Act No. 93 / 2017 Coll.
Act amending Act No. 435 / 2004 Coll., on Employment, as amended, Act No. 251 / 2005 Coll., on Labour Inspection, as amended, and Act No. 262 / 2006 Coll., Labour Code, as amended
Valid
Effective from 01.04.2017
93
THE LAW
of 8 March 2017
amending Act No. 435 / 2004 Coll., on Employment, as amended, Act No. 251 / 2005 Coll., on Labour Inspection, as amended, and Act No. 262 / 2006 Coll., Labour Code, as amended
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.
1. In Article 1, the words "in accordance with European Union1) 'are replaced by the words" incorporating the relevant European Union1) and';
2. footnote 1 shall read:
"(1) Council Directive 94 / 33 / EC of 22 June 1994 on the protection of young workers. Directive 95 / 46 / EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data. Directive 96 / 71 / EC of the European Parliament and of the Council of 16 December 1996 concerning the posting of workers in the framework of the provision of services. Council Directive 2000 / 43 / EC of 29 June 2000 establishing the principle of equal treatment between persons irrespective of racial or ethnic origin. Council Directive 2000 / 78 / EC of 27 November 2000 establishing a general framework for equal treatment in employment and occupation. Directive 2002 / 73 / EC of the European Parliament and of the Council of 23 September 2002 amending Council Directive 76 / 207 / EEC on the implementation of the principle of equal treatment for men and women as regards access to employment, vocational training and promotion and working conditions. Council Directive 2003 / 109 / EC of 25 November 2003 concerning the status of third-country nationals who are long-term residents. Directive 2004 / 38 / EC of the European Parliament and of the Council of 29 April 2004 on the right of citizens of the Union and their family members to move and reside freely within the territory of the Member States, amending Regulation (EEC) No 1612 / 68 and repealing Directives 64 / 221 / EEC, 68 / 360 / EEC, 72 / 194 / EEC, 73 / 148 / EEC, 75 / 34 / EEC, 75 / 35 / EEC, 90 / 364 / EEC, 90 / 365 / EEC and 93 / 96 / EEC. Directive 2005 / 36 / EC of the European Parliament and of the Council of 6 July 2005 on the recognition of professional qualifications Directive 2006 / 54 / EC of the European Parliament and of the Council of 5 July 2006 on the introduction of the principle of equal opportunities and equal treatment for men and women in the field of employment and occupation (recast). Directive 2008 / 104 / EC of the European Parliament and of the Council of 19 November 2008 on Agency employment. Council Directive 2009 / 50 / EC of 25 May 2009 on conditions of entry and residence of third-country nationals for the purpose of employment requiring high qualifications. Directive 2009 / 52 / EC of the European Parliament and of the Council of 18 June 2009 on minimum standards for penalties and measures against employers of illegally staying third-country nationals. Directive 2010 / 41 / EU of the European Parliament and of the Council of 7 July 2010 on the application of the principle of equal treatment between men and women who are self-employed and repealing Council Directive 86 / 613 / EEC. Directive 2011 / 98 / EU of the European Parliament and of the Council of 13 December 2011 on a single application procedure for a single residence and work permit in the territory of a Member State for third-country nationals and on a common set of rights of workers from third countries legally residing in a Member State. Article 2
3. In § 78 (2), "8 800 CZK 'is replaced by" 9 500 CZK'.
4. In the third sentence of Article 102 (2), the words "Registration shall be replaced by" The employer referred to in the first sentence shall keep a register containing "and, at the end of the paragraph, the sentence" Where a legal or natural person referred to in the second sentence has concluded a contract with an employer established in another Member State of the European Union on the basis of which the natural persons referred to in Article 87 (1) have been seconded to the territory of the Czech Republic to carry out the tasks arising from that contract for that legal or natural person, that legal or natural person shall be obliged to keep a register containing the information referred to in Article 91 (1) (a), (b), (c) and (e), the sex of those natural persons, the date of recruitment and the date of termination of employment or secondment by an employer established in another Member State of the European Union. "
5. In Paragraph 136, the following paragraph 2 is inserted after paragraph 1:
"(2) The first sentence of paragraph 1 shall have the obligation in the territory of the Czech Republic as well as an employer established in another Member State of the European Union who, in the framework of the transnational provision of services, has sent his staff to the Czech Republic for temporary work, the documents which fulfil this obligation must be translated into the Czech language."
