6 shall become paragraphs 1, 2 and 4 and the following paragraph 3 shall be added:
"(3) When working time is flexible, the average weekly working time shall be filled for a maximum period of four weeks. ';
30. in Paragraph 86 (1), the second sentence is deleted;
Paragraph 88 (2) reads as follows:
"(2) If the break at work was divided into food and rest, at least one part of it must be at least 15 minutes. '
32. in § 90 (2) (c) (5) and § 132, the words "social welfare" are replaced by the words "social services 22a)."
Footnote 22a reads:
"22a) Act No. 108 / 2006 Coll., on Social Services, as amended. '
33. The following Section 90a is inserted after Paragraph 90:
„§ 90a
The rest between the end of one shift and the beginning of the next shift, reduced to the extent provided for in Paragraph 90 (2), may be replaced by workers over 18 years of age in seasonal agricultural work by being provided to them within a period of three weeks following its shortening. '
34. in Paragraph 91 (5), the words "taking the shift" shall be replaced by the words "taking the staff of the shift" and the word "agreements" shall be replaced by "agreements."
35. in Paragraph 92 (4):
"(4) If agreed, continuous rest may be provided in agriculture by providing such rest over a period of
(a) a total of at least 105 hours for 3 weeks;
(b) 6 weeks shall be a total of at least 210 hours in seasonal work. "
36. in Paragraph 97 (1), the third sentence is deleted;
37. in Paragraph 97 (5):
"(5) When applying the working time account, the staff member's work leave shall be granted to the extent strictly necessary, or to the extent of the length of shift allocated by the employer to the relevant day. ';
38. In Paragraph 98 (2), "5 'is replaced by" 3'.
39. in Paragraph 100 (1), the words "crew members of an aircraft" shall be inserted at the beginning of the text of point (e);
40. In Article 100 (1), the words "and staff" shall be inserted after the word "employer."
41. in Paragraph 100 (1), the second sentence, including footnote 30, is deleted;
42. In Article 100 (2), "z 'is replaced by" z';
43. In Paragraph 102 (3), the word "implementing 'is replaced by" specific'.
44. in Articles 102 (6), 103 (1) (d) and 224 (1) (d), the word "occupational medicine" shall be replaced by "racing preventive."
45. in Articles 103 (1) (d) and 106 (4) (b), the word "occupational" shall be replaced by "preventive."
46. in Paragraph 103 (1) (d), the words "health care establishments" are replaced by the words "preventive care establishments."
47. in Paragraph 103 (1) (e), the word 'occupational medicine' is replaced by 'preventive';
48. In Paragraph 107, the words "special law 'are replaced by the words" law on ensuring further conditions of safety and health at work37)'.
footnote 37 is replaced by the following:
"37) Act No. 309 / 2006 Coll., as amended by Act No. 362 / 2007 Coll. '.
49. in Article 108 (2) (c) (4) and (3) (c), the words "special legislation" shall be replaced by the words "Act on the protection of further safety and health conditions at work37)."
50. In Paragraph 108 (4), the words "persons for risk prevention 'are replaced by the words" persons for risk prevention under the Law on the provision of additional conditions of safety and health at work37a)'.
Footnote 37a reads:
"37a) § 9 of Act No. 309 / 2006 Coll. '.
51. In the sixth part of Title I, IV and VII, the word "AGREEMENT 'is replaced by" AGREEMENT'.
52. In the title of § 109, in § 109 (1), in § 145 (2) (a) and in § 348 (2), the word "agreements" is replaced by "agreements."
53. In Paragraph 109 (3), the word "or 'shall be deleted at the end of the text of point (d).
54. in Paragraph 109 (3), the word "or" shall be added at the end of the text of point (e).
55. in Article 109 (3), the following point (f) is inserted after point (e), including footnote 41a:
"(f) public non-profit constitutional health facilities 41a),
41a) Act No. 245 / 2006 Coll., as amended. '.
56. In Paragraph 114, the following paragraph 3 is added:
"(3) For senior employees, the salary may already be agreed taking into account any overtime work, provided that, at the same time, within the limit of overtime in the calendar year provided for in Article 93 (2), the amount of overtime worked is agreed, which has been taken into account. In such a case, the wage achieved and the allowance or the allowance provided for in paragraphs 1 and 2 shall not be paid. ';
57. In Paragraph 116, the words "unless otherwise agreed in a collective agreement 'are deleted and the sentence" Another minimum amount is added at the end and the method for determining the premium can only be negotiated in a collective agreement'.
58. In Paragraph 118, at the end of paragraph 1, the sentence "Another minimum amount and the method for determining the premium may only be negotiated in a collective agreement."
(59) In Article 120 (2) (b), the words "established or designated" and the words "paragraph 4" shall be inserted after the words "agreed";
60. in § 122 (1), "and § 123 (6)" shall be replaced by "§ 123 (6), § 128 (2) and § 129 (2)."
61. In Paragraph 122, the words "unless otherwise provided for in a special law other than 43a 'shall be added at the end of the text of paragraph 1.
