262/2006 Coll.
LAW
of 21 June 1999. April 2006
the labour code
Change: 585/2006 Sb.
Change: 181/2007 Sb.
Change: 261/2007 Coll. 296/2007 Coll., 362/2007 Coll., 357/2007 Sb.
Change: 116/2008 Sb.
Change: 121/2008 Coll., 126/2008 Sb.
Modified: 294/2008 Sb.
Change: 305/2008 Coll., 382/2008 Coll., 451/2008 Sb.
Change: 262/2006 Coll. (see 55/2010 Coll.)
Change: 320/2009 Sb.
Change: 326/2009 Sb.
Change: 286/2009 Sb.
Change: 306/2008 Coll., 462/2009 Sb.
Change: 347/2010 Coll., 377/2010 Coll., 427/2010 Sb.
Change: 73/2011 Sb.
Change: 180/Sb.
Change: 185/2011 Sb.
Change: 466/Sb.
Change: 341/2010 Coll., 364/2011 Coll., 365/2011 Coll., 367/2011 Coll., 429/2011
SB.
Change: 375/2007 Sb.
Change: 167/2009 Sb.
Change: 385/2012 Coll. 401/2012 Coll. 401/Sb 472/Sb.
Change: 155/Sb.
Change: 303/2013 Coll., 435/Sb.
Change: 101/2014 Sb.
Change: 182/2014 Sb 250/2014 Sb, 328/2014 Sb.
Change: 205/2015 Sb.
Parliament has passed the following Act of the United States:
PART THE FIRST
GENERAL PROVISIONS
TITLE I OF THE
THE SUBJECT OF THE EDIT AND THE DEFINITION OF LABOR RELATIONS
§ 1
This law
and regulates the legal relations arising) in dependent employment between
employees and employers; These relationships are relationships of labour law,
(b)) also regulates the legal relations of a collective nature and the promotion of mutual
the conduct of trade unions and employers ' organisations. Legal
the collective nature of the relations that are related to the performance of dependent work, are
labour relations,
c) incorporates the relevant provisions of the European Union ^ 1)
(d)) governs whether or not some legal relations before the onset of labor
relations under (a)),
(e)) provides for certain rights and obligations of employers and employees in
meeting mode temporarily work insured according to the law on
health insurance ^ 107) and some penalties for infringements.
§ 1a
the title launched
(1) the Sense and purpose of the provisions of this Act are expressed as well as the basic principles
labor relations, notably
and specific legal protection status) of the employee,
b) satisfactory and safe conditions for the performance of the work,
(c)) fair remuneration the employee
(d) proper performance of work by an employee) in accordance with the legitimate interests of the
the employer,
e) equal treatment of workers and the prohibition of discrimination.
(2) the principle of special legal protection status of the employee, the satisfactory
and safe working conditions for the performance of the work, a fair
the remuneration of employees, equal treatment of workers and the prohibition of
their values reflect the discrimination that protects public order.
§ 2
(1) the dependency of the work is the work that is being performed in a relationship of control
the employer and the employee on behalf of the employers of subordination, according to the
instructions of the employer and the employee to employer
personally.
(2) must be exercised dependent work for a wage, salary or remuneration for
the work, at the expense and responsibility of the employer, during working hours on
the workplace of the employer or at another agreed place.
§ 3
Dependent work may be exercised exclusively in the basic employment
the relationship, if it is not regulated by specific legislation. ^ 2) Basic
labour relations and employment legal relationships based
agreements on work performed outside an employment relationship.
§ 4
Labour relations are governed by this Act; If you cannot use this
law, is governed by the civil code, and always in compliance with the essential
the principles of industrial relations.
Section 4a
(1) the provisions of rights or obligations in labor relations
may be lower or higher than the right or obligation which lay down the
This Act or a collective agreement as at least or at most
permissible.
(2) in accordance with paragraph 1 may lead to divergent adaptation contract, as well as
internal regulation; to modify the obligations of employees, however, may occur only
the contract between employer and employee.
(3) the provisions referred to in § 363 may be departed from only in the
favor of the employee.
(4) if the employee gives up the right to him by this Act, the collective
agreement or internal regulations provides, to disregard it.
§ 4b
cancelled
§ 5
(1) The relations resulting from the exercise of public functions with this law
If it is expressly provided for, or if it provides for specific
the legislation.
(2) if it is a public function exercised in the employment relationship, the
the employment of this Act.
TITLE II
THE PARTIES FUNDAMENTAL LABOR RELATIONS
Part 1
Employee
§ 6
An employee is an individual who is committed to dependent employment
in the basic employment relationship.
Part 2
The employer
§ 7
The employer is the person for which the natural person committed to performance
dependent work in basic employment relationship.
§ 8
cancelled
§ 9
For the Czech Republic (hereinafter referred to as the "State") ^ 6) in labor relations
and the rights and obligations of employment relations exercises
organizational folder State ^ 7), on behalf of the State in the basic
employment relationship (section 3) of the staff it employs.
§ 10
cancelled
§ 11
The heads of employees of an employer shall mean employees who
are the individual stages of the procedure the employer may set
and save a child employees work tasks, organize, manage and
check their work and give them the purpose of binding guidelines.
The head of the employee is, or is deemed under the head
also the head of the organizational units of the State.
the title launched
§ 12
cancelled
TITLE III
cancelled
section 13 of the
cancelled
§ 14
cancelled
§ 15
cancelled
TITLE IV
EQUAL TREATMENT AND NON-DISCRIMINATION
section 16 of the
(1) employers are required to ensure equal treatment of all
employees in terms of their working conditions, remuneration for work
and the granting of other financial transactions and cash values on the
training and the opportunity to achieve a functional or other
promotion.
(2) in labor relations is prohibited any discrimination.
The concepts of direct discrimination, indirect discrimination, harassment, sexual
harassment, harassment, instruction to discrimination and incitement to
discrimination and cases where different treatment is acceptable, edits
anti-discrimination law ^ 108).
(3) the discrimination does not constitute a difference in treatment, if the nature of the
work activities shows that this difference of treatment is an essential
requirement necessary for the performance of the work; the purpose pursued by such exception
must be legitimate and the requirement is proportionate. Discrimination is also
not be regarded as measures designed to prevent or is justified by the
offset the disadvantages that result from nationality to natural persons
the group defined by one of the grounds mentioned in the anti-discrimination
the law.
