Full text of Act No. 68 / 2009 Coll.
Full text of Act No. 435 / 2004 Coll., on Employment, as resulting from subsequent amendments
Valid
Declared full text
Contents
ČÁST PRVNÍ
HLAVA I
§ 1
HLAVA II
§ 2
§ 3
§ 4
§ 5
HLAVA III
§ 6
HLAVA IV
§ 7
§ 8
HLAVA V
§ 9
§ 9a
§ 9b
HLAVA VI
§ 10
§ 11
§ 12
§ 13
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
§ 34
§ 35
§ 36
§ 37
§ 37a
§ 38
HLAVA III
§ 39
§ 40
§ 41
§ 42
§ 43
§ 44
§ 45
§ 46
§ 47
§ 48
§ 49
§ 50
§ 51
§ 52
§ 53
§ 54
§ 55
§ 56
§ 57
HLAVA IV
§ 58
§ 59
§ 60
§ 60a
§ 61
§ 62
§ 63
§ 64
§ 65
§ 66
ČÁST TŘETÍ
§ 67
§ 68
§ 69
§ 70
§ 71
§ 72
§ 73
§ 74
§ 75
§ 76
§ 77
§ 78
§ 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
§ 99
§ 100
§ 101
HLAVA III
§ 102
HLAVA IV
§ 103
ČÁST PÁTÁ
HLAVA I
§ 104
§ 105
§ 106
§ 107
HLAVA II
§ 108
§ 109
§ 110
HLAVA III
§ 111
HLAVA IV
§ 112
§ 113
§ 114 a 115
§ 116
§ 117
§ 118
§ 119
HLAVA V
§ 120
ČÁST ŠESTÁ
§ 121
§ 122
§ 123
§ 124
ČÁST SEDMÁ
§ 125
§ 126
§ 127
§ 128
§ 129
§ 130
§ 131
§ 132
§ 133
§ 134
§ 135
§ 136
§ 137
§ 138
§ 139
§ 140
§ 141
ČÁST OSMÁ
HLAVA I
§ 142
§ 143
§ 144
§ 145
§ 146
§ 147
§ 147a
§ 147b
HLAVA II
§ 148
§ 149
§ 150
§ 151
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68
PRESIDENT OF THE GOVERNMENT
Announces
The full text of Act No. 435 / 2004 Coll., on Employment, as it results from the amendments made by Act No. 168 / 2005 Coll., Act No. 202 / 2005 Coll., Act No. 253 / 2005 Coll., Act No. 350 / 2005 Coll., Act No. 382 / 2005 Coll., Act No. 413 / 2005 Coll., Act No. 428 / 2005 Coll., Act No. 444 / 2005 Coll., Act No. 261 / 2007 Coll., Act No. 109 / 2006 Coll., Act No. 112 / 2006 Coll., Act No. 115 / 2006 Coll., Act No. 161 / 2006 Coll., Act No. 213 / 2006 Coll., Act No. 214 / 2006 Coll., Act No. 264.
THE LAW
on employment
Parliament has decided on this law of the Czech Republic:
INTRODUCTORY PROVISIONS
SUBJECT MATTER OF THE ADJUSTMENT
This law, in accordance with the law of the European Communities (1), regulates the provision of a 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) employment authorities.
Participants in legal relations
(1) Participants in legal relations under this Act are:
a) Czech Republic represented by the Ministry of Labour and Labour,
(b) natural persons having the capacity to be employed m2); 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); Organisational elements of a foreign legal person or a foreign natural person authorised to do business in the Czech Republic under special legislation5 are also considered as employers,
(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) Participants in 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; non-equal treatment shall not be regarded as a distinction provided for in this law or in specific legislation.
(2) In applying the right to employment, direct and indirect discrimination 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 or obligations to family, political or other thinking, membership and activities in political parties or political movements, trade union organisations or employers' organisations shall be prohibited; discrimination on grounds of pregnancy or maternity shall be considered as discrimination on grounds of sex. Discrimination shall also be regarded as involving the incitement, incitement or incitement to discrimination.
(3) Discrimination shall not be regarded as discrimination on the grounds referred to in paragraph 2 where it is apparent from the nature of the employment or context that that reason constitutes a substantial and decisive requirement for the pursuit of the employment to be pursued by the natural person and which is necessary for the pursuit of that employment; the objective pursued by such an exception must be justified and the requirement proportionate.
