Act No. 408 / 2023 Coll.
Act amending Act No. 435 / 2004 Coll., on Employment, as amended, and other related laws
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Effective from 01.01.2024
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408
THE LAW
of 29 November 2023
amending Act No. 435 / 2004 Coll., on Employment, as amended, and other related laws
Parliament has decided on this law of the Czech Republic:
Amendment to the Employment Act
Act No. 100 / 2011, Act No. 100 / 2011, Act No. 100 / 2011, Act No. 100 / 2011, Act No. 100 / 2011, Act No. 100 / 2011, Act No. 100 / 2011, Act No. 100 / 2011, Act No. 100 / 2011, Act No. 100 / 2011, Act No. 100 / 2011, Act No. 100 / 2011, Act No. 100 / 2011, Act No. 100 / 2011, Act No. 100 / 2011, Act No. 100 / 2011, Act No. 100 / 2011, Act No. 100 / 2011, Act No. 100 / 2011, Act No. 100 / 2011, Act No. 100 / 2011, Act No. 100 / 2011, Act No. 100 / 2011, Act No. 100 / 2011, Act No. 100 / 2011, Act No. 100 / 2011, Act No. 2011, Act No. 100, Act No. 2011, Act No. 100 / 2011, Act No. 2011, Act No. 2011, Act No. 2011, Act No. 100, Act No. 2011, Act No. 2011 / 2011, Act No. 2011 / 2011, Act No. 2011, Act No. 2011, Act No. 2011, Act No. 2011, Act No. 2011, Act No. 2011 / 2011, Act No. 2011, Act No. 2011, Act No. 2011, Act No. 2011, Act No. 2011, Act No. 2011,
1. in § 3 (1) (c) of the introductory part, after the semicolon and in § 5a, the words "and 3" are replaced by the words "and 2."
2. in Article 5 (e):
"(e) illegal work which has the characteristics of dependent work under Section 2 (1) of the Labour Code and is carried out
1. a natural person outside the employment relationship; This does not apply if other legislation allows the performance of this work outside the employment relationship;
2. by a stranger in contravention of, or without, a permit issued for employment, if required under this Act, or in breach of, an employee card, an internal transfer card or a blue card issued pursuant to the Act on the residence of foreigners in the Czech Republic or without one of these cards; This does not apply in the case of the performance of other work under Paragraph 41 (1) (c) of the Labour Code; or
3. a stranger for a legal or natural person without a valid residence permit in the Czech Republic, if required under the Act on the residence of foreigners in the Czech Republic.
The length of the work is not relevant to assess whether it is illegal work. '
footnotes 81 and 82 are deleted.
3. in Article 6 (1) (i), the words "employment agencies" shall be deleted;
4. in Article 6 (1), the following point (j) is inserted after point (i):
"(j) issue and withdraw authorisations for persons to arrange for employment and keep a register of employment agencies as provided for in Paragraph 14;"
Points (j) and (k) shall be renumbered as points (k) and (l).
5. In Article 6, at the end of paragraph 1, the dot is replaced by a comma and the following point (m) is added:
"(m) provide to the Ministry of the Interior:
1. an overview of changes in data in employment mediation permits issued;
2. an overview of the fines imposed on legal or natural persons who have been authorised to arrange for employment for infringement of the obligations arising from labour law pursuant to § 126 (2) or other legislation78).
78) Article 3 of Act No. 251 / 2005 Coll., on Labour Inspection, as amended. '
6. In Article 6 (2), the words "together with the register referred to in paragraph 1 (j) 'shall be inserted after the words" the Labour Office and'.
7. in Article 8, points (g) and (l) are deleted;
Points (h) to (k) shall be renumbered as points (g) to (j).
8. in Paragraph 14 (4), the words "the Labour Office 'are replaced by the words" the Ministry';
9. In Article 14 (4), in the part of the sentence behind the semicolon, the words "to 4 'are replaced by the words" and 3 and according to § 101a'.