§ 17
Legal means of protection against discrimination in employment relations
modifies the anti-discrimination law.
TITLE V OF THE
SOME OF THE PROVISIONS RELATING TO THE NEGOTIATIONS
section 18
If it is possible to interpret legal proceedings in different ways, it is the interpretation of the
the most favourable to the employee.
the title launched
§ 19
(1) the Court shall take into account, even without the motion for invalidity of legal proceedings to which the
has not been granted the prescribed consent of the competent authority, in cases where it
expressly provides for the law or special Act.
(2) if required by law, that legal action was with the competent authority
only discussed legal action cannot be declared invalid only from
the reason that this discussion has taken place.
(3) the invalidity of legal acts cannot be to the detriment of the employee,
If annulment has not caused solely by himself.
section 20
If no legal action has been taken in the form required by this law,
and if it has already started with the performance, it is not possible to the invalidity of this
the negotiations call for those negotiations, which arises or is changing the basic
employment relationship.
section 21
cancelled
the title launched
section 22
A collective agreement may be concluded only for employees Trade Union
the organization.
Article 23 of the
(1) in the collective agreement it is possible to modify the rights of employees in the
labor relations, as well as the rights or obligations of the
the parties to this agreement. The agreement in the collective agreement, which
employees impose obligations or shorten their rights provided for in
This Act, shall be disregarded.
(2) an employer may enter into a collective agreement, or more
employers, or one or more employers ' organisations on
the one hand, and one or more workers ' organisations on the other.
(3) a collective agreement is
and corporate,) concluded between an employer, or more
employers and trade unions or more trade unions
acting for the employer,
b) of higher degree, is concluded between the organization or organizations
employers ^ 10) and the Trade Union or trade unions.
(4) the procedure for the conclusion of collective agreements, including the resolution of disputes between
the Contracting Parties shall be governed by the law governing collective
^ 11) negotiation.
section 24
(1) a Trade Union concluded collective agreement also for employees
who are not unionized.
(2) if the employer more trade unions, must
employer negotiations to conclude collective agreements with all trade unions
organisations; the trade unions Act and act with legal
the consequences for all the employees together and by mutual agreement,
unless otherwise agreed between you and the employer otherwise.
§ 25
(1) a collective agreement is binding on the Contracting Parties.
(2) a collective agreement is binding for
and employers who are) members of employers ' organizations, which
has entered into a collective agreement of a higher degree, and for employers who
during the term of the collective agreement of employers ' organizations
speakers,
(b)), for which the employee has entered into a collective agreement, the Trade Union
organisations or trade unions,
(c)) for trade unions, which has concluded a collective agreement of a higher
the degree of Trade Union.
(3) an employee has the right to submit to the Contracting Parties to the collective agreement
initiatives for collective bargaining for a collective agreement and has the right to be
informed of the progress of the negotiations.
(4) the rights which arose from the collective agreement, individual employees,
apply and satisfying as other rights of employees from work
employment or contracts for work performed outside an employment relationship.
section 26
(1) a collective agreement may be concluded for a fixed period or for a period of
an indefinite period. If the expiry of the period in the first sentence shall be bound to meet the
the terms of the collective agreement must contain the latest period of her
efficiency. A collective agreement can be terminated at the earliest after
a period of 6 months from the date of its effectiveness. The notice period is at least 6
months and begins on the first day of the month following the delivery of the notice
the other Contracting Party.
(2) the effectiveness of the collective agreement begins on the first day of the period to which
a collective agreement was concluded and ends with the expiry of that period,
If the period of effectiveness of certain rights or obligations is not in the collective
the treaty negotiated by way of derogation.
(3) upon termination of the collective agreement by the Contracting Parties, acting under the
the employee will end no later than the last collective bargaining agreement effectiveness
day of the following calendar year.
section 27 of the
(1) to the agreement the collective agreement, which govern the rights of the
labor relations of employees to a lesser extent than the collective
a greater degree of agreement, shall be disregarded.
(2) a collective agreement must be in writing and signed by the
Parties to the same document, or to her account.
section 28
(1) a collective agreement can not be replaced by another agreement.
(2) it is not possible to seek the relative ineffectiveness of the collective agreement.
(3) a collective agreement is not possible to cancel the withdrawal of one of the Contracting
of the parties; agree-if the Contracting Parties the right to withdraw from the collective
the Treaty, to disregard it.
section 29
The Contracting Parties to the collective agreement are obliged to with the content of the collective
the Treaty meet the employee not later than within 15 days of its conclusion.
The employer is obliged to ensure that the collective agreement
accessible to all its employees.
PART TWO
THE EMPLOYMENT RELATIONSHIP
TITLE I OF THE
PRE-EMPLOYMENT RATIO
section 30
(1) the selection of individuals seeking employment in terms of
qualifications, the necessary requirements or special ability is in
the scope of the employer, unless the special rule
prescription ^ 12) another procedure; asked by special legal prerequisites
regulations of the individual as an employee are not affected.
(2) the employer may require in connection with the hearing before the
employment from the physical person who is applying for a job, or
from other people just information, directly related to the closure of
a contract of employment.
section 31
Before signing an employment contract, the employer must meet
a natural person with the rights and duties of working for her
of the Treaty, or of the appointment to the post emerged with
working conditions and conditions of remuneration for which the work to take place,
and obligations which derive from the special legislation
relating to the work, which is to be the subject of an employment relationship.
§ 32
In the cases provided for in special legislation, the employer is
required to ensure that a natural person before signing an employment contract
She submitted an initial medical examination.
TITLE II
EMPLOYMENT, A CONTRACT OF EMPLOYMENT AND THE CREATION OF EMPLOYMENT
§ 33
(1) employment is determined by the contract of employment between the employer and
employee, unless this Act provides otherwise.
(2) If a special law or the articles of Association, Trade Union
organization or organization of employers under a special legal
regulation require in order to fill a post held
the choice of the competent authority, shall be deemed to be elected as a prerequisite,
preceding the negotiation of employment contracts.
