What is Act No. 365 / 2011 Coll.?

Act No. 365 / 2011 Coll., amending Act No. 262 / 2006 Coll., Labour Code, as amended, and other related laws — Act amending Act No. 262 / 2006 Coll., Labour Code, as amended, and other related laws.

When it became Act No. 365 / 2011 Coll. effectiveness?

Act No. 365 / 2011 Coll. became effective 01.01.2012.

Is Act No. 365 / 2011 Coll. still valid?

Yes, Act No. 365 / 2011 Coll. is still valid and effective.

How many times was it Act No. 365 / 2011 Coll. amended?

Act No. 365 / 2011 Coll. has 3 time versions of the text.

Act No. 365 / 2011 Coll.

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

Valid Law Effective from 01.01.2012

Text versions: 01.01.2012 06.12.2011

ČÁST PRVNÍ Čl. I „§ 1a „§ 2 „§ 4 „§ 4a § 4b „§ 9 „§ 11 „§ 18 „§ 19 § 20 § 21 „§ 22 „§ 27 § 28 § 29 „§ 34a § 34b „§ 35 „§ 39 „§ 43a „§ 51a „§ 57 „§ 60 „§ 67 „§ 73 „§ 73a „§ 80 „§ 83 § 84 „§ 85 „§ 134a „§ 218 „§ 220 „§ 225 „§ 301a „§ 307a „§ 310 „§ 327 „§ 331 „§ 333 „§ 338 „§ 339a „§ 345a „§ 346a § 346b § 346c „§ 350a „§ 363 Čl. II Čl. III Čl. IV ČÁST DRUHÁ Čl. V ČÁST TŘETÍ Čl. VI ČÁST ČTVRTÁ Čl. VII ČÁST PÁTÁ Čl. VIII ČÁST ŠESTÁ Čl. IX Čl. X ČÁST SEDMÁ Čl. XI ČÁST OSMÁ Čl. XII ČÁST DEVÁTÁ Čl. XIII ČÁST DESÁTÁ Čl. XIV ČÁST JEDENÁCTÁ Čl. XV „§ 7a Čl. XVI ČÁST DVANÁCTÁ Čl. XVII „§ 10a Čl. XVIII ČÁST TŘINÁCTÁ Čl. XIX

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365

THE LAW

of 6 November 2011

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 of the Labour Code

Čl. I

Act No. 262 / 2006 Coll., Code of Labour, 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. 294 / 2007 Coll., Act No. 364 / 2008 Coll., Act No. 306 / 2008 Coll., Act No. 427 / 2010 Coll., Act No. 73 / 2011 Coll., Act No. 126 / 2008 Coll., Act No. 200 / 2009 Coll., Act No. 326 / 2009 Coll., Act No. 347 / 2010 Coll., Act No. 427 / 2010 Coll., Act No. 73 / 2011 Coll., Act No. 180 / 2011 Coll., Act No. 35 / 2011 Coll.

1. footnote 1 shall read:

"(1) Council Directive of 14 October 1991 on the obligation of the employer to inform employees of the terms of the contract or employment relationship (91 / 533 / EEC). 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 2004 / 113 / EC of 13 December 2004 establishing the principle of equal treatment between men and women in access to and supply of goods and services. 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 of 25 June 1991 supplementing measures to improve the safety and health at work of fixedterm workers or temporary workers (91 / 383 / EEC). Council Directive of 12 June 1989 on the introduction of measures to encourage improvements in the safety and health of workers at work (89 / 391 / EEC). Council Directive of 30 November 1989 on minimum safety and health 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) (89 / 656 / 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 2010 / 18 / EU of 8 March 2010 implementing the revised Framework Agreement on parental leave concluded by BUSINESSEUROPE, UEAPME, CEEP and EKOS and repealing Directive 96 / 34 / EC. 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 for a European Cooperative Society with regard to employee involvement. Directive 2009 / 38 / EC of the European Parliament and of the Council of 6 May 2009 on the establishment of a European Works Council or a procedure for informing and consulting employees in Community-scale undertakings and Community-scale groups (recast). '

2. In Paragraph 1, the text is replaced by the following:

"(e) regulates certain rights and obligations of employers and employees in compliance with the temporary work scheme of an incapacitated insured person under the sickness insurance Act (107) and certain penalties for infringement.

