Act No. 435 / 2004 Coll.
Employment Act
Valid
Law
Effective from 01.10.2004
Contents
ČÁST PRVNÍ
HLAVA I
§ 1
HLAVA II
§ 2
§ 3
§ 4
§ 5
§ 5a
§ 5b
HLAVA III
§ 6
§ 6a
HLAVA IV
§ 7
§ 7a
§ 8
§ 8a
HLAVA V
§ 9
HLAVA VI
§ 10
§ 11
§ 12
ČÁST DRUHÁ
HLAVA I
§ 14
§ 15
§ 16
§ 17
HLAVA II
§ 18
§ 19
§ 20
§ 21
§ 22
§ 23
§ 24
§ 25
§ 26
§ 27
§ 28
§ 29
§ 30
§ 31
§ 32
§ 33
§ 33a
§ 33b
§ 34
§ 35
§ 37
§ 37a
§ 38
HLAVA III
§ 39
§ 40
§ 41
§ 42
§ 43
§ 44
§ 45
§ 46
§ 48
§ 49
§ 50
§ 51
§ 51a
§ 52
§ 53
§ 54
§ 55
§ 56
§ 57
HLAVA IV
§ 58
§ 59
§ 60
§ 60a
§ 60b
§ 61
§ 61a
§ 62
§ 63
§ 64
§ 65
§ 66
ČÁST TŘETÍ
§ 67
§ 68
§ 69
§ 70
§ 71
§ 72
§ 73
§ 74
§ 75
§ 76
§ 77
§ 78
§ 78a
§ 78b
§ 78c
§ 78d
§ 78e
§ 79
§ 80
§ 81
§ 82
§ 83
§ 84
ČÁST ČTVRTÁ
HLAVA I
§ 85
§ 86
§ 87
§ 88
HLAVA II
§ 89
§ 90
§ 91
§ 92
§ 93
§ 94
§ 95
§ 96
§ 97
§ 98
§ 98a
§ 99
§ 100
§ 101
HLAVA III
§ 101a
HLAVA IV
§ 102
HLAVA V
§ 103
ČÁST PÁTÁ
HLAVA I
§ 104
§ 105
§ 106
§ 107
HLAVA II
§ 108
§ 109
§ 109a
§ 109b
§ 110
HLAVA III
§ 111
HLAVA IV
§ 112
§ 113
§ 114
§ 116
§ 117
§ 118
§ 119
HLAVA V
§ 119a
HLAVA VI
§ 120
HLAVA VII
§ 120a
§ 120b
§ 120c
§ 120d
§ 120e
§ 120f
ČÁST ŠESTÁ
§ 121
§ 122
§ 123
§ 124
ČÁST SEDMÁ
§ 125
§ 126
§ 127
§ 129
§ 132
§ 135
§ 136
§ 137
§ 138
§ 139
§ 140
§ 141
§ 141a
§ 141b
ČÁST OSMÁ
HLAVA I
§ 142
§ 142a
§ 142b
§ 142c
§ 143
§ 144
§ 145
§ 146
§ 147
§ 147a
§ 147b
§ 147ba
§ 147ca
§ 147d
HLAVA II
§ 148
§ 149
§ 150
§ 151
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435
THE LAW
of 13 May 2004
on employment
Parliament has decided on this law of the Czech Republic:
INTRODUCTORY PROVISIONS
SUBJECT MATTER OF THE ADJUSTMENT
This law implements the relevant regulations of the European Union1) and provides for the safeguarding of national employment policy aimed at achieving full employment and protection against unemployment.