(3) the appointment of the head of the working place is determined by employment in the
cases stipulated by special legislation ^ 16a); unless otherwise specified in this
a special law, the employment relationship shall be based only on appointment
the head of the
and organizational units of the State) ^ 7),
(b)) the organizational unit organizational units of the State,
(c)) the organizational unit of the State Enterprise ^ 13),
(d)) the organizational unit of the State Fund ^ 14)
e) contributory Organization ^ 15),
f) organizational unit of the subsidised organisations,
(g)) the organizational unit in the police of the Czech Republic ^ 16).
(4) the appointment under paragraph 3 does one who is competent to do so
under special legislation ^ 16b); unless the jurisdiction to
the appointment of a special legal regulation, guide them through the head
and organizational units of the State) ^ 7) leading the parent organizational unit
State,
(b)) the organizational unit organizational units of the State leaders of this
organizational units of the State ^ 7),
(c)) the organizational unit of the State enterprise, the Director of the State Enterprise ^ 13),
(d)) the organizational unit of the State Fund, headed by an individual
statutory authority, the head of the Fund ^ 14)
e) founder, contributory organization
f) organizational unit of the subsidised organisations ^ 15) leading to this
contributory organization
(g)) the organizational unit in the police of the Czech Republic ^ 16) police
the President of the.
§ 34
(1) the employment contract must contain
and the kind of work that) the employee for the employer,
b) place or places of work, in which the work is to be referred to in point (a)
a) exercised,
(c)) date of commencement of work.
(2) the employment contract must be concluded in writing.
(3) If an employee does not compete in the agreed to work without him
prevent the obstacle in the job, or an employer within a week (article 350a)
know about this hazard, the employer may from a contract of employment
to withdraw.
(4) From the employment contract, it is possible to withdraw only as long as an employee
walk over to work. For withdrawal from a contract of employment is required
compliance with the written form, otherwise it shall be disregarded.
(5) each party must receive a copy of the work
of the Treaty.
§ 34a
If it is not agreed in the contract for the purposes of the regular workplace
travel expenses, the regular workplace is the place of performance
the work agreed in the contract. However, if the place of work
more than one agreed the municipality, it is considered regular workplace
the municipality, in which the most often begin with the way an employee for the purpose of
work. Regular workplace for the purposes of travel expenses shall not be
more than one agreed the municipality.
§ 34b
(1) employees in employment shall be allocated to the work to the extent
fixed weekly working hours, with the exception of working time accounts (section 86 and
87).
(2) an employee in the next basic employment relationship on the same
the employer must not engage in work that are just generically
defined. For the employer, which is the State, the first sentence shall apply only if the
If it is about the performance of the work in the same organizational folder State.
§ 35
The trial period
(1) If a probationary period cannot be longer than
and) consecutive 3 months from the date of employment (section 36),
(b)) 6 months consecutive from date of employment (section 36) for
the head of the employee.
(2) test time can be arranged also in connection with the appointment of
the head of the working place (§ 33 para. 3).
(3) test time can be arranged not later than on the day, which was agreed
as the date of commencement of the work, or on the day that he was listed as day
appointment to the post of the head.
(4) the probationary period shall not be extended retrospectively. By the time of
day obstacles at work, for which the employee does not take place for a job in
during the trial period, and the period of a day's holiday, however, the trial
period is extended.
(5) the trial period shall not be required to be longer than half of the agreed
the duration of the employment relationship.
(6) the trial period must be in writing.
section 36
Creation of employment
The employment relationship arises on the date that has been agreed in the contract as a
the day of the commencement of employment or on the date that was listed as on the day of the appointment
working place of the head.
§ 37
Information about the content of the employment relationship
(1) If a contract of employment does not include information about rights and obligations
arising from employment, the employer is obliged to staff
notify in writing about them, and at the latest within 1 month of the occurrence of
the employment relationship; This also applies to changes to these data. The information must
contain
and) the name or first and last name of the employee, and the name and address of the
the employer is a legal person, or the name or names and
last name and address of the employer is a natural person,
(b)) and indicate the type of closer to the place of work,
(c) an indication of the length of the holiday), where appropriate, an indication of the determination of the holiday,
(d)) the notice periods,
e) indication of weekly working time and its layout
f) indication of the wage or salary and remuneration due wages or
payday salary, wages or salary, the place and manner of payment of wages
or salary,
g) indication of the collective agreements that govern the working conditions
employees, and indication of the parties of the collective agreements.
(2) If an employer Sends employees to work in the territory of another
the State is obliged to inform in advance about the expected duration of the
This posting and the currency in which he will be paid wages or salary.
(3) the information referred to in paragraph 1 (b). (c)), d) and (e)) and in paragraph 2,
regarding the currency, in which the employees will be paid wages or salary,
may be replaced by a reference to the relevant law, collective
contract or internal regulations.
(4) the obligation to inform the employees about the fundamental rights and
obligations arising from employment shall not apply to
employment for less than 1 month.
(5) the commencement of employment, the employee must be working
regulations and with legal and other regulations to ensure the safety and
the protection of health at work, which must adhere to in their work. Employee
they must also be familiar with the collective agreements and internal regulations.
§ 38
The obligations arising from the employment relationship
(1) since the inception of the employment relationship is
and) employers shall assign employees work according to work
the contract, to pay him for work done a wage or salary, to create conditions
for the performance of its work and to comply with other conditions
provided for by legislation, contract or laid down by the internal
by-law,
b) employee shall follow the instructions of the employer be held personally works
According to the employment contract in the next weekly working time and comply with the
the duties arising from employment.
(2) For employment based on labour's nomination of the provisions
the ratio of the agreed contract.
(3) an employer is required to submit the Trade Union within the time limits
agreed report on newly emerging employment relationships.
§ 39
Employment for a definite period
(1) employment for an indefinite period, unless explicitly agreed
its duration.
(2) the period of employment for a specified period between the same Contracting
the parties may not exceed 3 years from the date of the first working
the ratio for a definite period may be repeated more than twice. For repeat
employment for a definite period will be considered as well as its
extension. If after the end of the previous employment for
a period of 3 years has elapsed, to the previous position for a period of
a given between the same parties shall be disregarded.
(3) the provisions of paragraph 2, without prejudice to the procedure under special laws
regulations, when it is assumed that the employment relationship can only take after
some time ^ 17).