107) Paragraph 56 (2) (b) of Act No. 187 / 2006 Coll., as amended by Act No. 305 / 2008 Coll. '.

3. After Paragraph 1, the following Section 1a is inserted:

„§ 1a

Basic principles of employment relations

In particular, the following basic principles shall apply in employment relations:

(a) specific legal protection of the status of staff member;

(b) satisfactory and safe working conditions for work;

(d) the proper performance of the employee's work in accordance with the employer's legitimate interests;

(e) equal treatment and non-discrimination of workers. "

„§ 2

(1) Dependent work is the work which is carried out in relation to the superior employer and subordination of the employee, on behalf of the employer, under the instructions of the employer and by the employee himself to the employer.

(2) Dependent work must be carried out for wages, wages or remuneration for work, employer's costs and responsibilities, at the employer's place of work and, where appropriate, at another agreed place. "

5. In Article 3, the word "basic 'is inserted after the words" exclusively in' and the words "under this law 'are deleted.

„§ 4

Labour relations are governed by this law; if it is not possible to apply this law, it shall be governed by the Civil Code, always in accordance with the fundamental principles of employment relations. ';

7. the following Sections 4a and 4b are inserted after Section 4:

„§ 4a

(1) The provisions of the Civil Code on a contract for the benefit of a third party, on the right of detention, on waived withdrawal, on joint commitments and rights, on a contract with an exact duration of performance and on the transfer of the claim shall not apply to employment relations.

(2) A contractual fine may only be agreed if this law so provides.

§ 4b

(1) Rights or obligations in employment relationships may be regulated by way of derogation from this law, unless that law expressly prohibits this, or the nature of its provision implies that it is not possible to derogate from it. It is possible to derogate from the provisions laid down in Paragraph 363 only for the benefit of the staff member.

(2) Pursuant to paragraph 1, derogations may be granted by contract and by internal regulation; However, the staff member's obligations may be adjusted only by contract between the employer and the staff member.

(3) Derogation of the rights in employment relations (§ 307) may not be lower or higher than that provided for by this law or collective agreement as a minimum or maximum permissible, unless otherwise provided in Sections 116, 118 (1) and 122 (2). "

8. in Article 5, paragraphs 4 and 5, including footnotes 4, 4a, 4b, 4c, 4d, 4e, 4f, 4g, 4h and 5, shall be deleted;

9. In Part One of Title II, "THE CONTRACTING PARTIES OF THE ESSENTIAL WORKING LEGAL RELATIONS '.

10. Paragraph 6 (2) is deleted and paragraph 1 is deleted.

11. in Article 7, paragraph 2 is deleted and the designation of paragraph 1 is deleted;

12.

13.

„§ 9

For the Czech Republic (hereinafter referred to as "the State") 6), in employment relations he acts and the rights and obligations of employment relationships are exercised by the organisational component of the State 7), which employs employees on behalf of the State in the basic employment relationship (§ 3).

6) Sections 6 and 7 of Act No. 219 / 2000 Coll., on the assets of the Czech Republic and its presentation in legal relations.

7) Sections 3 and 51 of Act No. 219 / 2000 Coll. '.

14. Paragraph 10 (2) is deleted and paragraph 1 is deleted.

15.

„§ 11

Employers' management staff are employees who are entitled to determine and impose work on the various stages of the employer's management, organise, manage and control their work and give them binding instructions to do so. The Head of Staff shall also be or shall be considered as Head of Staff of the Head of the State. ';

16. In Part One, Title II, Part 3, including the title, is deleted.

17. In Part One, Title III, including the title and footnote 8, is deleted.

18. In Part One of Title IV, "EQUAL TREATMENT AND DISCRIMINATION '.

19. in Paragraph 16 (2), the word "law" is replaced by the word "Law 108)."

Footnote 108 reads:

"108) Act No. 198 / 2009 Coll., on Equal Treatment and Legal Means of Protection against Discrimination and on the Amendment of Certain Laws (Anti-Discrimination Act)."