BASIC PROVISIONS
State employment policy
(1) State employment policy in the Czech Republic includes in particular:
(a) ensuring the right to employment;
(b) monitoring and evaluating the labour market situation, processing of forecasts and concepts of employment and human resources development in the labour market sector, programmes and projects for the working use of individuals;
(c) coordination of measures in the field of employment and human resources development in the labour market sector in accordance with the European Employment Strategy and the conditions for drawing on assistance from the European Social Fund;
(d) the development and coordination of individual programmes and measures to ensure priorities for employment and human resources development in the labour market sector;
(e) the implementation of an active employment policy;
(f) creation and involvement in international programmes related to the development of employment and human resources in the labour market sector;
(g) the management of resources for employment policy;
(h) provision of information, advice and brokering services on the labour market;
(i) providing unemployment and retraining support;
(j) measures to promote and achieve equal treatment of men and women, persons irrespective of racial and ethnic origin, persons with disabilities and other groups of persons having a difficult labour market position in terms of access to employment, retraining, preparation for work and specialised retraining courses, and measures for the employment of such persons;
(k) measures for the employment of natural persons with disabilities and other groups of natural persons having a difficult labour market position;
l) Directing employment of labour from abroad in the Czech Republic and from the Czech Republic abroad.
(2) State employment policy creates and participates in other labour market actors, in particular employers and trade unions; in implementing the state employment policy, the State shall cooperate with other actors active in the labour market, in particular local authorities, professional organisations, associations of disabled persons and employers' organisations.
(3) State administration in the field of state employment policy in the Czech Republic
(a) the Ministry of Labour and Social Affairs ("the Ministry"),
(b) The Office of Labour of the Czech Republic (hereinafter referred to as the Office of Labour) 75.
Participants in legal relations
(1) Participants in legal relations under this Act are:
(a) the Czech Republic for which the Ministry and the Labour Office are acting,
(b) natural persons having the capacity to be an employee; (2) natural persons are nationals of the Czech Republic and, under the same conditions, foreigners, (3) who fulfil the conditions of employment laid down by this Act;
(c) employers 4); the employer is also considered to be a fissile plant of a foreign legal person or a foreign natural person authorised to do business in the territory of the Czech Republic under special legislation5); for the purposes of § 87 (1) and (2), § 93, § 102 (2) and § 126, the employer is also considered to be an employer
1. a fissile plant with a location in the territory of the Czech Republic, to which a foreigner who holds a card of an intra-corporate transferee or a card of an intra-corporate transferee of an employee of another Member State of the European Union issued under the Act on the residence of foreigners in the territory of the Czech Republic (hereinafter referred to as the "intra-corporate transferee card") or a residence permit of an intra-corporate transferee of another Member State of the European Union is transferred from a commercial corporation located outside the territory of the Member States of the European Union to which the splinter-corporate establishment belongs; or
2. a commercial corporation established in the territory of the Czech Republic, to which an alien who holds a card of an intra-corporate transferee or residence permit issued by another Member State of the European Union, is transferred from a commercial corporation established outside the territory of the Member States of the European Union which is controlled or controlled by the same controlling person against a commercial corporation established in the territory of the Czech Republic;
(d) legal and natural persons and other entities under special legislation6) carrying out activities under this law.
(2) A national of another Member State of the European Union (hereinafter referred to as "a citizen of the European Union") and his family members (7) have the same legal status in legal relations as a citizen of the Czech Republic, unless otherwise provided for in this law.
(3) Family members of a citizen of the Czech Republic who are not nationals of the Czech Republic or of another Member State of the European Union have the same legal status as a citizen of the Czech Republic in legal relations governed by this law, unless otherwise provided for by this law.
Equal treatment and non-discrimination in the application of the right to employment
(1) The parties to legal relations under Article 3 (1) (a), (c) and (d) are required to ensure equal treatment of all natural persons exercising the right to employment.
(2) Any discrimination is prohibited in the exercise of the right to employment 80). The right to employment shall not be denied to the citizen on grounds of sex, sexual orientation, racial or ethnic origin, nationality, citizenship, social origin, gender, language, health, age, religion or belief, property, marital and family status and relationship or obligations to family, political or other thinking, membership and activities in political parties or political movements, trade union organisations or employers' organisations; discrimination on grounds of pregnancy, maternity, paternity or sexual identification shall be considered as discrimination on grounds of sex.