(4) if the employer made serious operational reasons or reasons
involving the special nature of the work, on the basis of not
employers may require that employees fairly, that has this
work, suggested the establishment of an employment relationship of indefinite duration,
does referred to in paragraph 2, provided that a different procedure will
reasons for reasonable and written agreement of the employer with the Union
adjusts
and more specific indication of these reasons),
(b) another procedure) rules of the employer when negotiating and repetition
employment for a definite period,
(c)), employees of the employer which the circuit will cover a different procedure,
(d)) the period for which the agreement is concluded.
Written agreement with the trade union organizations, it is possible to replace the internal
provision only in the event that the employer does not trade union
the Organization; internal regulations shall include the elements listed in the sentence
the first.
(5) If an employer negotiate the duration of the employment relationship with the employee on
for a definite period contrary to paragraphs 2 to 4, and told the employee
before the expiry of the agreed period, in writing to the employer that insists on
to him, employed, it is a contract of employment for a period of
an indefinite period. The proposal to determine whether the conditions referred to in
paragraphs 2 to 4, the employer and the employee filed with the Court
not later than 2 months from the date on which the employment relationship had come to an end
the expiry of the agreed period.
(6) the provisions of paragraph 2 shall not apply to the employment contract establishing
employment for a definite period agreed between the agency work ^ 18) and
an employee for the purpose of employment with another employer (section 307a,
308 and 309).
TITLE III
CHANGES TO THE EMPLOYMENT RELATIONSHIP
section 40
General provisions
(1) the content of the employment contract can be changed only if the parties agree
the employer and the employee. For a change of employment
is also considered the appointment of the head of work place according to § 33 para.
3, which occurs after the establishment of the employment relationship.
(2) the work of a different kind or in a place other than were agreed upon in the
the contract of employment, the employee is obliged to only in the cases referred to in
This Act.
(3) the provisions of section 37 shall apply mutatis mutandis here.
Transfer to another job, the business trip and transfer
§ 41
Transfer to another job
(1) the employer is obliged to transfer the employee to another job,
and if an employee) because of their State of health according to the
the medical report issued by the provider of occupational health services
or a decision of the competent administrative authority, which medical opinion
review the eligibility in the long term, held on the work,
(b)) not according to the medical report issued by the provider
occupational health services or the decision of the competent administrative authority,
the medical opinion review, then do the work for
an accident at work, occupational disease or risk for the
disease, or reached a workplace designated by the
authority to protect public health, maximum exposure ^ 19),
(c)) If a pregnant employee, who is breastfeeding, or
employee-mother to the end of the ninth month after childbirth the work you
These workers may not be employed, or that according to medical
opinion threatens her pregnancy or maternity,
(d)) if it is necessary, according to the medical report issued
provider of occupational health services or the decision of the competent
authority to protect public health in the interest of protecting the health of other physical
people against infectious diseases,
e) if it is necessary by a final decision of a court or
administrative authority, other State authority or local
Government body,
f) If an employee is working at night on the basis of medical opinion
issued by the occupational health service provider unfit
for night work,
(g)) if so requested by the pregnant employee, who is breastfeeding,
or employee-mother to the end of the ninth month after childbirth, which
working at night.
(2) the employer may transfer the employee to another job,
and if employees) gave notice of termination for the reasons mentioned in section 52 (a). f) and (g)),
(b)) If criminal proceedings are initiated against the employee on suspicion of
intentional crime committed in the performance of work or in
direct connection with him, to the detriment of the employer's assets, the
time to final completion of the criminal proceedings,
(c) if the employee) to temporarily set out special assumptions
the law for the performance of the agreed work, but in this case,
not more than a total of 30 working days in a calendar year.
(3) if it is not possible to achieve the purpose of the transfer referred to in paragraphs 1 and 2
by converting the employee under a contract of employment, the employer
convert in these cases on the work of another kind, than was agreed in the
the contract of employment, even if the employee did not agree with it.
(4) the employer may transfer the employee without the consent of the time
necessary needs for a different job than was agreed, if it is
necessary to avert an emergency, natural disaster or other
potential accident or mitigate its immediate aftermath, and on
as long as necessary.
(5) If an employee is unable to perform work for downtime or interruption of
work due to adverse weather conditions, it can
the employer to transfer to another job, than was agreed in the work
the contract, just in case that the employee agrees with the transfer.
(6) when transferring employees to other work referred to in paragraphs 1 to 3
the employer is obliged to take account of the fact that this work was for him
appropriate given his State of health and abilities and, if possible,
to his qualifications.
(7) the employer is obliged to negotiate with the employee the reason
transfer to another job and the time you want to convert to take;
When converting the employee to change the employment contract, it is
employer must issue him written confirmation of the reason for converting to
other work and the period of its duration, except in the cases referred to in paragraph
2 (a). (c)) and in paragraph 4.
§ 42
The work path
(1) travel means posting the employee lifecycle
by the employer to perform duties outside the agreed place of performance of the work.
The employer may send out an employee for a period appropriate to the
a work path on the basis of agreement with him. An employee at work
the way work takes place according to the instructions of the head of him on
the working path.
(2) if the employer of the employee at the work path to fulfillment
their tasks to other organizational units (for another employer), you may
appoint another Manager (another employer), to
employees gave instructions to work or his work organized,
directed and controlled; in the credentials you need to define its scope. With
mandate, according to the first sentence shall be available to the employee. The head of the
employees of another employer to an employee, however, cannot on behalf of
the posting employer legally Act.
§ 43
Cross-dock
(1) to translate the employee to work in another location than was
agreed upon in the contract, is possible only with the consent and under the
the employer, if it necessitates its operational need.
(2) the Working tasks of the translated version of the employees of the stores, his work
organizes, directs and controls and instructions he gives for this purpose by the competent
senior employee of the organizational units (unit), on whose place of work
the employee has been transferred.
§ 43a
Temporary allocation
(1) the agreement on the temporary assignment of an employee to another employer may
employer with this employee to close soon after 6
months from the date of employment.
(2) for the temporary assignment of employees to other employers must not be
provided by remuneration; This does not apply in respect of reimbursement of the costs that were
incurred under paragraph 5.