(4) Also, the legal measures aimed at preventing or compensating for disadvantages arising from the jurisdiction of a natural person to a group as defined by one of the grounds referred to in paragraph 2 and the measures taken pursuant to Articles 6 (1) (e) and 8 (1) (c) shall not be regarded as discrimination.
(5) Direct discrimination is a conduct where, on the basis of a distinction based on defined discriminatory grounds, a natural person is treated less favourably than it is being treated or would be treated or treated in a comparable situation.
(6) Indirect discrimination means conduct where a seemingly neutral decision, differentiation or procedure imposes a disadvantage or advantage on a natural person against another on the basis of a distinction based on defined discriminatory reasons; indirect discrimination on grounds of health is also a refusal or omission to take the measures necessary in a particular case for a natural person with disabilities to have access to employment. It shall not be regarded as indirect discrimination if the seemingly neutral decision, distinction or procedure is objectively justified by the objective and means of achieving that objective are proportionate and necessary, or if, for persons with disabilities, a legal or natural person is required to take appropriate measures to eliminate the disadvantages arising from such decision, differentiation or procedure.
(7) Harassing means acting which is rightly perceived by the other natural person as unwelcome, inappropriate or offensive and whose intention or effect leads to a reduction in the dignity of the natural person or to the creation of an hostile, degrading or disturbing environment.
(8) Sexual harassment means any form of unwanted oral or non-oral expression of a sexual nature the object or effect of which is to impair the dignity of a person, particularly when a intimidating, hostile, degrading, humiliating or insulting environment is created.
(9) Injury on grounds of sex, sexual orientation, racial or ethnic origin, disability, age, religion or belief, and sexual harassment shall be regarded as discrimination.
(10) Where, in applying the right to employment, a natural person has the right to request that:
(a) the infringement has been waived;
(b) the consequences of such infringement are removed; and
(c) it has been given adequate satisfaction.
(11) Where the dignity of a natural person or the seriousness of the natural person has been significantly reduced and the redress provided for in paragraph 10 has not been sufficient, he shall have the right to be compensated for non-property damage in cash.
(12) The amount of compensation referred to in paragraph 11 shall be determined by the court, on a proposal from the natural person, taking into account the seriousness of the damage suffered and the circumstances in which the rights and obligations have been infringed.
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,
2. in the case of a legal person, the name, registered office, identification number,
3. in the case of a natural person who is an entrepreneur (8), a business firm or a name, or name, surname, birth number, place of business, 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. for a national of the Czech Republic, the address of the permanent residence in the Czech Republic,
2. in the case of a foreigner (3), who is a citizen of the European Union or of his family or family member of a citizen of the Czech Republic, the address of a permanent or temporary residence in the Czech Republic and, if he does not have such residence, the address of the place where he usually resides in the Czech Republic,
3. in the case of a foreigner (3), who is neither a citizen of the European Union nor a family member of a citizen of the Czech Republic, the address of the place of permanent residence in the Czech Republic,
(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. health reasons which, according to a medical assessment, prevent the performance of a job or fulfil an obligation to cooperate with the employment agency; or
6. other serious personal reasons, such as ethical, moral or religious, 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;
1. where a natural person does not carry out work for a legal or natural person on the basis of an employment relationship or other contract, if he is not the spouse or child of that natural person; or
2. where a natural person-alien carries out work in contravention of, or without, an employment permit issued under this law, or a long-term residence permit for employment in special cases (hereinafter referred to as "the green card") issued under special legislation 9a) or without a green card required under this law; This does not apply in the case of transfer to another work under Paragraph 41 (1) (c) of the Labour Code,
(f) a standardized summary of work activities according to their usual groupings on the labour market, the performance of which implies a certain professional and other competence.