Paragraphs 2 and 3 shall become paragraphs 3 and 4.
6. in Article 139 (1) (d) and in Article 140 (1) (c), the words "2 or" are replaced by "2,"
7. In Article 139 (2), the words "or 2 'shall be added at the end of the text of point (f).
8. In Article 140 (2), the words "or 2 'shall be added at the end of the text of point (e).
Transitional provisions
1. The grant of a contribution to support the employment of disabled persons in a protected post for the fourth calendar quarter of 2016 shall be governed by the legislation applicable on 31 December 2016.
2. The grant of a contribution to support the employment of disabled persons in a protected post for the first calendar quarter of 2017 shall be governed by Act No. 435 / 2004 Coll., as effective from the date of entry into force of this Act.
3. The administrative procedure for the grant of a contribution to the promotion of the employment of disabled persons in a protected post pursuant to Article 78 of Act No. 435 / 2004 Coll., as effective before the date of entry into force of the Act, which was not definitively completed before the date of entry into force of the Act, shall be completed in accordance with Act No. 435 / 2004 Coll., as effective before the date of entry into force of the Act.
Amendment of the Labour Inspection Act
Act No. 251 / 2005 Coll., on Labour Inspection, as amended by Act No. 230 / 2006 Coll., Act No. 264 / 2006 Coll., Act No. 213 / 2007 Coll., Act No. 362 / 2007 Coll., Act No. 294 / 2008 Coll., Act No. 382 / 2008 Coll., Act No. 281 / 2009 Coll., Act No. 73 / 2011 Coll., Act No. 341 / 2011 Coll., Act No. 350 / 2011 Coll., Act No. 365 / 2011 Coll., Act No. 81 / 2015 Coll., Act No. 47 / 2016 Coll.
1. In Article 1, the words "This Act 'are replaced by the words" This Act implements the relevant European Union78) and'.
Footnote 78 reads:
"(78) Directive 2014 / 67 / EU of the European Parliament and of the Council of 15 May 2014 on the enforcement of Directive 96 / 71 / EC on the posting of workers in the framework of the provision of services and amending Regulation (EU) No 1024 / 2012 on administrative cooperation through the Internal Market Information System (IMI Regulation). '.
2. In Article 3, the following paragraph 3 is inserted after paragraph 2, including footnote 79:
"(3) The Office and the inspectors shall check compliance with the legislation governing the legal status of staff seconded to work in the framework of the transnational provision of services (79), considering in particular:
(a) in order to determine the actual place of employment of the employer in the Czech Republic, the Office and the Inspectorate shall carry out an overall assessment of all the facts characterising the activities carried out by the employer in the Czech Republic, and, where appropriate, in another Member State of the European Union in which he is established, taking into account a period of five years prior to the secondment of the staff member; In particular, the following elements shall be taken into account in this assessment:
1. the place where the employer has his registered office and, where appropriate, the administrative background;
2. the place where the employer pays taxes and social security contributions;
3. the Member State which has granted the employer an authorisation to carry out the activity in question and where it is registered with the Chamber of Commerce or other professional bodies in accordance with the law of that Member State;
4. the place where the employer carries out the main business and where he employs administrative staff;
5. the place where the employer accepts employees into employment and where the employees are broadcast;
6. the applicable law governing employment relationships between the employer and seconded staff,
7. the volume by the employer of transnational services or the amount of turnover effected in another Member State of the European Union, taking into account the specific situation in particular of newly established enterprises and SMEs;
(b) in order to determine in which Member State of the European Union an employee seconded to work in the Czech Republic usually carries out work, all the facts characterising the work and the staff are examined, in particular:
1. whether the employee is working in the Czech Republic for a limited period;
2. the place where the staff member usually performs his work under Regulation (EC) No 593 / 2008 of the European Parliament and of the Council on the law applicable to contractual obligations (Rome I) or under the Convention on the law applicable to contractual obligations (Rome Convention),
3. the date on which the secondment began,
4. whether the staff member returns to or is to continue to work in another Member State of the European Union after his secondment,
5. the nature of the activities carried out;
6. whether transport, catering and accommodation are provided or reimbursed by the employer sending the staff member and the way in which they are provided or reimbursed;
7. whether the job was repeatedly filled by the same or other employee.