(3) the agreement must include the name of the employer, if the legal
the person, or the name or first and last name of the employer, if the
a natural person, to which the employee is temporarily assigned, day
a temporary assignment, the type and place of work and the period for which
the temporary allocation agreed. In the agreement may be agreed upon, regular
workplace for the purposes of travel expenses; the provisions of § 34a is not
without prejudice to the. The agreement must be concluded in writing.
(4) during the temporary assignment of employees to perform work to another
the employer saves on behalf of the employer, employees that
employee temporarily assigned, work tasks, organises, manages and
checks his work, giving him the purpose of binding guidelines, creating
favorable working conditions and ensures the safety and health at
the work of the employer, that the employee was temporarily assigned. This
the employer shall temporarily assigned employees to legally Act
on behalf of the employer that the employee seconded.
(5) during the temporary assignment provides employees a wage or salary,
where travel expenses that the employee, the employer may temporarily
assigned.
(6) the working and wage or salary employees temporarily
allocated to other employers shall not be worse than or
the conditions of the comparable employee of the employer, which is
an employee temporarily assigned.
(7) the provisional allocations referred to in paragraphs 1 to 5 shall end on the expiration of the period
which was agreed. Before this period ends with the temporary allocation
by agreement of the parties to a contract of employment or termination of the agreement on
temporary assignment for any reason or no reason, with
a 15-day notice period, beginning on the day on which the notice of termination
delivered to the other Contracting Party. The agreement on the termination of the secondment
or termination of this agreement must be in writing.
(8) the modification of the temporary assignment is forbidden to use the Agency
employment.
(9) the adjustment of secondment shall not apply in cases of deepening
or upskilling ^ 110).
Common provisions on changes of employment and return to work
§ 44
Fall away if the reasons for which the employee has been transferred to another job
or has been transferred to a different location than was agreed, or if it has expired
the time at which this change was negotiated, the employer is obliged to
classified employee by a contract of employment, unless it agrees with him on the
change in the employment contract.
§ 45
If so requested by the employee to transfer to another job or workplace
or transfer to another place, because according to the recommendations
the occupational health service provider is not suitable to continue
previous work or worked at a previous workplace, employer
is obliged to allow him, as soon as it allows its operational capabilities.
Work and workplaces, the employees transferred, they must be
the employee is appropriate.
§ 46
If the employer of the employee to another job before matches
the contract of employment, and the employee disagrees with such a measure, it may
to convert only the employer, after consultation with the trade unions.
Consultation is not necessary, if the transfer does not exceed a total period of 21
working days in a calendar year.
§ 47
If an employee takes after the end of the exercise of public functions or activities
for the Trade Union, for which it has been released in the scope of work
on, or after the end of military exercises or extraordinary military
exercise or employee after the end of maternity leave or
the employee after the end of parental leave in the range of time that
the employee is entitled to take maternity leave, to work, or
will the employee to work after the end of temporary work
incapacity or quarantine, the employer is obliged to include them in the
their original work and of the workplace. If this is not possible because the original
the work has fallen off or workplace has been cancelled, the employer must
classify them according to the employment contract.
TITLE IV
TERMINATION OF EMPLOYMENT
Part 1
General provisions on termination and termination of employment
§ 48
(1) employment may be terminated only
and agreement)
(b)) notice
c) immediate termination,
d) cancellation of the trial period.
(2) employment for a fixed period ends also expires.
(3) the employment of a foreigner or stateless individuals,
If not already done in another way, the ends
and the date on which it has) to end their stay on the territory of the Czech Republic according to
an enforceable decision on the revocation of a residence permit,
(b)), the date on which the judgment became legally valid requiring such persons
the penalty of expulsion from the territory of the Czech Republic,
(c)) on the expiry of which it was issued work permit ^ 20),
employee card or a long-term residence permit for the purpose of
the performance of highly qualified employment.
(4) the employment ceases with the death of the employee. Termination of employment in the
the case of the death of an employer who is a natural person, regulates § 342
paragraph. 1.
Part 2
The agreement
§ 49
(1) agreement between the employer and the employee on the termination of
the ratio of, the agreed date the employment ends.
(2) the agreement on termination of employment must be in writing.
(3) each party must receive a copy of the agreement on
termination of employment.
Part 3
Notice, the period of notice and notice the reasons for the
Section 1
Notice of termination
§ 50
(1) termination of employment must be in writing, otherwise it
not taken into account.
(2) the employer may give notice to the employee just because of an explicitly
provided for in § 52.
(3) an employee may give the employer notice of termination for any reason
or without giving a reason.
(4) If an employer Gives notice to the employee (section 52), the reason in the
the dismissal of the facts to define, so that it can not be confused with another
the reason for this. The reason for the termination must not be subsequently changed.
(5) the Statement may be withdrawn only with the consent of the other party;
the appeal notice and consent to its appeal must be in writing.
§ 51
(1) has been given a notice of termination of the employment relationship ends, the expiry of the notice
of the times. The notice period must be the same for both employers and employees, and
shall be at least 2 months, except arising from § 51a. The period of notice
may be only extended the contract between employer and employee;
This agreement must be in writing.
(2) the notice period begins on the first day of the calendar month following
after delivery of the notice and ending on the expiry of the last day of the
calendar month, with exceptions arising from § 51a, § 53 para. 2, §
54 (b). (c)) and section 63.
§ 51a
If the termination by the employee in connection with the transition
the rights and obligations of labor relations or the exercise of rights
and obligations of employment relations, the employment relationship ends
no later than the day preceding the effective date of the transfer of rights and
obligations of labor relations or the effective date of the transition
exercise of the rights and obligations of labor relations.