SCOPE OF MINISTERS
(1) The Ministry manages and controls the performance of the state administration and compliance with the law in securing the 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) continuously monitor and evaluate the labour market situation, process employment forecasts and take measures to influence demand and supply of labour and to establish consistency between resources and labour needs in the Czech Republic and take measures to guide labour from abroad in the Czech Republic and the labour force abroad;
(c) ensure the creation and, in line with the development of the labour market, updating the national occupational system, which 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,
publish it in electronic form in a way that allows remote access; cooperate with administrative authorities and local authorities on its creation and updating, taking into account proposals from workers on the labour market;
(d) manage the employment authorities;
(e) adopt measures to promote and achieve equal treatment of men and women, persons irrespective of 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 adopt measures for the employment of such persons;
(f) manage and provide resources for the provision of national employment policy, decide on their use, provide national funding for measures in the employment and human resources sector contained in the European Social Fund programmes, and provide for the design and technical equipment of the employment information system and coordinate activities under the European Employment Services system;
(g) 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 Community;
(h) cooperate with the competent public authorities of the Member States of the European Union in relation to the posting of staff to work on the territory of another Member State;
(i) establish state retraining centres and occupational rehabilitation centres for disabled persons;
(j) keep for employment purposes a central register of job seekers, jobseekers, disabled persons, foreigners, vacancies, vacancies for green card holders, and a register of permits for children to pursue the artistic, cultural, sports and advertising activities;
(k) grant and withdraw authorisations to legal or natural persons for employment mediation and keep a register of employment agencies;
(l) carry out control activities to the extent provided for by this law, including the imposition of fines;
(m) publish in electronic form, in a way enabling remote access, written material relating to the provision of State budget funds for the instruments and measures of an active employment policy, with the exception of materials containing personal data of individuals who are not directly recipients of such funds.
(2) Records kept pursuant to paragraph 1 (b) (j) they are based on data from the labour authorities and may be used by the Ministry and the labour offices to fulfil their obligations under this law and may be used for purposes laid down by specific legislation; For other purposes [for example, paragraph 1 (a) and (b)], data shall be used anonymously.
OFFICE OF WORK AND SCOPE
(1) Labour offices are administrative offices. The Director shall be Head of the Labour Office; his appointment and appeal shall be governed by special legislation10).
(2) The administrative districts of the labour authorities are the same as those of the countries11). The legal district of Prague City Labour Office is the territory of Prague City District). The names and registered offices of employment offices are listed in Annex 1 to this Act.
(3) The local jurisdiction of the employment office shall be governed by the place where the employment is or is to be carried out or by the residence of a natural person whose state of health the employment office assesses, unless otherwise provided by this law.
(4) In order to ensure cooperation in the labour market, labour authorities create 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.
(5) In order to assess the appropriate form of occupational rehabilitation of people with disabilities, the labour authorities shall establish expert working groups, consisting in particular of representatives of disabled organisations and representatives of employers employing more than 50% of disabled persons.
(1) Labour Office
(a) process the concept of employment development in its administrative district, continuously monitor and evaluate the labour market situation and take measures to affect demand and supply; to this end, cooperate with the coordinating labour authorities and 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 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) ensure and support projects and actions related to the development of human resources in the labour market in its administrative area, including participation in international programmes and projects, projects and projects with international participation, and programmes financed by the European Structural Funds and in the framework of employment programmes and programmes of the European Community, verify new instruments of active employment policy;
(e) carry out employment mediation to job seekers and jobseekers and provide additional employment services under this law;
(f) provide advice, information and other employment services to natural persons and employers;
(g) ensure the application of active employment policy instruments under this law, provide contributions from resources to active employment policy and pay unemployment and retraining support;
(h) provide employers who employ more than 50% of workers who are disabled with a contribution to support the employment of persons with disabilities;
(i) keep, for the purposes of employment, records of job vacancies, records of job seekers, records of persons with disabilities, records of foreigners and records of permits to perform children's artistic, cultural, sporting or advertising activities; The data from these registers shall be transmitted to the central registers kept by the Ministry [Paragraph 6 (1) (j)],
(j) provide, at the request of the institution, information 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 engage in short-term employment through an employment office or participate in a targeted employment programme (§ 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 the jobseekers have been drawn up by the Office of Labour an individual action plan,
k) 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 granting a permanent or temporary residence permit, the duration of the holding in the register of jobseekers and seasonal staff of the existence of a contract of employment, employment agreement or employment agreement;
(l) carry out control activities to the extent provided for by this law, including the imposition of fines;
(m) assess and decide whether a person is a disabled person [Paragraph 67 (2) (c)] and, in the cases referred to in Paragraph 9 (7), that a natural person is not considered to be a disabled person;
(n) assess for the purpose of providing benefits or exceptional benefits under specific legislation
1. the long-term adverse health status of the child;
2. whether a natural person can increase the standard of living of his own work due to his or her state of health,
3. whether the natural person is severely disabled and the type and degree of the disability for the purpose of exceptional advantages, the allowance for the adaptation of the apartment, the reimbursement of the wheelchair-free apartment or garage, the purchase, the total repair and modification of the motor vehicle and the individual transport allowance,
4. whether, for the purposes of State social assistance benefits, the natural person is a long-term disabled person, a long-term disabled person or a long-term sick child;
5. the degree of dependency of the natural person for the purposes of the care allowance;
(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) publish in electronic form, in a way enabling remote access, written material relating to the provision of State budget funds for the instruments and measures of an active employment policy, with the exception of materials containing personal data of individuals who are not direct recipients of such funds;
(r) comply with other obligations arising from this Act and the special legislation13).