10. in Articles 30 (1) (e) and 139 (1) (c), the word "exercise" shall be replaced by the word "act."
11. in Article 37, the words "and information" shall be replaced by the words "information," and the words "disabled" shall be replaced by the words "and the relevant code relating to the type of work in the notified vacancy, according to the employment classification (CZ- ISCO) groups published by the Czech Statistical Offices 110."
12. In Paragraph 37, the present text becomes paragraph 1 and the following paragraphs 2 and 3 are added:
"(2) The Regional Branch of the Labour Office shall exclude a vacancy from the vacancy record after 6 months from the date of its notification by the employer. This does not apply to a post for which an application for an employee card or a blue card or a permit to work for a stranger is pending the completion of the administrative procedure.
(3) The Regional Branch of the Office of Labour will exclude from the vacancy record the vacancy provided that the employer does not provide the Regional Office of the Labour Office with synergies to fill the vacancy notice. "
13. in Paragraph 37a (2), "which has not been filled within 30 days of its notification" shall be replaced by "notified."
14. in Article 37a, paragraph 4 is deleted;
Paragraphs 5 to 8 shall be renumbered paragraphs 4 to 7.
15. in Article 37a (4), the words "or the central register of vacancies for holders of a card" shall be inserted after the words "blue cards" and the words "2" shall be inserted after the word "paragraph."
16. in Article 37a (7), the words "through the Regional Branch of the Labour Office" shall be inserted after the word "Ministry."
17. in Article 37a (7), the words', disguised employment mediation or the possibility of carrying out disguised employment mediation 'shall be added at the end of the text in point (a);
18. in Article 37a (7), the word "or" shall be deleted at the end of point (c) and the dot shall be replaced by "or" and the following point (e) shall be added:
"(e) As a controlled person, a fine of more than CZK 50,000 was imposed by the State Office of Labour Inspection or Regional Inspectorate of Labour during the last 4 months for failure to cooperate during the inspection."
19. In the third sentence of Article 38, the words "or after 'are replaced by the words", after' and after the words "Labour Inspectorate ', the words" or for failure to cooperate in the control' shall be inserted.
20. In Paragraph 59 (2) of the Introductory Part of the provision, the words "the Directorate-General of the Labour Office in particular 'are replaced by the words" the Ministry' and the colon is added at the end of the text.
21. In Article 59, at the end of paragraph 2, the dot is replaced by a comma and the following points (d) and (e) are added:
"(d) identification of the user to whom the Agency's staff have been seconded on a temporary basis;
e) Number of employees by employment classification group (CZ- ISCO) published by the Czech Statistical Offices 110) allocated to each user.
110) Communication from the Czech Statistical Office No. 206 / 2010 Coll., on the introduction of the Classification of Employment (CZ- ISCO), as amended. '
22. In Paragraph 59, the following paragraph 3 is added:
"(3) The Ministry shall publish on its website the generalized information provided under paragraph 2 (a) to (c) and (e).";
23. in § 60 (1) and (5), in § 60a (1) second sentence, in § 60b (3) second sentence and in § 61 (6) fourth sentence, the words "Directorate-General of the Labour Office" are replaced by the words "Ministry."
24. in Article 60 (2), (3) and (10), in Article 60a (1) to (3), in Article 60b (2) and in Article 63 (2) (a), the word "award" shall be replaced by "issue."
25. in Paragraph 60 (2), "63 (2) (a) to (e), (3) or (4) of Section 63" shall be replaced by "§ 63 (2) (a) to (e) or (g) or by" § 63 (3) or (4). "
26. In Paragraph 60, the following sentence is added at the end of paragraph 8: "The professional practice referred to in the first sentence shall mean the continuous personal exercise of an activity in the field of employment mediation or in the field for which employment mediation is to be authorised by a natural person within a range of at least 20 hours per week. The natural person shall be required to obtain professional experience within the 10 years immediately prior to the application for authorisation for employment mediation. ';
27. In Paragraph 60 (10), at the end of the first sentence, the words "and compliance with the conditions laid down in paragraph 2, except for professional competence, and paragraphs 4 to 6 shall be added to the natural person who is a member of its statutory body or a representative of a legal person in that body; the condition of integrity referred to in paragraph 4 must also be fulfilled by a legal person who is a member of a statutory or other body of a legal person '.
