Government Decree No. 443 / 2024 Coll.
Government regulation on the definition of a difficult working environment and the amount of the wage surcharge for work in a difficult working environment
Valid
Regulation
Effective from 01.01.2025
443
GOVERNMENT REGULATION
of 18 December 2024
on the definition of a difficult working environment and the amount of the wage supplement for work in a difficult working environment
The Government orders pursuant to § 117 (1) of Act No. 262 / 2006 Coll., Labour Code, as amended by Act No. 230 / 2024 Coll.:
Preliminary provisions
This Regulation defines a burdensome working environment for remuneration purposes, determines the level of the pay surcharge for work in a difficult working environment and the conditions for its provision.
Difficulty working environment
(1) A difficult working environment for the purpose of providing a supplement under the Labour Code (1) is an environment in which the performance of work is associated with exceptional difficulties arising from exposure to the effects of the aggravating influence and from measures to reduce or eliminate them.
(2) The aggravating influence referred to in paragraph 1 means:
(a) dust whose average exchange concentrations in the working air exceed three times the permissible exposure limit laid down by another legislation (m2);
(b) chemicals whose average exchange concentrations in the working air exceed the maximum permissible concentration in the working air laid down by other legislation (m2) or, if the maximum concentration in the working air is not established for the substance, exceed three times its permissible exposure limit set by another legislation (m2);
(c) mixtures of chemicals with an expected additive effect if the sum of the proportions of the exchange average concentrations of each chemical in air from their permissible exposure limit values is greater than 2;
(d) working processes at risk of chemical carcinogenicity laid down by other legislationm3);
(e) fixed and variable noise or impulse noise, the equivalent sound pressure level A LAeq, 8h exceeding the hygiene limit laid down by other legislation4) or the permissible exposure limit laid down by other legislation5) by at least 20 dB, or an impulse noise whose average peak sound pressure level C specified by other legislation6) exceeds 145 dB;
(f) hand-transmitted vibration whose average aggregate weighted acceleration level of the Lahv, 8h exceeds the permissible exposure limit for an eight-hour working period laid down by another legislation7) by at least 17 dB, or the total horizontal or vertical vibration transmitted to staff whose average weighted acceleration level of the Law, 8h exceeds the permissible exposure limit for an eight-hour working period laid down by another legislation8) by at least 17 dB;
(g) a working environment in which the values of the permissible microclimatic conditions laid down by other legislation9 are exceeded, and even in the use of available personal protective equipment and adaptation of the labour regime, injury cannot be excluded;
(h) conscious treatment
1. with biological agents such as the Ebola virus, the Guanarito virus, the Hedra virus, the Chapare virus, the Jinn virus, the Crimean haemorrhagic fever virus, the Lasa virus, the Lujo virus, the Machupo virus, the Marburg virus, the Nipah virus, the HPAIV virus (H5 virus) and (H7) the Sabia virus (Brazilian mammarenavirus), the Variola virus (major and minor virus), the human immunodeficiency viruses 1 and 2, the Bacillus anthracis, Brucella abortus, Brucella melitensis, Brucella suis, Burkholderia pseudomallei (Pseudomonas pseudomallei), Burholderia mallei (Pseudomonas,
2. with the sources or transporters of biological agents referred to in point 1;
(i) increased pressure
1. above 400 kPa;
2. when working underwater, regardless of the depth of the dive,
(j) radiation activities carried out in a controlled zone by category A workers provided for in another legislation (10);
(k) work related to the investigation and treatment of persons hospitalized in clinical centres specialised in the treatment of infectious diseases;
(l) the division of the shift or work by the employer, which shall be at least 90 minutes in total if, at the time of the interruption of work, the staff member is unavailable to his normal social environment and social background, or their availability is significantly hampered, or the protection of the place where the staff member must spend the period of work, from climatic and other adverse effects.
Amount of the wage surcharge for working in a difficult working environment and conditions for its provision
(1) The amount of the wage allowance for work in a difficult working environment shall be at least 10% of the minimum wage for each of the aggravating effects referred to in Article 2 (2) (11).
(2) The amount of the wage allowance for work in a difficult working environment in the division of shift or work referred to in Article 2 (2) (l) shall be at least 10% of the hourly minimum wage (11) per hour of work worked in the split shift or in the split work.
Repeal
They shall be deleted:
1. Government Decree No. 567 / 2006 Coll., on the minimum wage, on the lowest levels of guaranteed wage, on the definition of a difficult working environment and on the amount of the pay surcharge for work in a difficult working environment.
2. Government Decree No. 249 / 2007 Coll., amending Government Decree No. 567 / 2006 Coll., on minimum wage, on lowest levels of guaranteed wage, on the definition of a difficult working environment and on the amount of the pay surcharge for work in a difficult working environment.
3. Government Regulation No. 452 / 2009 Coll., amending Government Regulation No. 567 / 2006 Coll., on minimum wage, the lowest levels of guaranteed wage, the definition of a difficult working environment and the amount of the pay surcharge for work in a difficult working environment, as amended by Government Decree No. 249 / 2007 Coll.
4. Government Regulation No. 246 / 2012 Coll., amending Government Regulation No. 567 / 2006 Coll., on minimum wage, the lowest levels of guaranteed wage, the definition of a difficult working environment and the amount of the wage surcharge for work in a difficult working environment, as amended.