79) For example, § 319 of the Labour Code. '
Paragraph 3 shall become paragraph 4.
3. in Article 4 (2) (b), the words "employment relations" shall be inserted after the words "labour security."
4. In Article 4, at the end of paragraph 2, the dot is replaced by a comma and the following points (g) to (i) are added:
"(g) submit to the competent authority of another Member State of the European Union (hereinafter referred to as the" competent foreign authority ") requests for assistance, information, notification or enforcement of a fine or other penalty on a single form, in accordance with the procedure laid down in the directly applicable European Union80), the Office's request for the enforcement of a fine or other penalty, as well as the notification of a decision on the basis of which the fine or other penalty is imposed, at least:
1. the name and known address of the employer and any other relevant information or information necessary for its identification;
2. a summary of the facts and circumstances on the basis of which it came to the conclusion of a possible infringement, the nature of the infringement and the list of the relevant legislation;
3. an instrument enabling enforceability in the Czech Republic (enforceable decision) and any other relevant information or documents, including information and documents of a legal nature relating to the related claim, fine or other penalties,
4. in the case of notification of a decision, the purpose of the notification and the deadline for its implementation;
5. in the case of a request for recovery of a fine, other penalty or related claim or component thereof, the date on which the decision became enforceable, the total amount recovered, any information relevant to its recovery, including whether and, where applicable, how the decision was delivered to the employer, including a communication from the Office as to whether a further appeal may be brought against the imposition of a fine or other penalty,
(h) communicate to the competent foreign authority facts suggesting violations of the legislation on the posting of workers in the framework of the transnational provision of services and inform the European Commission of ongoing problems in the exchange of information with other Member States of the European Union in the field;
(i) provide up-to-date information on the working conditions of staff seconded to work in the framework of the transnational provision of services on its website in the Czech language and in other languages most frequently used by seconded staff. Such information shall be made available by the Authority in other appropriate ways and, at the request of a person with disabilities, in the form in which that person can acquaint himself with it.
80) Regulation (EU) No 1024 / 2012 of the European Parliament and of the Council of 25 October 2012 on administrative cooperation through the Internal Market Information System and repealing Commission Decision 2008 / 49 / EC (IMI Regulation), as amended. ';
5. footnote 10 shall read:
"10) § 105 of the Labour Code. Government Decree No. 201 / 2010 Coll., on the method of recording accidents, reporting and sending an accident record, as amended. '
6. In Article 5, at the end of paragraph 1, the dot is replaced by a comma and the following point (n) is added:
"(n) inform, through the Office, the competent foreign authority authorised under the law of another Member State of the European Union to provide or require cross-border cooperation, to service and enforce decisions imposing fines or other penalties in order to check compliance with the laws governing the posting of workers for work in the framework of the transnational provision of services, of the facts relating to the secondment of staff from another Member State of the European Union to work in the framework of the transnational provision of services.";
7. the following Part Five is inserted after Part Four:
CONTROL AND ADMINISTRATIVE COOPERATION IN EMPLOYMENT OF EMPLOYERS IN THE framework OF NUCLEAR PROVISION OF SERVICES
Access to information and administrative cooperation
(1) The Office, in cooperation with the inspectors, on a reasoned request from a competent foreign authority or from the European Commission, submitted on a single form in accordance with the procedure directly applicable to the European Union80), which concerns an employer established in the Czech Republic, free of charge
(a) provide the competent authority with information for the purpose of identifying the secondment and checking compliance with the legislation governing the status of staff seconded to work in the framework of the transnational provision of services;
(b) examine the facts relating to the secondment of a staff member;
(c) provide documents relating to the secondment of a staff member.