20. Paragraph 18 reads:

„§ 18

(1) A legal act shall be deemed to be valid despite defects in its content, unless the person affected by such an act permits the invalidity, unless otherwise provided for in Paragraph 19.

(2) Invalidity of legal action for defects in its content cannot be reached by the person who caused it. The annulment of a legal act may not be detrimental to the staff member unless it has caused the annulment itself. ';

21. The heading above Paragraph 19 is deleted.

22.

„§ 19

The Court of First Instance shall also take into account, on its own motion, the invalidity of the act,

(a) which has not been made freely and seriously, certainly and clearly,

(b) which has been created by a person unfit for legal action or by a person acting in a mental disorder who makes him unfit for such action;

(d) which contravenes or circumvents the law and at the same time the basic principles of labour law are not fulfilled;

(e) which is contrary to good manners,

(f) by which the staff member gives up his rights in advance;

(g) to which the prescribed consent of the competent authority has not been given in cases where expressly provided for by this law or special law; If the law requires that a legal act be merely debated with the competent authority, the legal act shall not be invalid even if it has not been dealt with.

§ 20

(1) Where a legal act has not been taken in the form required by the law or agreement of the Contracting Parties, it shall be invalid unless the Contracting Parties subsequently remove the defect.

(2) If the legal act by which the basic employment relationship arises or changes (§ 3) has not been taken in the form required by the law, nullity can only be called if it has not already begun to be fulfilled.

(3) Unilateral legal acts and collective agreements are always invalid for a defect in the form of a legal act.

§ 21

Where damage is caused for the annulment of a legal act, it shall be liable under this law. ';

23. The heading above Paragraph 22 is deleted.

24. § 22 reads:

„§ 22

Only trade unions may conclude a collective agreement for employees. '

25. in Article 23 (1) and (2):

"(1) The collective agreement may provide for wage or salary rights and other rights of employees in employment relationships, as well as the rights or obligations of the parties to this contract.

(2) Collective agreements may be concluded by an employer or by several employers, or by one or more employers' organisations on the one hand and by one or more trade unions on the other. "

26. Paragraph 23 (3) is deleted.

Paragraphs 4 and 5 shall be renumbered paragraphs 3 and 4.

27. in Paragraph 23 (4), the word "participants" shall be replaced by the words "Contracting Parties."

28. In Paragraph 24 (2), the words "the employer is involved in the closure 'are replaced by the words" the employer must be involved in the closure'.

29. in Paragraph 25 (1), the word "participants" shall be replaced by "Contracting Parties."

30. In Paragraph 25 (3), the words "collective agreements' shall be inserted after the words" submit '.

31. in Paragraph 26 (1):

"(1) A collective agreement may be concluded for a specified period or for an indefinite period. If the end of the period according to the first sentence is linked to the fulfilment of the condition, the collective agreement shall include the most recent period of its effectiveness. A collective agreement may be terminated in writing not earlier than six months after the date of its effectiveness. The period of notice shall be at least six months and shall begin on the first day of the month following receipt of the statement to the other Contracting Party. '.

32. In Article 26, the following paragraph 3 is added:

"(3) In the event of the termination of a collective agreement on behalf of a member of staff, the collective agreement shall expire not later than the last day of the following calendar year. ';

33.

„§ 27

(1) An enterprise collective agreement may not regulate the rights of workers' employment relationships to a lesser extent than a collective agreement of a higher degree, otherwise it shall not be valid in this part.

(2) A collective agreement must be concluded in writing and signed by the Contracting Parties on the same instrument.

§ 28

A collective agreement shall be prohibited from replacing a particularly unmodified contract; It shall also be prohibited for a collective agreement to apply the provisions of the Civil Code on disguised legal action, on objectivity, on acceptance, revocation and withdrawal of an application for conclusion of a contract, on the termination of an application for conclusion of a contract, on the timely and late acceptance of the application for conclusion of a contract, on the time of conclusion of the contract and on the withdrawal of the contract.

§ 29

The parties to the collective agreement shall be obliged to inform the staff members of the content of the collective agreement no later than 15 days after its conclusion. The employer shall ensure that the collective agreement is accessible to all its employees. ';

34. In Paragraph 33 (2), the words "the association of citizens under the special legislature109 'shall be inserted after the words" or statutes'.