5. Government Regulation No. 210 / 2013 Coll., amending Government Regulation No. 567 / 2006 Coll., on minimum wage, the lowest levels of guaranteed wage, the definition of a difficult working environment and the amount of the wage surcharge for work in a difficult working environment, as amended.
6. Government Decree No. 204 / 2014 Coll., amending Government Decree No. 567 / 2006 Coll., on minimum wage, on lowest levels of guaranteed wage, on the definition of a difficult working environment and on the amount of the wage surcharge for work in a difficult working environment, as amended.
7. Government Regulation No. 233 / 2015 Coll., amending Government Regulation No. 567 / 2006 Coll., on minimum wage, the lowest levels of guaranteed wage, the definition of a difficult working environment and the amount of the wage surcharge for work in a difficult working environment, as amended.
8. Government Decree No. 336 / 2016 Coll., amending Government Decree No. 567 / 2006 Coll., on minimum wage, on lowest levels of guaranteed wage, on the definition of a difficult working environment and on the amount of the wage surcharge for work in a difficult working environment, as amended.
9. Part of the First Government Regulation No. 337 / 2016 Coll., amending Government Regulation No. 567 / 2006 Coll., on minimum wage, on lowest levels of guaranteed wages, on the definition of a difficult working environment and on the amount of the salary supplement for work in a difficult working environment, as amended, and Government Regulation No. 589 / 2006 Coll., which provides for a derogation from the working and rest periods of workers in transport, as amended by Government Regulation No. 353 / 2008 Coll.
10. Government Decree No. 286 / 2017 Coll., amending Government Decree No. 567 / 2006 Coll., on minimum wage, on lowest levels of guaranteed wage, on the definition of a difficult working environment and on the amount of the pay surcharge for work in a difficult working environment, as amended.
11. Government Decree No. 273 / 2018 Coll., amending Government Decree No. 567 / 2006 Coll., on minimum wage, on lowest levels of guaranteed wage, on the definition of a difficult working environment and on the amount of the wage surcharge for work in a difficult working environment, as amended.
12. Government Decree No. 347 / 2019 Coll., amending Government Decree No. 567 / 2006 Coll., on minimum wage, on the lowest levels of guaranteed wage, on the definition of a difficult working environment and on the amount of the wage surcharge for work in a difficult working environment, as amended.
13. Government Decree No. 487 / 2020 Coll., amending Government Decree No. 567 / 2006 Coll., on minimum wage, on lowest levels of guaranteed wage, on the definition of a difficult working environment and on the amount of the pay surcharge for work in a difficult working environment, as amended.
14. Government Decree No. 405 / 2021 Coll., amending Government Decree No. 567 / 2006 Coll., on minimum wage, on the lowest levels of guaranteed wage, on the definition of a difficult working environment and on the amount of the wage surcharge for work in a difficult working environment, as amended.
15. Government Decree No. 465 / 2022 Coll., amending Government Decree No. 567 / 2006 Coll., on minimum wage, on lowest levels of guaranteed wage, on the definition of a difficult working environment and on the amount of the pay surcharge for work in a difficult working environment, as amended.
16. Government Decree No. 396 / 2023 Coll., amending Government Decree No. 567 / 2006 Coll., on minimum wage, on the lowest levels of guaranteed wage, on the definition of a difficult working environment and on the amount of the wage surcharge for work in a difficult working environment, as amended.
Efficacy
This Regulation shall take effect on 1 January 2025.
Prime Minister:
Prof. PhDr. Fiala, Ph.D., LL.M., v. r.
Deputy Prime Minister and Minister for Labour and Social Affairs:
Ing. Jurečka v. r.
1) Sections 117 (1) and 128 (1) of Act No. 262 / 2006 Coll., Labour Code, as amended.
2) Article 9 of Government Decree No. 361 / 2007 Coll., laying down conditions for health protection at work, as amended.
3) Paragraph 16 (1) (c) of Decree No 361 / 2007 Coll.
4) Article 3 (2) and (3) of Government Decree No. 272 / 2011 Coll., on the protection of health against adverse effects of noise and vibration, as amended.
5) Articles 3 (1) and 4 (1) of Decree No. 272 / 2011 Coll.
6) § 4 (2) of Decree No. 272 / 2011 Coll.
7) Paragraph 13 (1) (a) of Decree No. 272 / 2011 Coll.
8) Paragraph 13 (4) (a) of Decree No. 272 / 2011 Coll.
9) Articles 3b (2) and 6 of Decree of the Government No 361 / 2007 Coll.
10) Paragraph 20 (2) of Decree No. 422 / 2016 Coll., on Radiological Protection and Security of Radionuclide Source.
11) Paragraph 111 (5), (6) and (7) (b) of the Labour Code.
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Regulation Information
| Citation | Government Decree No. 443 / 2024 Coll., on the definition of a difficult working environment and on the amount of the pay surcharge for work in a difficult working environment |
|---|---|
| Regulation Type | Regulation |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 20.12.2024 |
|---|---|
| Effective from | 01.01.2025 |
| Effective until | - |
| Status | Valid |
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