28. In the first sentence of Paragraph 60 (11), the words "Authorised Labour Office 'are replaced by" Authorised Ministry'.
29. in the second sentence of Article 60 (11), in the last sentence of Article 60 (13) and in Article 65, the words "Labour Office" are replaced by the words "Ministry."
30. in Paragraph 60 (12), the words "at the Directorate-General of the Labour Office" shall be replaced by the words "Ministry."
31. in Paragraph 60 (13):
"(13) The condition for the issue of an authorisation to arrange employment is that the requesting person, the responsible representative of the requesting legal person, the person who is a member of the statutory body of the requesting legal person, or the representative of a legal person in that statutory body, has not been fined for an offence in the last 3 years, which would constitute a reason for withdrawing the authorisation to arrange employment under Paragraph 63 (2) (c). The condition laid down in the first sentence shall also apply to the responsible representative, the person who is a member of the statutory body of the requesting legal person, or the representative of the legal person in that statutory body, if they were the responsible representative, the member of the statutory authority or the representative of the legal person in the statutory body of another legal person at the time when such an offence was committed by that legal person. ';
32. In Paragraph 60, paragraphs 14 and 15 are added:
"(14) A condition for the issue of an authorisation to arrange for employment is the impartiality of the applicant, already at the time of the application. The person who has been authorised to arrange for employment must be free from charge throughout the period of validity of the employment authorisation. The Ministry shall verify the integrity, and shall do so at least once every 6 months during the period of validity of the permit for employment mediation.
(15) A person who does not have a arrears registered shall be deemed to be free of charge for the purpose of mediation by the employment agencies, except in the case of an underpayment for which the delay of his payment or the distribution of his remuneration is permitted,
(a) the authorities of the Financial Administration of the Czech Republic,
(b) the customs authorities of the Czech Republic,
(c) insurance premiums and periodic penalty payments for general health insurance;
(d) insurance premiums and social security periodic penalty payments and contributions to national employment policy. "
33. in § 60a (1), first sentence, § 60b (2) and in § 63 (1) (d), the words "Directorate-General of the Labour Office" are replaced by the words "Ministry."
34. in the second sentence of Article 60a (1) and in the first sentence of Article 60a (2), the words "or, where appropriate, the representatives responsible," shall be deleted.
35. In Paragraph 60a, the sentence "The Ministry shall inform the Ministry of the Interior without undue delay of changes to the information contained in the application for a binding opinion and shall at the same time provide it with any information which may affect the assessment of a person in terms of public policy, security and respect for the rights of third parties. '.
36. In Paragraph 60a, the sentence "The registered office of the applicant and premises referred to in § 61 (2) (c) and Article 61 (4) (c) shall be added at the end of paragraph 2, and, throughout the period of validity, shall be visibly marked on his or her behalf and the identification number of the person, if assigned to him or her, and if he or she is an entrepreneur registered in a commercial register, by a commercial firm. '.
37. In the first sentence of Paragraph 60a (3), the words "to the Directorate-General of the Labour Office 'are replaced by" to the Ministry'.
38. In the second sentence of Paragraph 60a (3), the word "grant 'is replaced by" issue'.
39. In Paragraph 60b (1), the amount "500 000 CZK" is replaced by "1 000 000 CZK" and at the end of the paragraph, the sentence "The provision of bail is a condition for the issue of a permit for employment mediation and for the performance of employment mediation under Section 14 (1) (b) by the applicant."