Definition of certain terms
For the purposes of this Act:
(a) identification data
1. in the case of a natural person, the name and / or surname, surname or surname, nationality, birth number or date and place of birth, if no birth number has been assigned, residence of the person;
2. in the case of a legal person, the name, registered office, identification number of the person;
3. in the case of a natural person who is an entrepreneur, a firm or a name, or, where applicable, a name, surname, birth number, registered office, identification number, if any,
4. in the case of a foreign person, the data listed under point 2 or 3 and the location of the organisational component in the Czech Republic;
(b) residence
1. in the case of a national of the Czech Republic, the address of the place of permanent residence in the Czech Republic or the address of the place where he usually resides in the Czech Republic;
2. in the case of a foreigner, 3) who is a citizen of the European Union or his family member of a citizen of the Czech Republic, the address of a permanent or temporary residence in the territory of the Czech Republic and, if he does not have such residence, the address of the place where he usually resides in the territory of the Czech Republic,
3. in the case of a stranger, 3) who is not a citizen of the European Union or his family member or family member of a citizen of the Czech Republic, address of the place of permanent residence in the Czech Republic,
4. in the case of a foreigner (3), who is not a citizen of the European Union or his family member or a family member of a citizen of the Czech Republic, and who holds a long-term residence permit for the purpose of performing a job in a position of high qualification (the Blue Card), issued under another legislation 72a), the address given as the place of residence in the agency information system of foreigners,
(c) serious reasons
1. necessary personal care for a child under the age of 4;
2. the necessary personal care of a natural person who, under a specific legislation, is considered to be dependent on the assistance of another natural person in stage II (moderate dependency), in stage III (severe dependency) or in stage IV (complete dependency) 3a, provided that he and the jobseeker are permanently living and jointly covering the costs of their needs; these conditions are not required if they are a person who is considered close for the purposes of pension insurance,
3. the attendance of the child in the pre-school establishment and compulsory schooling of the child;
4. place of employment or nature of employment of the second spouse or registered partner;
5. immediate termination of employment by an employee pursuant to § 56 of the Labour Code,
6. health reasons which, according to the medical opinion, prevent the performance of a job or an obligation to cooperate with the Labour Office - the Regional Branch of the Labour Office and the Office of the Labour Office for the City of Prague (hereinafter referred to as the Regional Branch of the Labour Office) in the mediation of employment; or
7. other serious personal reasons, such as ethical, moral or religious reasons, or reasons worthy of special consideration,
(d) the continuous preparation for the future occupation of the period of day study in secondary school, conservatory, higher vocational school and language school with the right to state language examinations and the period of preschool studies at higher school (9), including holidays which are part of the school or academic year;
(e) illegal work which has the characteristics of dependent work pursuant to Article 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) (b) 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 for assessing whether it is illegal work.
(f) a standardized summary of the work activities according to their usual groupings in the labour market, the performance of which presupposes certain professional and other competence;
(g) a disguised employment mediation activity of a legal person or a natural person, consisting of the hire of a labour force to another legal person or natural person, without respecting the conditions for employment mediation provided for in Article 14 (1) (b);
(h) the temporary inability of the candidate to fulfil the obligations of the candidate for employment due to sickness or accident
1. stay at the place of residence indicated in the temporary inability certificate of the applicant for employment to fulfil the obligations of the applicant for employment due to sickness or accident; and
2. comply with the scope and time of the authorised trips;
(i) by transfer of the work of an independent worker holding an intra-corporate transfer card or residence permit of an intra-corporate transferee issued by another Member State of the European Union to the territory of the Czech Republic as manager, specialist or employed traine102)
1. in a fissile plant with a location in the territory of the Czech Republic to which the alien is transferred from a commercial corporation located outside the territory of the Member States of the European Union to which the fissile plant belongs; or
2. in a commercial corporation established in the territory of the Czech Republic, to which the alien is transferred from a commercial corporation located outside the territory of the Member States of the European Union, which is controlled or controlled by the same controlling person against a commercial corporation established in the territory of the Czech Republic,
(j) undeclared work carried out by the person referred to in the first sentence of Paragraph 87 (1), where the employer has failed to fulfil his obligation to inform the relevant Regional Branch of the Office of employment or to perform the work at the latest before the time of taking up or performing the work of that person.
