AMENDMENT TO THE LABOUR CODE – WHAT TO PREPARE FOR
On 12 September 2023, the Chamber of Deputies approved an amendment to Act No. 262/2006 Coll., the Labour Code, in its original wording. Two Senate amendments failed to pass. The amendment was signed by the president and published in the Collection of Laws on 19 September 2023 and comes into force on 1 October 2023. That is, with some exceptions (e.g. holiday agreements, uninterrupted weekly rest), which take effect on 1 January 2024.
Agreements for work outside an employment relationship (DPČ and DPP)
These agreements will see major changes aimed at bringing agreement-based work closer to an employment relationship and enhancing the rights of employees working under this arrangement.
The most significant change is the right of employees to paid leave. For leave purposes, a work week of 20 hours per week will be assessed. Under a four-week holiday entitlement, an individual working under an agreement gets 1/52 of 80 hours (20 x 4) for every 20 hours worked (including compensatory time), i.e. roughly 1.5 hours of holiday. According to the holiday formula:
number of whole hours worked in multiples of weekly working time/52 x weekly working time x annual leave
Entitlement begins after four weeks and at least 80 hours of service with the relevant employer. If the employee is not able to take the leave in their own time, the employer will compensate them for the leave after the end of work. Employees on agreements are also entitled to extra pay for weekend, holiday and night work, including compensatory leave. The employer must grant leave without pay to an individual working under an agreement in the case of obstacles on the employee’s side: a doctor’s visit, wedding, blood donation, etc.
The employer will now be obliged to inform an individual working under an agreement about the course of work and communicate the work schedule to them at least three days in advance, unless a different agreement is reached.
Individuals working under an agreement will now have the right to ask their employer to switch to a regular employment contract after 180 days of work. If the employer rejects the request, it must do so in writing with justification.
Moreover, individuals working under an agreement will be able to ask for the employer’s justification for termination. The employer will be obliged to inform the worker in writing without undue delay.
Work from home
Telework will only be possible by written agreement. An exception will be a situation in which telework is ordered in writing, which will be possible on the basis of a measure by a public authority for a strictly necessary period of time, if the nature of the work allows it and provided that the place of telework is suitable for the performance of the work.
Pregnant employees, employees caring for a child under the age of nine or those caring for a loved one who depends on their help will be able to apply for telework. If the employer rejects the application, it must justify its decision in writing. The termination notice period for a telework agreement will be 15 days. However, the parties may agree on a different length for the notice period.
Compensation for expenses will be possible either in the amount duly documented by the employee or in a lump sum according to the decree of the Ministry of Labour and Social Affairs. However, the employer and the employee may agree in writing in advance that the employee is not entitled to reimbursement of expenses in connection with the performance of telework.
Electronic delivery
Electronic delivery to an employee will only be possible if the employee consents to it in a separate written declaration. This consent may be rescinded at any time. The email address for this purpose must be private (i.e. it must not be the employee’s company email address). Delivery will be fulfilled either by the employee’s confirmation of delivery or after the expiry of the 15-day period from the date of delivery.
Similar rules apply to delivery by the employee to the employer. However, unlike the employer, the employee does not have to sign the report with a recognised electronic signature.
Information about the content of the employment relationship
Another innovation in the area of employer obligations is expanded information about the statutory rights and obligations arising for both the employer and the employee from the employment relationship, no later than seven days from the commencement of the employment relationship. In the event of changes, the obligation to inform shall arise at the latest on the day said changes take effect. Some information may be replaced by a reference to the relevant legislation, collective agreement or internal regulation.
Parental leave
The employee will be required to submit a written request for parental leave at least 30 days prior to taking parental leave.
Overtime work in the healthcare sector
The amendment allows physicians, dentists, pharmacists and non-medical healthcare workers to agree in writing with their employer to additional overtime work up to an average of eight hours per week, and for emergency medical service employees up to an average of 12 hours per week over a period of no more than 26 consecutive weeks (unless the collective agreement provides for a longer period, though no more than 52 weeks).
The employee shall not be compelled to perform the additional agreed overtime and shall not be subjected to any punishment for declining to do so.
Uninterrupted daily rest
The duration of continuous daily rest shall be guaranteed at a minimum of 11 hours in 24 consecutive hours. The criterion for granting this rest will no longer be the total time between the end of one shift and the start of the next, but a cycle of 24 hours.
However, the law takes emergency situations into account.
Uninterrupted rest during the week
The employee will be entitled to at least 24 hours of uninterrupted rest per week. Together with the continuous daily rest (11 hours), this comes to 35 hours.
However, the law allows for emergency situations.