Section 2
Notice given by the employer
§ 52
The employer may give notice to the employee only for these reasons:
and if) eliminates the employer or part thereof,
(b)) If an employer transfers all or part of
(c)) becomes an employee redundant in view of the decision of the
the employer or the competent authority to change its tasks, technical
facilities, to reduce staff in order to enhance the effectiveness of
work or other organizational changes,
(d) If an employee), according to the medical report issued
provider of occupational health services or the decision of the competent
administrative authority which reviews the medical opinion, then do
the work for an accident at work, occupational disease or
risk for the disease, or if the specified in the workplace
by decision of the competent authority to protect public health, the highest
permissible exposure,
(e) If an employee) because of their State of health according to the
the medical report issued by the provider of occupational health services
or a decision of the competent administrative authority, which medical opinion
review, the long-term medical fitness
(f) where a staff member) does not meet conditions laid down by the legislation for the
the performance of the agreed work or if through no fault of the employer
the requirements for the proper performance of this work; If these nesplňování
requirements in the unsatisfactory work results, it is possible for employees
for this reason, give notice, only when the employer at the time of
the last 12 months in writing is prompted to remove them and the employee
It is within a reasonable time, the surgeon,
(g)) if the employee made the reasons for which the employer
may immediately terminate the employment, or for a serious breach of
the obligations arising from legislation relating to the
an employee of the work performed; for less serious violations
the obligations arising from legislation relating to the performed
work is able to give notice to the employee, if he was at the time of the last
6 months in connection with the breach of the obligations arising from legal
provisions relating to work performed in writing notified the
the possibility of termination,
h) If an employee violates a particularly gross manner other obligation
staff provided for in § 301a.
Section 3
Prohibition of dismissal given by the employer
§ 53
(1) prohibited to give notice to the employee at the time of the trade, it is
a) at the time when the employee is temporarily unable to work, if you
This inability to intentionally lose one or None if this inability to
as an immediate result of intoxication or abuse of staff
substance abuse, and at the time of the submission of the proposal on constitutional treatment, or
Since the advent of spa treatment until the date of their completion; When the disease
tuberculosis is the term of protection to be extended by 6 months after release
of constitutional processes,
(b)) in the performance of military exercises or extraordinary military exercise
the date on which the employee received call-up was for performance
These exercises, until the expiry of two weeks after his release from these
exercise,
(c)) at the time when the employee is fully unloaded in the long term for the exercise of public
function,
(d)) at the time when the employee is pregnant or when the employee draws
maternity leave, or when the employee or an employee receiving
parental leave,
(e)) at the time when the employee who works at night, recognized on the basis of
the medical report issued by the provider of occupational health services
temporarily unfit for night work.
(2) has been given a notice to the employee before the beginning of time, so protection
that the notice period should elapse in time, the term of protection to the
the period of notice shall not be counted; employment ends before the expiry of the
the remaining part of the period of notice after the end of the protection period, unless the
an employee shall notify the employer that the prolongation of the employment of
does not last.
§ 54
Prohibition of dismissal under section 53 shall not apply to testimony given by employees
and) organizational changes referred to in section 52 (a). a) and (b)); This does not apply in
If organizational changes referred to in section 52 (a). (b)), if the
the employer moves within the site (s) of work, in which
work is to be performed according to the employment contract,
b) organizational changes referred to in section 52 (a). (b)); This does not apply in the case of
a pregnant employee, which draws on maternity leave,
or employee at the time when take parental leave until after
that a woman is entitled to take maternity leave,
(c)) of the reason for which an employer may immediately terminate the employment
ratio, unless it's an employee on maternity leave or on
the employee at the time of parental leave to the period for which it is
woman is entitled to take maternity leave; If it was given to an employee
or employees because of this testimony before the onset of the parent
leave (parental leave) so that the notice period expired in
the time of maternity leave (parental leave), ends up notice
at the same time with the maternity leave (parental leave),
(d)) for other violations of the obligations arising from legislation
relating to work performed [section 52 (a) (g))] or any other
the employee's obligations provided for in § 301a particularly gross manner [section 52
(a). h)]; This does not apply in the case of pregnant workers, workers
drawing on maternity leave, or the employee or worker,
who take parental leave.
Part 4
Immediate termination of employment
section 55
Immediate termination of employment by the employer
(1) an employer may, exceptionally, immediately terminate the employment only
at that time,
and if the staff member) was convicted for an intentional criminal offence to
imprisonment for more than 1 year, or
If convicted for an intentional criminal act committed in the performance of
work tasks or in direct connection with the jail sentence
deprivation of liberty for a period of at least 6 months,
(b) If an employee) has violated the obligation arising from legislation
relating to the work performed by a particularly gross manner.
(2) the employer shall immediately terminate the employment relationship with a pregnant
workers, workers on maternity leave, an employee or
workers who take parental leave.
§ 56
Immediate termination of employment by an employee
(1) an employee may immediately terminate the employment only if,
and) according to the medical report issued by the provider of occupational health
services or the decision of the competent administrative authority of the medical
testimonial review, can no longer perform work without serious threat to their
health and the employer did not allow him in the time of 15 days from the date of submission of the
This opinion of the performance of other suitable work for him, or
(b)) the employer his unfulfilled wage or salary or wage compensation
salary or any portion thereof within 15 days after the expiry of the period
due date (§ 141 para. 1).
(2) employees who immediately canceled the contract of employment, it is the responsibility of the
employer to pay wages or salary of the average earnings per
time, which corresponds to the length of the notice period. For the purposes of wage compensation
salary shall apply section 67 para. 3.
section 56a
Immediate termination of employment legal guardian
employee
(1) the legal representative of a minor employee, who has not attained the age of 16
years, you may immediately terminate the employment of a minor employee, if
This is necessary in the interest of education, development or health of that employee. To
force immediate termination of employment of a minor employee
According to the first sentence requires consent of the Court.
(2) the legal representative is required to deliver a copy of the immediate cancellation of the
employment and the consent of the Court for minor employees.
Part 5
Common provisions on termination of employment
§ 57
(1) for violation of other obligations of employees set out in § 301a separately
gross manner [§ 52 h)] may give the employer
statement only within 1 month from the date on which the reason for dismissal
learned, but not later than 1 year after the date on which such a reason for dismissal
originated.
(2) if in the course of one month referred to in paragraph 1 of the negotiations
the employee, in which can be seen as a violation of the mode temporarily work
insured, under investigation by another authority, it is possible to give
notice within one month from the date on which the employer learned of
the outcome of this investigation.
§ 58
(1) for violation of the obligations arising from legislation
relating to work performed, or because of, for which it is possible to
immediately terminate the employment, the employer can give employees
notice or immediately terminate the employment only within 2 months from
the day on which the reason for dismissal or for the immediate termination of
ratio, and for violation of the obligations arising from the employment
employment in a foreign country within 2 months after his return from abroad, but not later than
always within 1 year from the date on which the reason for dismissal or for immediate cancellation
the employment relationship arose.