For the purposes of Sections 87 (1) and (2), 89 (4) and 93, intra-corporate transfer shall be regarded as employment.
For the purposes of this Act, an employer or a person who does not have a registered underpayment shall be deemed to be free of charge, except in the case of an underpayment for which it is permitted to wait his payment or to distribute his payment on instalments,
(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 public health insurance; or
(d) insurance premiums and social security periodic penalty payments and contributions to national employment policy.
SCOPE OF MINISTERS
(1) The Ministry regulates and controls the performance of state administration and compliance with the law in the provision of state employment policy. At
(a) developing national concepts and programmes of national employment policy and addressing core labour market issues, taking opinions on proposals affecting national employment policy that are processed by other central authorities;
b) ensure the processing of analyses and forecasts of developments in the labour market, including international comparisons, takes measures to establish consistency between the resources and needs of the labour force in the Czech Republic and takes measures to guide the labour force from abroad in the Czech Republic and the labour force abroad,
(c) ensure the management and provision of resources for the provision of state employment policy, ensure national financing of measures in the field of employment and human resources development in the labour market sector contained in the European Social Fund programmes, and provide design solutions and software technical equipment for the employment information system;
(d) ensure the development of international relations and international cooperation in the field of employment and human resources in the labour market sector, including cooperation with the European Union;
(e) cooperate with the competent public authorities of the Member States of the European Union in connection with the posting of staff to work on the territory of another Member State;
(f) ensure the creation and, in line with the development of the labour market, updating the national occupational system and publishing it in electronic form in a way that allows remote access. It shall cooperate with the administrative authorities and the local authorities on its development and updating and shall take into account the proposals of workers on the labour market. The national occupational system includes:
1. the name and the code number of the profession,
2. a brief description of the profession,
3. professional activities,
4. the conditions for the pursuit of the profession, in particular the qualifications, professional and medical;
5. Other professional data,
(g) provide, in a way that allows remote access to authorities deciding to grant a public benefit, aid, subsidy, contribution or procuring, data from the records of natural and legal persons who have been fined in a final manner for the performance of illegal work pursuant to Article 5 (e) (3);
(h) provide, upon request, in a way that allows remote access to managing authorities and the coordinating body designated for operational programmes financed by the European Structural and Investment Funds (98), data obtained in the provision of national employment policies, including data on individual individuals, and whether they are persons with disabilities pursuant to Article 67 (2), provided that such data are necessary to fulfil their tasks under European Union law; the application shall specify the provisions of the European Union law on which the application is based, the extent of the data required and the purpose for which the data are requested;
(i) for employment purposes, the management of central records of jobseekers, jobseekers, disabled persons, foreigners, job vacancies, job vacancies available to holders of an employee card, vacancies available to Blue Card holders, as well as the registration of permits to perform children's artistic, cultural, sporting and advertising activities, and the registration of legal and natural persons who have been fined for the purpose of carrying out illegal work pursuant to § 5 (e) (3);
(j) issue and withdraw authorisations for persons to arrange for employment and keep records of employment agencies as provided for in Article 14;
(k) assess the risks related to the performance of illegal work pursuant to Article 5 (e) (3) and identify the risk sectors of economic activities in which such illegal work is concentrated;
(l) submit to the European Commission, by 1 July each year, a report on the number of checks carried out in the preceding calendar year in each of the risk sectors, the result of those checks and their percentage of the total number of legal and natural persons engaged in each of the risk sectors;
m) Provides 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).