Footnote 109 reads:

"109) Act No. 83 / 1990 Coll., as amended. '

35. in Article 34 (2) to (4):

"(2) A contract of employment may be withdrawn only until the staff member has taken up work.

(3) If an employee has not entered into work on the agreed day, without being prevented from doing so, or if the employer has not heard of it within a week (§ 350a), the employer may withdraw from the employment contract.

(4) The contract must be concluded in writing; the same applies to the amendment and withdrawal of the contract. ';

36. In Paragraph 34, the following paragraph 5 is added:

"(5) Each Contracting Party must obtain a copy of the contract of employment."

37. The following Sections 34a and 34b are inserted after Section 34:

„§ 34a

If the employment contract does not provide a regular place of work for the purposes of travel compensation, the regular place of work is the place of work agreed in the employment contract. However, if the place of work is negotiated more widely than one municipality, the municipality in which the staff member's travel for the purpose of carrying out the work usually starts shall be considered as a regular place of work. A regular place of work for the purposes of travel compensation shall not be negotiated more widely than one municipality.

§ 34b

(1) Employees in employment must be allocated work to the extent specified in the weekly working time, except for the working time account (Sections 86 and 87).

(2) An employee in another basic employment relationship with the same employer may not perform work which is equally generic. In the case of an employer, which is a State, the first sentence shall apply only if the work is carried out in the same organisational component of the State. '

38. Paragraph 35, including the title, reads:

„§ 35

Test period

(1) If a trial period is agreed, it shall not be longer than:

(a) 3 months in succession from the date of employment (Paragraph 36);

(b) 6 months in succession from the date of employment (Paragraph 36) to the head of staff.

(2) The probationary period may also be negotiated in connection with the appointment to a leading post (§ 33 (3)).

(3) The probationary period may be negotiated at the latest on the day agreed as the day of taking up work or on the day indicated as the day of appointment for the post of Head of Staff.

(4) The agreed trial period must not be further extended. However, the probationary period shall be extended for the period of the entire day of work for which the staff member does not work during the probationary period.

(5) The examination period shall not be longer than half the agreed duration of the contract.

(6) The trial period must be agreed in writing. '

39. in Paragraph 36 (1), "or, where appropriate," is replaced by "or."

40. Paragraph 36 (2) is deleted and paragraph 1 is deleted.

41. in Article 37 (1) (g) and Article 76 (5), the word "participants" shall be replaced by the words "Contracting Parties."

42. Paragraph 39, including the title and footnotes 17 and 18, reads as follows:

„§ 39

Fixed-term employment

(1) The employment relationship lasts for an indefinite period, unless the duration of the contract has been explicitly agreed.

(2) The duration of a fixed-term employment relationship between the same Contracting Parties may not exceed 3 years and may be repeated more than twice from the date of the first fixed-term employment relationship. An extension shall also be deemed to be a repetition of a fixedterm employment relationship. Where a period of 3 years has elapsed since the end of the previous fixedterm employment relationship, the previous fixedterm employment relationship between the same Contracting Parties shall not be taken into account.

(3) The provisions of paragraph 2 shall be without prejudice to the procedure provided for in specific legislation, where the employment relationship is assumed to last only for a specified period of up to 17).

(4) If the employer has negotiated with the employee the duration of the fixedterm employment in breach of paragraph 2 and the staff member has notified the employer in writing, before the end of the period agreed, that he insists on continuing to employ him, that this is an indefinite period of employment. An application to determine whether the conditions referred to in paragraph 2 have been met may be filed by the employer and the staff member in court no later than 2 months after the date on which the employment was due to end by the end of the agreed period.

(5) The provisions of paragraph 2 shall not apply to a fixed-term contract between the Agency and an employee for the purpose of carrying out work with another employer (Sections 307a, 308 and 309).

17) Article 92 (2) of Act No. 435 / 2004 Coll., as amended by Act No. 347 / 2010 Coll.

18) § 66 of Act No. 435 / 2004 Coll. '.

43.In Paragraph 40 (1), the second sentence is deleted.

