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Czech Republic Employment Law

 

 

FREQUENTLY ASKED QUESTIONS:

 

1.) What is a definition of an employee?

  • An individual who has agreed to be employed, under a contract of employment, to work for some form of payment

2.) How do you define an employment contract?

  • A written agreement stipulating the terms of employment between an employer and employee

3.) What does an employment contract need to contain?

  •  the type of work for which the employee will be engaged

  •  the place where the work will be performed

  •  the day the employee will take up his work

4.) Is there a legal requirement to provide an employee with a written contract and if so, when does this have to be provided?

  • Every employer is required to conclude an employment contract in writing except contracts lasting a term for less than one month where the employer is only recquired to conclude the contract in writing, if the employee so requests, or if the contract is with an employee who has been deprived (or restricted) in his capacity to perform acts in law

5.) How would you define a redundancy/economic dismissal?

  • An employee who leaves as a result of changes in organisation structure

6.) Procedure has to be followed in this case?

  • Notice must be written and sent to an employee and the employer has to help the employee to find another suitable job

7.) Laws against discrimination, types of discrimination?

  • Acording to the Labour code, in labour relations, there shall be no discrimination against employees  on grounds of race, colour, sex, sexual orientation, language, religious belief, religion, political or other conviction, membership or activity in political parties or political movements, trade union organisations and other assotiations, nationalities, ethnic origin or social background, propertz, family, state of health, age, family and marital status or family obligations.

  • Employers‘ conduct, which involves indirect discrimination ( where the consequences of such conduct are discriminatory ) are also prohibited.

8.) Definition of harassment?

  • Undesirable behavior of a sexual nature ( sexual harassment ) at the workplace if such conduct is unwelcome, unsuitable or insulting, or if it can be justifiably percieved by the party (participant) concerned as a condition for decisions affecting the exercise of rights and obligations ensuring from labour relations.

9.) What can an employee do about discrimination?

  • The employee may claim monetary compensation for this non-material detriment with the amount of compensation to be determined by a court, taking into account the severity of the detriment and the circumstances under which rights and obligations were infringed (breached).

 

10.) What is unfair dismissal?

  • The Employer gives an employee notice which is void, or terminates en employment relationship either immediately or during the probationary period in a manner which is void.

11.-12.) What can an employee do about it?

  • In the case of an unfair dismissal the employee notifies the employer that he insists on the employer continuing to employ him, such employee’s employment relationship persists and the employer stall pay him a compensatory wage. This wage shall be in the amount of his average earings.

13.-15.) Trade unions

  • Trade unions shall have the right to  take part in labour relations, including collective bargaining, under the conditions laid down by law. The Employer is obliged to inform and consult with competent trade union organisation important changes in his organisation, economic situation, work standards, etc.

16.) Can any individual from another country come and work in your country?

  • Yes, but he needs to prove that he was granted an employment permit and residence permit.

17.) Foreigner

  • An application for an employment permit shall be submitted by a foreigner together with a copy of his passport, authentificated copy of a document on his professional qualification and in some cases also a health certificate. An employment permit is issued by Labour Authority for a fixed period of time, however not exceeding one year and this permit is valid only for employment of the employer set forth in the decision.

18.-20.) Employer

  • An Employer shall submit an application for a permit to recruit employees from abroad to the Labour Authority in the area where the work of the future employee will be performed. The Employer shall document, how he has dealt with the lack of labour force, detailed characteristics of activity for which the foreigner will be hired and description of accomodation. During the term of employment, the foreigner is subject to labour law regulations, salary and tax regulations and regulations on general health insurance and social security.

21.-23.) Are employees protected in the event of a sale or a purchase of a business?

  • Yes, in the event of a sale or a purchase, the employees´ right and obligations ensuing from labour relations shall transfer to the full extent to the employer taking over the enterprize. The  hitherto employer´s  rights and obligations to his employees whose labour relations were terminated before or on the day of the transfer shall remain unaffected, unless other statutory provisions stipulate otherwise.

 

JUDr. Milan Kyjovský

Kyjovsjy, Blazek & Partners

Czech Republic