(2) The Authority shall provide the information referred to in paragraph 1 (a):
(a) in justified urgent cases requiring consultation of the registers concerned without undue delay, but not more than two working days;
(b) in other cases no later than 25 working days after receipt of the request.
(3) If the application referred to in paragraph 1 cannot be completed, the Office shall inform the competent foreign authority accordingly. The Office shall, without undue delay, inform the competent foreign authority of the facts relating to the secondment where there is doubt as to compliance with working and wage conditions.
(4) The Office may request the competent foreign authority to provide cross-border cooperation to the extent provided for in paragraph 1 (a), (b) and (c) concerning an employer established in another Member State of the European Union. The information provided by the competent foreign authority on the basis of this request may be used by the Office only for the purpose of checking compliance with the legislation governing the posting of workers for work in the framework of the transnational provision of services.
Service of a decision imposing a fine or other penalty to an employer established in another Member State of the European Union and its enforcement
(1) The decision imposing a fine or other penalty and related documents shall be served by the Office and the Inspectorate to an employer established in another Member State of the European Union who sends staff to work in the framework of the transnational provision of services in the Czech Republic, through the postal operator or through the competent authority responsible for the service of documents abroad. If, in this way, a document cannot be served by an employer established in another Member State of the European Union, the Office shall, in accordance with the procedure directly applicable to the European Union80, request the competent foreign authority to service the documents referred to in the first sentence.
(2) If an employer established in another Member State of the European Union who sends staff to work in the transnational provision of services in the territory of the Czech Republic has voluntarily failed to fulfil the obligation under a final and enforceable decision imposing a fine or other penalty in the Czech Republic within a specified time limit, the Office shall request the enforcement of the decision by a single form in accordance with the procedure laid down in the directly applicable European Union80). The claim of the Czech Republic ceases to exist by accepting the request of the competent foreign authority according to the first sentence.
(3) Where a decision imposing a fine or other penalty which the Office has applied for pursuant to paragraph 2 has been contested in accordance with the legislation of the Czech Republic, the Office shall immediately notify the competent foreign authority thereof.
Service of decisions imposing a fine or other penalty to an employer established in the Czech Republic and its enforcement
(1) The Office, at the request of the competent foreign authority, submitted on a single form in accordance with the procedure laid down in the directly applicable European Union80)
(a) deliver to an employer established in the Czech Republic a decision to impose a fine in another Member State of the European Union, sending an employee to work in the framework of the transnational provision of services in the territory of another Member State of the European Union; or
(b) ensure the enforcement of a final and enforceable decision given in another Member State of the European Union under the legislation of the Czech Republic.
(2) The Office shall, without undue delay, but not later than 1 month after receipt of the application referred to in paragraph 1, deliver to the employer established in the Czech Republic, sending a staff member to work in the framework of the transnational provision of services in the territory of another Member State of the European Union, a decision imposing a fine and shall deliver it in accordance with paragraph 1 (b). (b) a request for the recovery of a fine to the general tax administrator under a special law.
(3) The Office shall reject the application referred to in paragraph 1 if the application contains such formal or content defects for which it is to be considered as confusing or if it clearly does not comply with the relevant decision. The Office may refuse an application if it is clear that enforcement of a fine or other administrative penalty would be uneconomical.