(2) The records kept under paragraph 1 (i) shall be based on the data of the Labour Office and the State Office of Labour Inspection together with the records referred to in paragraph 1 (a). (j) they may be used by the Ministry, the Labour Office and the State Office to carry out their obligations under this Act and may be used for purposes laid down by specific legislation; For other purposes, the data shall be used anonymously.
(3) The register of legal and natural persons who have been fined in a final manner for the purpose of enabling illegal work to be carried out pursuant to Article 5 (e) (3) contains:
(a) the trading firm or the name of the legal person or the name and, where appropriate, the name and surname of the natural person;
(b) the identification number of the legal or natural person;
(c) the amount of the fine imposed;
(d) the date on which the decision imposing the fine became final.
The data in this register shall be kept for as long as legal or natural persons are excluded from participation in public benefits, aid, subsidies, contributions or procurement.
(1) In order to carry out employment tasks, the Ministry may establish a state contribution organisation. The Ministry shall issue the instrument of establishment of this State Contribution Organisation. The State contribution organisation shall be established on the date specified in the instrument of incorporation. The instrument of incorporation shall also include the following information:
(a) the name, registered office and identification number of the person of the State contribution organisation;
(b) the definition of the purpose for which the State contribution organisation is established;
(c) the subject matter of the main activity or other activity, where appropriate;
(d) designation of the statutory body and definition of the basic organisational structure of the State contribution organisation;
(e) the definition of the assets of the Czech Republic, which the Ministry entrusts to the state contribution organisation when it is established.
(2) The Statutory Body of the State Contribution Organisation established under paragraph 1 shall appoint and dismiss the Minister for Labour and Social Affairs.
(3) The Ministry may decide to divide a State contribution organisation established under paragraph 1, to merge it or to merge it with another State contribution organisation established under paragraph 1, or to amend such State contribution organisation. At the same time, it shall issue the instrument of incorporation of the emerging state contribution organisation or the supplement to the instrument of incorporation. The State contribution organisation shall cease to exist on the date laid down in the decision on its division or merger or, where appropriate, on the date set out in the decision on its merger, if another State contribution organisation is the legal successor.
(4) The Ministry may decide to abolish a State contribution organisation set up under paragraph 1. At the same time, it will decide how to settle the rights and obligations exercised by the state contribution organisation, including the jurisdiction to manage the property of the Czech Republic, and cancel the charter. If it does not decide, the date of the termination of the repealed state contribution organisation shall pass the jurisdiction to the Ministry for the management of the property of the Czech Republic, including the rights which it has previously exercised. At the same time, the obligations and rights and obligations arising from the employment relationship carried by the organisation are transferred to the Czech Republic and the Ministry becomes competent to fulfil these obligations as well as to exercise the rights and obligations of those employment relationships.
(5) The establishment, division, merger, merger or cancellation of a State contribution organisation decided on in accordance with paragraphs 1 to 3 shall be notified by the Ministry in the Central Journal of the Czech Republic within 30 days of the date on which that fact occurred. The notification shall include the designation of the contractor of the State Contribution Organisation, its name, registered office, identification number and date, month and year of origin, division, merger, merger or termination.
THE OFFICE OF WORK AND ITS SCOPE
(1) The organisational breakdown of the Labour Office is laid down in special Act 76).
(2) In order to ensure cooperation in the labour market, the Labour Office shall, as appropriate, establish advisory bodies consisting mainly of representatives of trade unions, employers' organisations, cooperative bodies, disabled organisations and local authorities. The purpose of the Advisory Councils is to coordinate the implementation of the national employment policy and the development of human resources in the relevant administrative district. Advisory Councils shall, in particular, express their views on the provision of contributions to employers under an active employment policy, retraining programmes, organisation of advisory activities, measures to promote equal treatment of all natural persons exercising the right to employment and collective redundancies.