Footnote 43a reads:
"43a) For example § 118 (2) of Act No. 90 / 1995 Coll., on Rules of Procedure of the Chamber of Deputies, § 147 (2) of Act No. 107 / 1999 Coll., on Rules of Procedure of the Senate, § 4 (3) of Act No. 114 / 1993 Coll., on the Office of the President of the Republic, as amended by Act No. 281 / 2004 Coll. '
62. In Paragraph 123 (2), the words "generic definition of works' are replaced by the words" type of work negotiated '.
63.In Article 123 (6) (f), the words "for staff in medical establishments" shall be inserted after the words "fitness."
64. In Article 124 (3), the word "Minister 'is replaced by" member of the Government' and the words "Head of the Office for the Protection of Personal Data 'are deleted.
65. In Article 127 (1), the words "and a supplement for working in a difficult working environment 'shall be inserted after the word" supplement'.
66. In Article 129 (2), the words "the conditions for granting a supplement 'shall be inserted after the words" the difficulty of work'.
67.In Paragraph 136 (2):
"(2) In the salary statement, the employer shall provide details of the grade and grade of the staff member and of the level of the fee and of the other monthly salary components provided. The date and place of payment shall be indicated in the payment notice, unless such information is covered by a contract or internal regulation. The employer shall notify the staff member in writing, including an indication of the reasons for the change, at the latest on the date on which the change takes effect. ';
68. Paragraph 139 (1) reads as follows:
"(1) Where the staff member has been transferred to another work for which a reduced salary or salary is due,
(a) on grounds of danger to occupational diseases or where the maximum permissible exposure under special legislation has been achieved at the workplace determined by a decision of the competent public health authority (19) (§ 41 (1) (b));
(b) according to a medical opinion issued by a preventive care plant or a decision of the competent administrative authority in order to protect the health of other natural persons against infectious diseases [Paragraph 41 (1) (d)],
(c) to avert or mitigate the immediate consequences of an incident, occurrence or other imminent accident (§ 41 (4)); or
(d) for downtime or interruption due to adverse weather effects (§ 41 (5)),
For the period of transfer, he shall be entitled to pay or pay up to the average earnings he made before the transfer. ';
69. Paragraph 139 (2) is deleted.
Paragraphs 3 and 4 shall become paragraphs 2 and 3.
70. In Paragraph 140, the words' unless otherwise agreed in a collective agreement 'are deleted.
71. in Article 142 (5), the words "or partner 51a" shall be inserted after the words "spouse."
Footnote 51a reads as follows:
"51a) Act No. 115 / 2006 Coll., on Registered Partnerships and on the amendment of certain related laws, as amended by Act No. 261 / 2007 Coll. '.
72. In Section 145 (2) of the introductory part of the provision, the word "in particular 'is deleted.
73.In Article 149 (1) and (3), the words "paragraph 1" are deleted.
74.In § 149 (2), "§ 147 (1) (d) and (e)" is replaced by "§ 147 (1) (c), (d) and (e)."
75. In Part Seven, in Title II and Title III, the words "THE STATE, THE TERRITORIAL AUTONOMOUS OF TOTAL, THE STATE FUND, THE CONTRIBUTION TO ORGANISATIONS, THE COSTS OF WHICH ON PAYMENTS AND REMUNERATION FOR THE WORKING ENTERTAINMENT SHALL BE FULFILLED BY THE CONTRIBUTION TO THE OPERATIONS GRANTED FROM THE BUDGET OF THE ORIGINATOR OR FROM THE REIMBURSETS REFERRED TO IN SPECIFIC LEGISLATION OR SCHOOL OF THE LAW OF THE SCHOOL 'shall be replaced by the words" ARTICLE 109 (3)'.
76. In Paragraph 170 (3), "at least 6 hours' is replaced by" 6 hours or less'.
77. In Article 170 (5), the word "to 'shall be inserted after the word" or'.
78. In Paragraph 183 (4), "claims' is replaced by" law '.
79. In the first sentence of Paragraph 187, the word "partner51a 'shall be inserted after the word" spouse'.
80. In Section 200, the words "or internal rules' shall be inserted after the word" agreed '.
81. In Section 202, the words "communicable diseases' are replaced by the words" infectious diseases'.
82. At the end of the text § 205, the text "(§ 232) 'is added.
83. In Article 215 (1), the words "or harmful health" shall be deleted.
84. in Article 215 (1) and (2), the words "or harmful health" shall be deleted;
85. in Paragraph 215 (2) (f), the word "other" is replaced by "otherwise."
86. Paragraph 216 (5) reads as follows:
"(5) If the proportion of leave is less than a day, it shall be rounded to half a day; This also applies to the calculation of 12 holidays. '
87. In Section 232, in the introductory part of paragraph 1, the words "at the rate of average earnings' shall be inserted after the words" salary '.
88. in § 232 (1) (c) to (e):
"(c) 5 working days for the preparation and execution of the final examination, senior examination or discharge;
(d) 10 working days for the preparation and defence of graduate work, bachelor's work, thesis, dissertation or written work, which ends in a programme of lifelong learning carried out by a university;

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Regulation Information

CitationAct No. 362 / 2007 Coll., amending Act No. 262 / 2006 Coll., Labour Code, as amended, and other related laws
Regulation TypeLaw
Author-
CollectionCode of Laws
Date of Promulgation28.12.2007
Effective from01.01.2008
Effective until-
Status Valid
The regulation text is for informational purposes only.
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