(2) The Labour Office referred to in Annex 2 for the territorial perimeter of that Annex provides, in addition to the activities referred to in paragraph 1:
(a) the processing of the concept and strategy of employment and the processing of statistics, analyses and perspectives;
(b) coordination of the work of the labour force in implementing an active employment policy;
(c) the activities of the European Employment Services;
(d) cooperation in the development of international programmes or programmes involving international participation in the development of human resources and financing from the European Structural Funds;
(e) the setting up of training and retraining centres, and for disabled persons, occupational rehabilitation centres;
(f) cooperation on employment security, labour mobility and the development of human resources with local authorities, relevant trade unions and employers' organisations;
(g) processing of documents for the granting of investment incentives.
ASSESSMENT OF THE HEALTH STATUS OF PHYSICAL PERSONS AND THE FACILITIES OF HEALTH EQUIPMENT IN THE ASSESSMENT OF THE HEALTH STATUS OF PHYSICAL PERSONS
(1) When assessing the state of health for the purposes of the decision referred to in Article 8 (1) (m) and in the assessment referred to in Article 8 (1) (n), the Labour Office shall base its assessment on the documents established by the doctor designated by the Labour Office.
(2) The assessment referred to in Article 8 (1) (n) shall be carried out at the request of the administrative authority which is conducting the procedure for which the opinion is sought, or if the doctor designated by the employment office or the Ministry ascertains the relevant facts of the assessment which justify the carrying out of an examination of the initial assessment.
(3) The Labour Office is entitled to invite a natural person whose medical condition is assessed for the purposes of the assessment referred to in Article 8 (1) (n) to:
(a) have undergone a medical examination by a doctor designated by the employment office;
(b) has undergone, at the request of a doctor designated by the Office of Labour, an examination of his health in a medical establishment or another expert examination; or
(c) provide for other synergies which are necessary to submit an opinion;
the natural person is obliged to comply with the call.
(4) Where the natural person referred to in paragraph 3 does not undergo an examination of the state of health referred to in paragraph 3 (a) or (b) or refuses to cooperate in accordance with paragraph 3 (c), the employment office shall communicate this fact to the administrative authority responsible for the procedure for which the opinion is sought.
(5) The provisions of paragraph 3 shall apply mutatis mutandis to a natural person whose state of health is assessed in the proceedings as to whether he is disabled and to a natural person who has been recognised as disabled in cases of control of the original assessment.
(6) Where a natural person whose medical condition is assessed in the management of a person with disabilities does not undergo an examination of the medical condition, although invited to do so, the procedure may be suspended until such examination has been carried out by the natural person, provided that he has been notified of that result. If the suspension referred to in the first sentence lasts at least 12 months, the procedure may be terminated.
(7) Where a natural person who has been recognised as being disabled does not undergo a medical examination or another professional examination, he shall not be considered to be disabled from the date specified in the decision of the employment office; However, the condition is that this possibility has been brought to the attention of that person or his legal representative.
(1) The procedure for issuing the opinion referred to in Article 8 (1) (n) shall not apply to the administrative rules, with the exception of the provisions on the basic principles of administrative action, the provisions on exclusion from hearing and decision-making and the provisions on file.
(2) The time limit for the assessment referred to in Article 8 (1) (n) shall be 30 calendar days, unless the institution which requested the assessment provides for a longer period. Where the opinion is prevented from being delivered within the period referred to in the sentence of the first serious grounds, the employment office shall immediately inform the institution which requested the assessment; in such cases, the period referred to in the first sentence shall be extended by up to 30 calendar days, unless another time limit is set by the authority which requested the assessment.
(3) The Labour Office shall send only those parts of the opinion which do not contain the health data of the natural person under assessment to the authority which has requested the opinion referred to in Article 8 (1) (n).