40. in Article 60b (2), the word 'always' shall be inserted after the word 'always' and the word 'others' shall be inserted after the word 'all';
41. In Paragraph 61, at the end of paragraph 2, the dot is replaced by a comma and the following point (d) is added:
"(d) proof of employment with the agent responsible, if not a member of the statutory body, where such employment is incurred at the latest by the date of legal authority in respect of the decision to issue an authorisation to engage in employment, with working hours agreed at least 20 hours a week."
42. In the second sentence of Paragraph 61 (6), "Labour Office 'is replaced by" Ministry'.
43. In the second sentence of Article 62 (3), the words "and 1 month at the latest 'shall be inserted after the words" 3 months'.
44. in Article 63 (2), (3), (4) and (6), the words "Directorate-General for Labour" shall be replaced by "Ministry."
45. in Paragraph 63 (2) (c):
"(c) a legal person or a natural person
1. Intermediates employment in contravention of employment authorisation,
2. allow illegal work to be carried out;
3. Intermediate employment in a blurred manner or provide employment in a disguised manner;
4. infringes or does not ensure equal treatment under this law; or
5. repeatedly does not provide the labour inspection authorities with cooperation in the inspection, '.
46. In Article 63 (3), the words "a legal or natural person infringes the obligation imposed on employment agencies by § 307b, 308 or § 309 (2), (3), (5) and (6) 'are replaced by the words" a person mediates employment contrary to good manners or violates another obligation under this law or an obligation under § 307b, 308 or § 309 (2), (3), (5) or (6)'.
47. in Paragraph 63 (5):
"(5) Where an authorisation for employment mediation has been withdrawn for the reasons referred to in points (a) to (e) or (g) of paragraph 2, paragraphs 3 or 4, a person may be granted an authorisation for employment mediation not earlier than 3 years from the date of the legal power of the decision to withdraw an authorisation for employment mediation. Withdrawal of an authorisation to arrange employment initiated at the request of the person to whom the authorisation has been issued shall not be decided before the procedure for the withdrawal of the authorisation has been completed ex officio. ';
48. The title of Part Four shall read:
"EMPLOYMENT OF STAFF EMPLOYERS FROM THE FOREIGN AND OBLIGATIONS OF EMPLOYERS FROM OTHER MEMBER STATE OF THE EUROPEAN UNION EMPLOYMENT EMPLOYMENT FOR WORK IN THE NATIONALITY OF SERVICES IN THE TERRITORY OF THE CZECH REPUBLIC '.
49. in Article 87 (1), first sentence and Article 88 (1), the word "in writing" shall be deleted;
50. Paragraph 87 (2) is deleted.
Paragraphs 3 and 4 shall become paragraphs 2 and 3.
51. in Paragraph 87 (2), the words "Written information" shall be replaced by "Information."
52. In Article 87 (2), the words "and paragraph 2, first sentence 'and the words" or 3' are deleted.
53. In Paragraph 87 (3), the words "and paragraph 2, first sentence" shall be deleted.
54. In Paragraph 87, the following paragraph 4 is added:
"(4) The information referred to in paragraph 1 and the information referred to in paragraph 3 relating to the persons referred to in paragraph 1 shall be delivered by the employer only by remote access by a data message to a data box designated by the Office of Labour or the use of an information system in accordance with the communication specification and in a format, with the content and structure specified by the Ministry. The Ministry shall establish by decree the specification of the communication between the Labour Office and the employer and the format, content and structure of the data report. If the information does not meet these conditions, it shall not be taken into account. ';
55. In Paragraph 88, the following paragraph 3 is added:
"(3) The information referred to in paragraphs 1 and 2 shall be delivered by the employer only by remote access by means of a data message to a data box designated by the Office of Labour or the use of an information system in accordance with the communication specification and in a format, with the content and structure set out in accordance with Paragraph 87 (4). If the information does not meet these conditions, it shall not be taken into account. ';
56. In Paragraph 94 (1), "6 'is replaced by" 9'.
57. In Paragraph 98, at the end of (s), the word "or 'is deleted and at the end of the paragraph the dot is replaced by" or' and the following point (u) is added:
"(u) who is a citizen of a State listed in a Member State whose citizens are not required to have a job or work permit, an employee card, an employee transfer card or a blue card; the list of those States may be established by the Government by regulation, after consultation of the Council of Economic and Social Agreements and taking into account the current labour market situation. ';
58. In Article 99, the words ", disguised employment mediation or the possibility of a disguised employment 'shall be added at the end of the text in point (d).