(3) In order to assess the appropriate form of occupational rehabilitation of persons with disabilities, the Labour Office creates expert working groups consisting mainly of representatives of disabled organisations and representatives of employers employing more than 50% of disabled persons.
State administration exercise by the postal licence holder
(1) The holder of a postal licence shall exercise a state administration under this Act if the Ministry has concluded with him a written contract which includes the determination of the scope of the State administration which is transferred to the holder of the postal licence.
(2) The holder of a postal licence may perform a public administration to the maximum extent that he / she accepts submissions under this Act and receives supporting documents for the adoption of decisions under this Act and their transmission to the Labour Office.
(3) The agreement of the superior administrative authority is not necessary to conclude the contract. Disputes from the Treaty are dealt with by the Minister for Labour and Social Affairs.
(4) The Ministry and the Labour Office will publish the contract on their official record and on their website.
Labour Office - Directorate-General of the Labour Office ("Directorate-General of the Labour Office ')
(a) provide documentation to the Ministry for the processing of concepts and programmes of national employment policy and for addressing core labour market issues and opinions on measures affecting national employment policy, continuously monitor and evaluate the overall labour market situation and take measures to influence demand and labour supply;
(b) cooperate with administrative authorities, local authorities, social security authorities, emergency aid authorities, state health authorities, employers and other bodies under specific legislation in the development and implementation of measures relating to the development of the labour market and employment;
(c) take measures to promote and achieve equal treatment of men and women, persons irrespective of their nationality, racial or ethnic origin, persons with disabilities and other groups of persons having a difficult labour market position in terms of access to employment, retraining, preparation for work and specialised retraining courses, and take measures for the employment of such persons;
(d) cooperate with the Ministry to develop international relations and international cooperation in the field of employment and human resources in the labour market sector, including cooperation with the European Union;
(e) cooperate with foreign institutions in the fulfilment of employment obligations under European Union legislation or international treaties and coordinate activities under the European Employment Services system;
(f) ensure the provision of material support for the creation of new jobs and material support for the retraining or training of new employees in the context of investment incentives and provide for other related programmes approved by the Government;
(g) carry out control activities to the extent provided for by this Act and the Law on Free Movement of Servants 9b), including the imposition of fines;
(h) ensure publication, in electronic form, in a way enabling remote access, of written material relating to the provision of State budget resources for the instruments and measures of an active employment policy, with the exception of materials containing personal data of natural persons who are not direct recipients of such funds;
(i) set up training and retraining centres and rehabilitation centres for disabled persons;
(j) fulfil other obligations under this law and under specific legislation.
(1) Regional Branch of the Labour Office
(a) it shall process the concept of employment development in its perimeter, statistics, analyses and prospects, continuously monitor and evaluate the labour market situation and take measures to influence demand and supply; to this end, may require employers to provide information on their intentions in the development of employment;
(b) cooperate with administrative authorities, local authorities, social security authorities, emergency aid authorities, state social assistance authorities, public health authorities, employers and other bodies under specific legislation in the development and implementation of measures relating to the development of the labour market and employment;
(c) cooperate in the development of international programmes or programmes involving international participation in the development of human resources and financing from the European Structural Funds;
(d) take measures to promote and achieve equal treatment between men and women, persons irrespective of nationality, racial or ethnic origin, persons with disabilities and other groups of persons having a difficult labour market position in terms of access to employment, retraining, preparation for work and specialised retraining courses, and take measures for the employment of such persons;
(e) ensuring and supporting projects and actions related to the development of human resources in the labour market, including participation in international programmes and projects, programmes and projects with international participation, and programmes financed by the European Structural Funds, and in the framework of employment programmes and European Union programmes, verifies new instruments of active employment policy;