(2) if in the course of two months referred to in paragraph 1 of the negotiations
the employee, in which you can see here a breach of the obligations arising
of the legislation relating to work performed, subject to
the investigation of another body, it is possible to give notice or immediately terminate the
Yet employment within 2 months from the date on which the employer learned
the outcome of this investigation.
§ 59
An employee may immediately terminate the employment only within 2 months from
the day on which the reason for immediate cancellation, within 1 year
the date on which this arose.
section 60
In the immediate termination of employment and the employee, the employer shall
in fact define its reason so that it can not be confused with the other.
Referred to the reason must not be subsequently changed. Immediate termination of
the ratio must be in writing, otherwise it shall be disregarded.
§ 61
(1) termination or immediate termination of employment, the employer is
obliged to negotiate with the trade unions.
(2) in the case of a member body of trade union organisations, which operate in
the employer, at the time of his term, and in the time of 1 year after its
the end is to testify or for immediate termination of employment
the employer shall ask for the prior consent of the Trade Union.
Under the previous agreement shall, if a trade union organization
the employer refused to grant approval within 15 days from the
the date on which it was requested by the employer.
(3) the employer may use the consent referred to in paragraph 2 within a period of only 2
months of the grant.
(4) If a Trade Union has refused to grant consent under paragraph
2, are to give evidence or immediate termination of employment because of this
invalid; However, if the other conditions of dismissal or an immediate
cancellation of the met and the Court in a dispute under section 72, finds that the employer
cannot reasonably be required to continue to be employed, the employee is
notice of termination or immediate termination of employment is valid.
(5) with other cases of termination of employment, the employer is
required to meet the Trade Union within the time limits agreed with her.
Part 6
Collective redundancies
§ 62
(1) collective redundancies "means the termination of employment relationships in the
period of 30 calendar days on the basis of the testimony given by the employer of the
the reasons mentioned in section 52 (a). and, at least) to c)
and) 10 employees at an employer employing from 20 to 100
employees,
b) 10% of employees at an employer employing from 101 to 300
employees, or
(c)) 30 employees at an employer employing more than 300
employees. If, under the conditions referred to in the first sentence of the working
the ratio of at least 5 employees, does the total number of
the staff referred to in points (a) to (c))), a staff member with whom the
the employer he untied the employment relationship in this period, for the same reasons
by the agreement.
(2) before a telephone notice to individual employees, the employer is
shall, in a timely manner of its intention, not later than 30 days in advance, in writing
to inform the Trade Union and the Works Council; It is also required to
to inform about the
and the reasons for the redundancies,)
(b)) the number and composition of professional staff to be made redundant;
(c)) on the number and professional composition of all employees who are
the employer employed,
(d)) the time in which the collective redundancies take place,
e) aspects of the proposed for the selection of the employees to be
made redundant,
f) severance pay, where applicable, the additional rights of the redundancies.
(3) subject to negotiations with the trade unions and Works Council is
to achieve compliance, in particular, on the measures taken to prevent or
restrictions on collective redundancies, mitigate its adverse consequences for
employees, especially the possibility of their inclusion in suitable employment
to other workplaces of the employer.
(4) the employer is also obliged to inform the regional
a branch office of the work according to the place of activity of the employer
the measures referred to in paragraphs 2 and 3, in particular, of the reasons for these
the measures, based on the total number of employees, the number and structure of the
employees covered by these measures, the period in which
during collective redundancies, occurs on the proposed characteristics for
the selection of employees to be made redundant and the opening of negotiations with the Union
organisations and with the Works Council. A copy of the written information
be served on the employer and the Trade Union works Council.
(5) the employer shall demonstrably deliver the Regional Branch Office
work place activities the employer a written report on
the decision on collective redundancies and the results of the negotiations with the
the trade unions and with the Works Council. The report shall also
indicate the total number of employees and the number of professional staff, and
concerned by the redundancies refers to. A copy of this report will deliver
the Trade Union and the Works Council. The trade union organization and the Council of
employees have the right to a written report of the employer alone
Express and deliver this regional branch of the Labour Office
According to the place of activity of the employer. The employer, on which the
decision on bankruptcy ^ 21a) is required to deliver the regional branch
The Labour Office a written report only on request.
(6) in the event that the employer is not set up or operate a Trade Union
organization or Council employees, the employer is obliged to fulfill the
the obligations referred to in paragraphs 2 to 5 with respect to employees whose
redundancies refers to.
(7) the employer is obliged to inform employees of the day of receipt of the written
the regional branch office of the employer's report of the work pursuant to section 63.
§ 63
The employment of the employee shall terminate by notice transmitted in bulk
soon as possible after the expiry of the 30 consecutive days from the receipt of the written
the message of the employer pursuant to § 62 para. 5 regional branch Bureau of labor
the place of activity of the employer, unless an employee
declares that the extension of the employment relationship does not last. This does not apply,
If there was a decision on bankruptcy ^ 21a) employer.
§ 64
The provisions of § 62 and 63 shall also apply to cases where the bulk
the dismissal ruled competent authority [section 52 (a) (c))].
Part 7
Other cases of termination of employment
§ 65
Termination of employment for a specified period
(1) employment for a definite period may end up also the other ways
referred to in § 48 para. 1, 3 and 4. If the duration of the work
the ratio shall be limited to the time at which certain work, the employer must
notify the employee of the termination of such work in time, usually at least
3 days in advance.
(2) If an employee Continues after the expiry of the agreed period (section 48 (2)) with
the knowledge of the employer further in doing the work, that this is a
employment for an indefinite period.
§ 66
Termination of employment on probation
(1) the employer and the employee may terminate the employment relationship in the test
time for any reason or no reason. The employer shall not
the trial period terminate the employment relationship at the time of the first 14 calendar
days in period 1. January 2012 to 31. December 2013 at the time of the first 21
calendar days of temporary incapacity (quarantine)
employee.
(2) for the termination of employment on probation shall require the written
form, otherwise it shall be disregarded. The employment will end on the date of delivery of the
cancellation, unless its a date later.