(59) In Paragraph 99, the word "or" shall be deleted at the end of point (e) and the following point (f) shall be inserted after point (e):
"(f) whose employer, as a controlled person, has been fined by the State Office of Labour Inspection or Regional Labour Inspectorate in the last 4 months by a fine of more than CZK 50,000 for failure to cooperate in the inspection, or"
Point (f) shall be renumbered as point (g).
60. In Part Four, the following Title III is inserted after Title II, including the title and footnote 107:
OBLIGATIONS OF EMPLOYERS FROM ANOTHER MEMBER STATE OF THE EUROPEAN UNION EMPLOYMENT EMPLOYMENT FOR THE PERFORMANCE OF WORK IN THE CONNECTION OF NATIONAL SERVICES IN THE TERRITORY OF THE CZECH REPUBLIC
(1) If an employee seconded by an employer established in another Member State of the European Union has entered the territory of the Czech Republic in the framework of the transnational provision of services (18), that employer shall, at the latest on the day on which the seconded staff member takes up work, notify the Office of the inspection of work through the information system, as specified, in the format and structure published by that Office.
(2) The State Labour Inspection Office shall keep a record for the purposes of carrying out the obligation referred to in paragraph 1.
(3) In the notification referred to in paragraph 1, the employer shall indicate:
(a) their identification data;
(b) the Member State in which it is established;
(c) the address of the employer's registered office;
(d) their tax identification number and, if not allocated, the employer's registration number in the Member State of establishment;
(e) the name and surname of the seconded staff member;
(f) the date of birth of the seconded staff member;
(g) the identity card number of the seconded staff member;
(h) the nationality of the seconded staff member;
(i) indication whether the employer has sent his staff member
1. to a legal or natural person under contract with that legal or natural person for the purpose of carrying out work on the territory of the Czech Republic for the performance of the tasks arising from this Treaty,
2. as a trading corporation located in the territory of the Member States of the European Union from this trading corporation to a fissile plant located in the territory of the Czech Republic to which the fissile plant belongs, or as a trading corporation based in the territory of the Czech Republic, which is controlled or controlled by the same controlling person against a trading corporation established in the territory of the Czech Republic), or both are controlled by the same trading corporation;
3. as a labour agency, it has temporarily assigned its staff member to a user having its registered office or operating in the territory of a Member State of the European Union on the basis of an arrangement in a contract of employment or an agreement on work,
(j) the date on which the secondment began,
(k) the date of the expected termination of the secondment;
(l) the fact that the period of service in the Czech Republic exceeds 12 months, including the justification; for the purposes of assessing this time limit, in the case of replacement of a staff member referred to in paragraph 1 by another staff seconded to work in the course of the same task (107), at the same place of work, the individual period of secondment shall be added up;
(m) the nature of the service provided or the classification of the economic activity;
(n) details of the recipient of the service,
1. name of the recipient of the service;
2. an indication of whether he is a legal or natural person;
3. the address of the consignee's registered office or residence;
4. the tax identification number and, if not assigned, the identification number;
5. the address of the employee seconded, if different from the address of the recipient's registered office.
(4) The employer shall notify the change of the information referred to in paragraph 2 not later than 10 calendar days after the date on which the change occurred or when it became aware of it. The employer shall also notify the termination of the secondment of the staff member to the Czech Republic no later than 10 calendar days; The employer does not have this obligation if the posting on the territory of the Czech Republic of this employee ends on the day originally notified by the employer. Such notifications shall be made by the employer in accordance with paragraph 1.