(f) provide employment mediation for jobseekers and jobseekers and provide additional employment services under this law;
(g) provide advice, information and other employment and employment services to natural persons and employers;
h) ensure the application of the tools of the active employment policy under this Act, provide contributions from the funds to the active employment policy and pay unemployment and retraining support;
(i) provide an allowance for employers with whom an agreement has been concluded to recognise an employer as an employer in a protected labour market to support the employment of disabled persons in a protected labour market;
(j) to authorise the performance of the artistic, cultural, sporting or advertising activities of the child;
(k) for the purposes of employment, the register of job vacancies, the registration of jobseekers, the registration of persons with disabilities referred to in Article 68 (1), the registration of foreigners and the registration of permits for the exercise of the artistic, cultural, sporting or advertising activities of children, and the register of natural and legal persons who have been fined by a final decision to allow illegal work to be carried out in accordance with Article 5 (e) (3); it shall transmit the data of such records to the central records kept by the Ministry;
(l) provide, at the request of the institution, data on the assistance in material need12)
1. the keeping of a natural person in the register of jobseekers, including the reason for exclusion from the record of jobseekers,
2. whether unemployment or retraining aid is granted to jobseekers,
3. Whether it is a person who requires increased care in the provision of employment;
4. Whether a person has taken up a short-term job or refused to pursue a short-term job through the Regional Office of the Labour Office or to participate in a targeted employment programme (Section 120),
5. whether a procedure has been initiated for the exclusion of a jobseeker from the employment record;
6. that the candidate for employment carries out the activity referred to in Paragraph 25 (3) and an indication of the cessation of that activity;
7. Whether, in the last 6 months before the entry into the register of jobseekers, the employment relationship has been terminated because of a breach of the obligations arising from legislation relating to the work carried out by him in a particularly gross manner (33), or another employment relationship has been terminated for a similar reason,
m) confirms to a citizen of the European Union, his family member (§ 3 (2)) and to a family member of a Czech citizen referred to in § 3 (3) for the purpose of issuing a certificate of registration, residence card of a family member of a European Union citizen or permanent residence permit, the duration of the holding in the register of job seekers and seasonal staff of the existence of a fixed-term employment contract, fixed-term employment agreement or future contract in which the parties undertake to conclude a fixed-term employment contract or a fixed-term employment agreement within the agreed period;
(n) carry out control activities to the extent provided for in this Act and the Freedom of Movement Act (Staff Act), including the imposition of fines;
(o) provide the Office of the Office of Labour with the identification data of staff seconded to work in the Czech Republic and the identification data of legal and natural persons to whom they have been seconded to carry out checks on compliance with the working conditions of such staff provided for by other legislation governing working conditions;
(p) ensure the activities of the European Employment Services;
(q) ensure cooperation on employment, labour mobility and human resources development with local authorities, relevant trade unions and employers' organisations;
(r) comply with other obligations arising from this Act and the special legislation13).
(2) The local jurisdiction of the Regional Branch of the Office of Labour shall be governed by the place where employment is or is to be carried out, unless otherwise provided for in this Law or other legislation.
ASSESSMENT OF THE HEALTH STATUS OF PHYSICAL PERSONS AND THE ACTUALITY OF PROVIDERS OF HEALTH SERVICES IN THE ASSESSMENT OF THE HEALTH STATUS OF PHYSICAL PERSONS
(1) Health service providers are required to carry out an examination of the state of health of a natural person at the request of the regional branches of the Labour Office within 15 days of receipt of the application (§ 21).
(2) The amount of the performance remuneration referred to in paragraph 1 shall be governed by the list of health performance with points (14) and (14a). The reimbursement shall be provided by the Labour Office on the basis of the bill submitted by the health service provider.
RIGHT TO EMPLOYMENT
The right to employment is the right of a natural person who wants and can work and apply for a job, employment in an employment relationship (15) (hereinafter referred to as "employment '), employment mediation and the provision of other services under the conditions laid down by this law.