(4) Within 7 days, the Labour Office shall send a copy of the opinion drawn up in accordance with Article 8 (1) (n), if the latter so requests, in order to establish the state of health of the natural person for the purposes of pension and sickness insurance.
(1) Medical facilities are required for reimbursement at the request of the employment office or of a doctor designated by the employment office
(a) carry out an examination of the state of health of the natural person;
(b) process medical evidence to the extent required to assess the health status of the natural person.
(2) At the request of the medical practitioner referred to in paragraph 1, medical establishments shall be obliged to provide the medical practitioner with the information necessary for the assessment of the medical condition, to allow access to the medical file and to lend the medical documentation to the extent necessary for the assessment of the natural person's health.
(3) The medical establishment shall comply with the obligations referred to in paragraphs 1 and 2 within the time limit specified by the employment office or by the doctor referred to in paragraph 1 and, if that time limit is not specified, within 15 calendar days of receipt of the application.
(4) The amount of remuneration for performance referred to in paragraph 1 is governed by the list of health performance with points (14) and (14a) respectively. The reimbursement shall be provided by the competent authority of the work required by the performance, on the basis of the bill submitted by the medical establishment. This shall also apply mutatis mutandis to the reimbursement of postal charges for the dispatch of medical documentation referred to in paragraph 2.
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.
(1) Participants in legal relations arising under this Act are prohibited from making employment offers which:
(a) have a discriminatory character;
(b) they do not comply with labour law or service regulations; or
(c) are contrary to good manners.
(2) When selecting employees, the employer must not require information concerning nationality, racial or ethnic origin, political attitudes, membership of trade unions, religion, philosophical beliefs, sexual orientation, unless they are required in accordance with § 4 (3) and (4), as well as information contrary to good manners, and personal data which do not serve to fulfil the obligations of the employer laid down by specific legislation. At the request of the applicant, the employer shall demonstrate the need for the personal data required. The recruitment aspects must guarantee equal opportunities for all natural persons seeking employment. Paragraph 4 (3) also applies here.
repealed
EMPLOYMENT
Contents
ČÁST PRVNÍ
HLAVA I
§ 1
HLAVA II
§ 2
§ 3
§ 4
§ 5
HLAVA III
§ 6
HLAVA IV
§ 7
§ 8
HLAVA V
§ 9
§ 9a
§ 9b
HLAVA VI
§ 10
§ 11
§ 12
§ 13
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
§ 34
§ 35
§ 36
§ 37
§ 37a
§ 38
HLAVA III
§ 39
§ 40
§ 41
§ 42
§ 43
§ 44
§ 45
§ 46
§ 47
§ 48
§ 49
§ 50
§ 51
§ 52
§ 53
§ 54
§ 55
§ 56
§ 57
HLAVA IV
§ 58
§ 59
§ 60
§ 60a
§ 61
§ 62
§ 63
§ 64
§ 65
§ 66
ČÁST TŘETÍ
§ 67
§ 68
§ 69
§ 70
§ 71
§ 72
§ 73
§ 74
§ 75
§ 76
§ 77
§ 78
§ 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
§ 99
§ 100
§ 101
HLAVA III
§ 102
HLAVA IV
§ 103
ČÁST PÁTÁ
HLAVA I
§ 104
§ 105
§ 106
§ 107
HLAVA II
§ 108
§ 109
§ 110
HLAVA III
§ 111
HLAVA IV
§ 112
§ 113
§ 114 a 115
§ 116
§ 117
§ 118
§ 119
HLAVA V
§ 120
ČÁST ŠESTÁ
§ 121
§ 122
§ 123
§ 124
ČÁST SEDMÁ
§ 125
§ 126
§ 127
§ 128
§ 129
§ 130
§ 131
§ 132
§ 133
§ 134
§ 135
§ 136
§ 137
§ 138
§ 139
§ 140
§ 141
ČÁST OSMÁ
HLAVA I
§ 142
§ 143
§ 144
§ 145
§ 146
§ 147
§ 147a
§ 147b
HLAVA II
§ 148
§ 149
§ 150
§ 151
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Regulation Information
| Citation | Full text of Act No. 68 / 2009 Coll., Act No. 435 / 2004 Coll., on Employment, as resulting from subsequent amendments |
|---|---|
| Regulation Type | Declared full text |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 16.03.2009 |
|---|---|
| Effective from | - |
| Effective until | - |
| Status | Valid |
Legal Areas:
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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