44. in Sections 41 (1) (a) and (b), 52 (d) and (e), 56 (1) (a) and 235 (3) (c), the words "competent administrative authority" are replaced by the words "competent administrative authority";

45. in Articles 41 (1) (d) and 139 (1) (b), the words "administrative office" are replaced by the words "public health authority."

46. The following Section 43a is inserted after Section 43, including the title and footnote 110:

„§ 43a

Temporary secondment

(1) An agreement on the temporary secondment of a staff member to another employer may be concluded by the employer with that staff member not earlier than six months after the date of employment.

(2) No remuneration may be paid for the temporary secondment of a staff member to another employer; This shall not apply in respect of the reimbursement of costs incurred pursuant to paragraph 5.

(3) The agreement shall indicate the name of the employer, if he is a legal person, or the name or, where applicable, the employer's name and surname, if the natural person to whom the staff member is seconded is the date on which the secondment is made, the type and place of work and the duration of the secondment. The agreement may provide for regular workplaces for the purposes of travel compensation; Paragraph 34a is not affected. The agreement shall be concluded in writing.

(4) During the period of secondment to another employer, the staff member shall, on behalf of the employer who has temporarily assigned the staff member, organise, manage and control the staff member's work, give binding instructions to that effect, create favourable working conditions and ensure the safety and health at work of the employer to whom the staff member has been seconded. The employer may not act on behalf of the employer who temporarily assigns the staff member against a member of temporary staff.

(5) For the duration of the secondment, the staff member shall be paid a salary or a salary and, where appropriate, travel allowances by the employer who seconded the staff member.

(6) The terms and conditions of a staff member temporarily assigned to another employer must not be worse than those of a comparable employer's staff member to whom the staff member is seconded.

(7) The temporary secondment referred to in paragraphs 1 to 5 shall end with the expiry of the period for which it has been agreed. Before the expiry of that period, the temporary secondment shall end by agreement of the Contracting Parties to the contract of employment or by denunciation of the temporary secondment agreement for any reason or without giving a 15-day notice period commencing on the date on which the notice was served on the other Contracting Party. The agreement terminating the secondment or termination of this agreement shall be in writing.

(8) The adjustment to the secondment shall be prohibited for agency employment.

(9) The arrangements for the temporary allocation are not applicable in cases of deepening or increasing qualifications (110).

110) For example § 24 (2) of Act No. 563 / 2004 Coll., § 22 of Act No. 95 / 2004 Coll., § 51 and 54 of Act No. 96 / 2004 Coll. '

47. In Paragraph 44, the word "classify 'is replaced by" be obliged to include'.

48. In the first sentence of Paragraph 45, the words "it will allow it 'shall be replaced by the words" it is obliged to allow it' and the second sentence shall be replaced by the words "The work and work to which it transfers the staff member must be appropriate for the staff member '.

49. In Paragraph 47, the words "to be classified by an employer 'are replaced by the words" to be classified by an employer'.

50. in Article 49 (2) and (3):

"(2) The employment agreement must be written.

(3) Each Contracting Party must obtain a copy of the contract of employment. "

51. Paragraph 50 (1) reads:

"(1) The termination of employment must be in writing."

52. In Paragraph 50 (4), the words "otherwise the statement is invalid 'are deleted.

53.Paragraph 50 (5) reads as follows:

"(5) The denunciation may be withdrawn only with the consent of the other Party; the revocation of the statement and the consent to its revocation shall be in writing. ';

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Regulation Information

Citation	Act No. 365 / 2011 Coll., amending Act No. 262 / 2006 Coll., Labour Code, as amended, and other related laws
Regulation Type	Law
Author	-
Collection	Code of Laws

Date of Promulgation	06.12.2011
Effective from	01.01.2012
Effective until	-
Status	Valid

Legal Areas: Health and safety at work Social security benefits Collective negotiations Wages, salaries, wages, compensation Compensation for damages under labour law Compensation in labour law Civil law Civil law substantive Labour relations Working time Employment. Service relationship Labour law Employment contract Social security law Education, Education, Education Social security management Administrative offences Administrative law State (official) control Constitutional (state) law Territorial Authority Old age insurance, Old age pension Diseases, Sickness benefits Unemployment security Eligibility for the pursuit of certain professions (activities)

The regulation text is for informational purposes only.