(5) To be notified, the employer shall submit a copy of the documents proving the existence of the employment relationship of the posted staff member and, if in a language other than Czech or Slovak, a translation of the document into the Czech language. The employer is responsible for the accuracy of the translation of the contract into the Czech language.
107) § 319a (3) of the Labour Code. '
Titles III and IV shall be renumbered Titles IV and V.
61. The second sentence of Paragraph 102 (2) reads: "The record contains:
(a) identification of aliens;
(b) the address in the country of residence and the address for delivery of consignments;
(c) the travel document number and the name of the issuing authority;
(d) the type of work, the place of work and the period during which employment should be carried out;
(e) the sex of such persons,
(f) classification under the sectoral classification of economic activities;
(g) the highest education achieved;
(h) the training required for the pursuit of the profession;
(i) the period for which the employment permit, employee card, intra-corporate transfer card or blue card has been issued and for which they have been authorised to stay; and
(j) the date of embarkation and the date of termination of the work or secondment of a stranger to the Czech Republic. "
62. Paragraph 102 (3) is deleted.
Paragraphs 4 and 5 shall be renumbered paragraphs 3 and 4.
63.In Articles 118 (5) and 119 (2) (h), the words "under Article 5 (e) (3)" shall be replaced by the words "for disguised mediation of employment or for enabling the exercise of disguised mediation."
64. In Article 136 (2), the word "Republic 'is replaced by the words" Republic pursuant to Article 95 (1)';
65.In Article 139 (1) (e):
"(e) fails to comply with the notification requirement of Paragraph 87 or 88 or does not keep records under this Act;"
66. In Paragraph 139, the following paragraph 4 is added:
"(4) A prohibition of action may be imposed for the offence referred to in paragraph 1 (d), (f) or (h) for a maximum period of two years. ';
67. In Article 140, the following paragraph 5 is added:
"(5) An activity ban may be imposed for the offence referred to in paragraph 1 (c), (e) or (f) for a maximum period of two years. ';
68. In Section 141a, "point 3 'is replaced by" points 1, 2 or 3';
69. in § 141a, "§ 139 (1) (f) or § 140 (1) (e)" is replaced by "§ 139 (1) (d), (f) or (h) or under § 140 (1) (c), (e) or (f)";
70.In Article 141a (2), "90 days" is replaced by "1 year."
71.In Article 141a, paragraphs 3 and 4 are added:
"(3) Where there is more than one guarantor under paragraph 2, each of them shall be liable for the full amount of the fine.
(4) The proceedings referred to in paragraph 2 shall be subject to an assessment of the existence of a guarantee. Whether an offence has been committed for which a fine has been imposed, the payment of which is intended to ensure that the guarantee cannot be assessed. '
72. in the second sentence of Article 141b (2), the word "performing" shall be replaced by the word "acting."
73.In Section 142, the words "(a) to (e) 'are replaced by the words" (a) to (e), (g) or (3) or (4) of Section 63';
74. In the first sentence of Paragraph 147 (2), the words "members and professional soldiers' shall be replaced by the words" soldiers in active duty and members'.
75. In Section 147, at the end of paragraph 2, the words "and for mountain service 'shall be added.
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Regulation Information
| Citation | Act No. 408 / 2023 Coll., amending Act No. 435 / 2004 Coll., on Employment, as amended, and other related laws |
|---|---|
| Regulation Type | Law |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 27.12.2023 |
|---|---|
| Effective from | 01.01.2024 |
| Effective until | - |
| Status | Valid |
Parliamentary Paper:
Paper No. 450
Public Contracts 1
S2025/11567/00 Smlouva o dílo na stavební práce - Modernizace hlavního přepojovače
ČESKÝ ROZHLAS
Marksimon s.r.o.
9 540 238 CZK
26.01.2026
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