A natural person has the right to choose and secure his or her job freely and to pursue it throughout the Czech Republic, or to secure his or her employment abroad.
Contents
ČÁST PRVNÍ
HLAVA I
§ 1
HLAVA II
§ 2
§ 3
§ 4
§ 5
§ 5a
§ 5b
HLAVA III
§ 6
§ 6a
HLAVA IV
§ 7
§ 7a
§ 8
§ 8a
HLAVA V
§ 9
HLAVA VI
§ 10
§ 11
§ 12
ČÁST DRUHÁ
HLAVA I
§ 14
§ 15
§ 16
§ 17
HLAVA II
§ 18
§ 19
§ 20
§ 21
§ 22
§ 23
§ 24
§ 25
§ 26
§ 27
§ 28
§ 29
§ 30
§ 31
§ 32
§ 33
§ 33a
§ 33b
§ 34
§ 35
§ 37
§ 37a
§ 38
HLAVA III
§ 39
§ 40
§ 41
§ 42
§ 43
§ 44
§ 45
§ 46
§ 48
§ 49
§ 50
§ 51
§ 51a
§ 52
§ 53
§ 54
§ 55
§ 56
§ 57
HLAVA IV
§ 58
§ 59
§ 60
§ 60a
§ 60b
§ 61
§ 61a
§ 62
§ 63
§ 64
§ 65
§ 66
ČÁST TŘETÍ
§ 67
§ 68
§ 69
§ 70
§ 71
§ 72
§ 73
§ 74
§ 75
§ 76
§ 77
§ 78
§ 78a
§ 78b
§ 78c
§ 78d
§ 78e
§ 79
§ 80
§ 81
§ 82
§ 83
§ 84
ČÁST ČTVRTÁ
HLAVA I
§ 85
§ 86
§ 87
§ 88
HLAVA II
§ 89
§ 90
§ 91
§ 92
§ 93
§ 94
§ 95
§ 96
§ 97
§ 98
§ 98a
§ 99
§ 100
§ 101
HLAVA III
§ 101a
HLAVA IV
§ 102
HLAVA V
§ 103
ČÁST PÁTÁ
HLAVA I
§ 104
§ 105
§ 106
§ 107
HLAVA II
§ 108
§ 109
§ 109a
§ 109b
§ 110
HLAVA III
§ 111
HLAVA IV
§ 112
§ 113
§ 114
§ 116
§ 117
§ 118
§ 119
HLAVA V
§ 119a
HLAVA VI
§ 120
HLAVA VII
§ 120a
§ 120b
§ 120c
§ 120d
§ 120e
§ 120f
ČÁST ŠESTÁ
§ 121
§ 122
§ 123
§ 124
ČÁST SEDMÁ
§ 125
§ 126
§ 127
§ 129
§ 132
§ 135
§ 136
§ 137
§ 138
§ 139
§ 140
§ 141
§ 141a
§ 141b
ČÁST OSMÁ
HLAVA I
§ 142
§ 142a
§ 142b
§ 142c
§ 143
§ 144
§ 145
§ 146
§ 147
§ 147a
§ 147b
§ 147ba
§ 147ca
§ 147d
HLAVA II
§ 148
§ 149
§ 150
§ 151
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Regulation Information
| Citation | Act No. 435 / 2004 Coll., on Employment |
|---|---|
| Regulation Type | Law |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 23.07.2004 |
|---|---|
| Effective from | 01.10.2004 |
| Effective until | - |
| Status | Valid |
Legal Areas:
Taxes
Finance
International law
International private law
International public law
Wages, salaries, wages, compensation
Labour relations
Labour law
Social security law
Administrative offences
Administrative authorities
Administrative law
State (official) control
Telecommunications, Communications, Mail
Constitutional (state) law
Water, Water management
Unemployment security
Fundamental human rights
Special working conditions
The regulation text is for informational purposes only.
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