(4) The fine imposed in another Member State of the European Union is the income of the State budget managed and enforced by the general tax administrator under another legislation. The enforceable decision of a foreign authority annexed to this application shall be an enforceable title.
(5) The Office shall inform the competent foreign authority without undue delay of:
(a) the actions taken following his request pursuant to paragraph 1 and the date of service of the decision;
(b) the reasons for refusing the application.
(6) If, following the application referred to in paragraph 1, a decision has been contested under the law of another Member State of the European Union in which the fine was imposed and the appeal affects the enforceability of the decision, the enforcement of that decision in the Czech Republic shall be suspended until the competent foreign authority has taken a decision on the matter.
(7) A fine imposed by a foreign institution in a currency other than the Czech koruna shall be transferred to the Czech koruna according to the foreign exchange market rates announced by the Czech National Bank for the date of imposition of the fine. "
The fifth part shall be renumbered as the sixth part.
Amendment of the Labour Code
Act No. 5 / 2011, Act No. 5 / 2011, Act No. 5 / 2011, Act No. 5 / 2011, Act No. 5 / 2011, Act No. 5 / 2011, Act No. 5 / 2011, Act No. 5 / 2008 Coll., Act No. 6 / 2008 Coll., Act No. 6 / 2009 Coll., Act No. 6 / 2009 Coll., Act No. 20 / 2009 Coll., Act No. 20 / 2009 Coll., Act No. 5 / 2010 Coll., Act No. 5 / 2010 Coll., Act No. 5 / 2010 Coll.
1. At the end of footnote 1, the sentence "Directive 2014 / 67 / EU of the European Parliament and of the Council of 15 May 2014 on the enforcement of Directive 96 / 71 / EC on the posting of workers in the framework of the provision of services and amending Regulation (EU) No 1024 / 2012 on administrative cooperation through the Internal Market Information System (IMI Regulation) 'is added.
2. In Paragraph 319, the following paragraph 3 is added:
"(3) For the payment of wages or salaries up to the amount referred to in paragraph 1 (a), points (b) and (c) shall apply. (c) employees of an employer from another Member State of the European Union seconded to work in the framework of the transnational provision of services in the Czech Republic shall be liable to whom, by virtue of a contract concluded, an employer established in another Member State of the European Union has seconded staff to perform the tasks arising from this Treaty, provided that:
(a) the remuneration for work up to the amount referred to in paragraph 1 (c) has not been paid by an employer established in another Member State of the European Union to staff seconded to work in the framework of the transnational provision of services in the Czech Republic;
(b) the employer referred to in point (a) has been fined in accordance with Article 13 (1) (b) or with Article 26 (1) (b) of Act No 251 / 2005 Coll., on Labour Inspection, as amended,
(c) that person was aware of the failure to pay the remuneration, or should have known and could have known when due diligence was paid.
If the actual duration of the work is not demonstrated, the staff member who was seconded to the Czech Republic for work in the framework of the transnational provision of services shall be deemed to have worked for 3 months. "
3. in Article 319 (3) (b):
"(b) the employer referred to in point (a) has been fined for an infringement pursuant to § 13 (1) (b) or § 26 (1) (b) of Act No 251 / 2005 Coll., on Labour Inspection, as amended,"
EFFECTIVE
This Law shall enter into force on the first day of the calendar month following its publication, with the exception of the provisions of Part One, I, point 3, which shall take effect on the first day of the calendar quarter following its publication and except for the provisions of point 3 of Part Three of Article IV which shall take effect on 1 July 2017.
Hamlet v. r.
Zeman v. r.
Sobotka v. r.
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Regulation Information
| Citation | Act No. 93 / 2017 Coll., amending Act No. 435 / 2004 Coll., on Employment, as amended, Act No. 251 / 2005 Coll., on Labour Inspection, as amended, and Act No. 262 / 2006 Coll., Labour Code, as amended |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 30.03.2017 |
|---|---|
| Effective from | 01.04.2017 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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