Act No. 413 / 2023 Coll.
Act amending Act No. 262 / 2006 Coll., Labour Code, as amended, and Act No. 281 / 2023 Coll., amending Act No. 262 / 2006 Coll., Labour Code, as amended, and some other laws
Valid
Law
Effective from 28.12.2023
413
THE LAW
of 14 December 2023
amending Act No. 262 / 2006 Coll., Labour Code, as amended, and Act No. 281 / 2023 Coll., amending Act No. 262 / 2006 Coll., Labour Code, as amended, and certain other laws
Parliament has decided on this law of the Czech Republic:
Amendment of the Labour Code
Act No. 21 / 2011, Act No. 21 / 2011, Act No. 21 / 2011, Act No. 21 / 2011, Act No. 20 / 2011, Act No. 21 / 2011, Act No. 21 / 2011, Act No. 20 / 2011, Act No. 20 / 2011, Act No. 20 / 2011, Act No. 20 / 2011, Act No. 20 / 2011, Act No. 20 / 2011, Act No. 20 / 2011, Act No. 20 / 2011, Act No. 20 / 2011, Act No. 20 / 2011, Act No. 20 / 2009, Act No. 20 / 2009 Coll.
1. After Paragraph 83, the following Section 83a is inserted:
(1) Only if it has been agreed in a collective agreement or provided for in an internal regulation with an employer with whom the trade union organisation is not operating, the length of the working hours of the staff member in continuous service associated with the provision of health services by a bed care provider or a health rescue service provider, carried out by a doctor, dental practitioner, pharmaceuticals (120) or a medical worker of a non-medical health profession (121) (hereinafter referred to as the "health worker ') may be up to 24 hours in a row within 26 hours.
(2) In order to apply the procedure referred to in paragraph 1, the employer is also obliged to conclude a written agreement with the health worker which:
(a) shall not be negotiated for a period exceeding 52 weeks consecutive;
(b) may be immediately cancelled, even without giving reasons, within a period of 12 weeks of the negotiation; the immediate cancellation must be made in writing and served on the other participant,
(c) may be denounced for any reason or without stating the 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.
(3) A health worker who does not agree with the performance of the work referred to in paragraph 1 must not be forced to negotiate the agreement referred to in paragraph 2 or be subjected to any damage.
(4) The employer shall notify the competent authority of the work inspection in writing of the application of paragraph 1.
(5) The employer shall keep an up-to-date list of all health workers with whom the agreement referred to in paragraph 2 is agreed.
120) Act No. 95 / 2004 Coll., as amended.
121) Act No. 96 / 2004 Coll., as amended. '
2. The following Section 90b is inserted after Section 90a:
If, as a result of the duration of the working time resulting from the application of Section 83a, health workers are not given even a short continuous daily rest as provided for in Section 90 (2), the employer shall be obliged to provide him with a continuous daily rest immediately after the end of the working period, which shall consist of an unprovided continuous daily rest period and an immediate continuous daily rest period as defined in Section 90 (1). The rest according to the previous sentence shall not be reduced. '.
3. In Paragraph 92, the sentence "Paragraph 90b shall not be affected by this; the period of unprovided continuous daily rest as defined in Paragraph 90b shall not be considered as a continuous rest period in a week. '
4. In Paragraph 92, the following paragraph 6 is added:
"(6) It is possible for health care workers to agree to reduce the continuous rest of the week. In this case, the continuous daily rest may be reduced in accordance with Paragraph 90 (2), provided that the period by which it has been reduced must not be given separately but only with another continuous rest in the week so that the staff member is given a continuous rest in the week for a period of 4 weeks of at least 140 hours. Paragraph 90b is without prejudice to this. the unprovided continuous daily rest period defined in Paragraph 90b cannot be considered as continuous rest period in a week. ';
5. In Paragraph 92, paragraph 6 is deleted.
6. In Section 363, the text "90b 'is inserted after the text" 90a'.
Amendment to Act No. 281 / 2023 Coll., amending Act No. 262 / 2006 Coll., Labour Code, as amended, and some other laws
In Article XVI of Act No. 281 / 2023 Coll., amending Act No. 262 / 2006 Coll., Labour Code, as amended, and some other laws, the number "2029 'is replaced by" 2024'.
EFFECTIVE
This Law shall enter into force on the day following that of its publication, with the exception of the provisions of Article 5 (1) (a) (ii) and (iii) thereof. This Regulation shall be binding in its entirety and directly applicable in all Member States. I, point 5, which shall take effect on 1 July 2024.
Pekarová Adamová v. r.
Pavel v. r.
Fiala v. r.
Contents
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Regulation Information
| Citation | Act No. 413 / 2023 Coll., amending Act No. 262 / 2006 Coll., Labour Code, as amended, and Act No. 281 / 2023 Coll., amending Act No. 262 / 2006 Coll., Labour Code, as amended, and certain other laws |
|---|---|
| Regulation Type | Law |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 27.12.2023 |
|---|---|
| Effective from | 28.12.2023 |
| Effective until | - |
| Status | Valid |
Parliamentary Paper:
Paper No. 581
The regulation text is for informational purposes only.
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