Part 8
Severance pay
§ 67
(1) employees, for which there is a termination
given by the employer for reasons mentioned in section 52 (a). a) to (c)), or
Agreement for the same reasons, it is the responsibility of the employer at the end of the
employment severance pay in the amount of at least
and jednonásobku its average earnings), if his employment with the
the employer took less than 1 year,
(b)) twice his average earnings, if his employment with the
the employer took at least 1 year and less than 2 years
(c)), three times its average earnings, if his employment with the
the employer took at least 2 years,
(d)) of the sum of three times its average earnings and the amounts referred to in the
(a) to (c))) if there is a termination of employment in the
the time when the employee is covered by the working time accounts procedure referred to in
§ 86 para. 4.
For the duration of the employment relationship and duration of prior
employment with the same employer, if the period from the end of the
the creation of the following employment does not exceed 6 months.
(2) employees, for which there is a termination
given by the employer for reasons mentioned in section 52 (a). (d)) or by agreement of the
for the same reasons, it is the responsibility of the employer upon termination of employment
compensation amounting at least twelve times average earnings. If it was the
the employee terminated employment, because it cannot, according to medical
opinion issued by the provider of occupational health services or
by decision of the competent administrative authority, which medical opinion
review, then do the work for an accident at work or
occupational disease, and the employer is relieved of its completely
obligations under section 270 paragraph. 1, severance pay, according to the second sentence of staff
It is not for.
(3) for the purposes of severance pay, average earnings means the average monthly
earnings.
(4) compensation, the employer is obliged to pay employees after the end of
the employment relationship in the next pay period specified in
the employer for the payment of wages or salary, if it agrees in writing
to the employee on the payment of severance pay on the day of termination of employment
or on a later date of payment.
§ 68
(1) If an employee after termination of employment held a job at
current employer in the employment contract or on the basis of the agreement on the
work before the time specified by the number of multiples of
average earnings, from which was derived the amount of severance pay shall be obliged to
This employer to return severance pay or its proportional part.
(2) the proportion of severance pay is determined by the number of calendar days from the
new employment to the expiry of the period referred to in paragraph 1.
Part 9
Invalid termination of employment
§ 69
(1) If an employer has given employees of unfair dismissal or set aside to
It employer of illegally employment immediately, or in the test
time, and told the employee to the employer without delay
writing that insists to him further, he employed his employment
still, and the employer is obliged to provide compensation for wages
or salary. Compensation under the first sentence of the employee in the amount of
the average earnings of the date when announced to the employer that takes on the
other employment up to the time when the employer to continue
at work or when there is a valid termination of employment.
(2) if the total exceeds the time it should be the responsibility of employees
pay the wages or salary for 6 months, the Court may, on the proposal of the employer
his obligation to pay wages or salary for the next period of time reasonably
reduce; the Court will take into account when making its decision, in particular, whether it has been
in the meantime, the employee is employed elsewhere, what work there and took out
earnings reach or reason to work.
(3) If an employer the employment relationship illegally, but
the employee notifies that insists that the employer is further
employed, applies if the employer agrees in writing to the
the other end of the day, that his employment was terminated by agreement,
and given) if the notice is invalid, the expiry of the period of notice,
(b)) if the working void canceled immediately, or in the test
time, the date on which the employment relationship had come to an end this cancellation; in these
cases, the employee is entitled to wage compensation in the amount of
average earnings for the period of notice.
section 70
(1) if the employer Gave unfair dismissal or set aside if
formal employee employment immediately or on probation and
the employer has notified the employees without undue delay in writing, that the
insists that, in order to continue your work, the employment relationship lasts still.
If an employee fails to comply with the call of the employer, the employer has the right to
the claim for damages, which result in him, from the date on which the
announced that takes on the next venue work.
(2) If an employee is unfairly dismissed, but the employment
the employer does not insist on the fact that an employee in his later work,
applies if the employee agrees in writing, on a different day
the end, that his employment was terminated by agreement,
and given) if the notice is invalid, the expiry of the period of notice,
(b)) if the working void canceled immediately, or in the test
time, the date on which the employment relationship had come to an end by this cancellation.
(3) in the cases referred to in paragraph 2 cannot employer against
employees to claim compensation.
§ 71
When an invalid agreement on termination of employment are the procedures for
the assessment of the rights of the employee to compensation for lost wages or salary
as in the void the dismissal of employees by the employer (section 69).
The employer the right to compensation for the annulment of the agreement shall apply
must not.
§ 72
Invalidity of the termination, immediate termination,
cancellation of probationary or agreement may as the employer, and
the employee filed with the Court no later than within 2 months from the date on which the
the employment relationship had come to an end this.
Episode 10
The appeal of the job of the head or waiver of this
space
section 73
(1) in the cases referred to in § 33 para. 3 may the one who is competent to
the appointment (section 33, paragraph 4), the head of the employee from the work place
appeal; senior employee may also give up on this place.
(2) if the employer is a legal person other than that referred to in section 33
paragraph. 3 or a natural person, may be with the head of an employee of the agreed
appeal of the job, when it agreed that
the head of an employee may give up this place.
(3) the heads of the places referred to in paragraph 2 are
and in the scope of direct control)
1. statutory authority, if the employer is a legal person,
2. the employer, if the employer is a natural person,
(b) direct the management scope of) the head of the staff directly subordinate
1. statutory authority, if the employer is a legal person,
2. the employer, if the employer is a natural person,
under the condition that this employee is subordinate to the other leaders
employee.
(4) the appeal of the head of the employee referred to in paragraph 2 may be carried out on
an employer who is a legal person, its statutory authority and
an employer who is a natural person, the employer.
section 73a
(1) an appeal or waiver of the work place of the head must
be made in writing. Performance of the work at the Workstation Manager
the employee ends the day following the delivery of the appeal or waiver
This place, if it is not in the revocation or surrender of a job
specify the date later.
(2) the appeal, or by surrendering the job of the head of
the employment relationship does not end there; the employer is obliged to this employee
suggest a change to its next job for the employer to
another job commensurate with his qualifications and State of health. If
the employer does not have such work for the employee, or an employee
refuses, it is an obstacle to the work of the employer and at the same time
, is given by reason of notice under section 52 (a). (c)); severance pay
provided by the organizational changes belong just in case
termination of employment following an appeal from the post of head of the employee in
with regard to the abolition of this place as a result of organizational changes.
(3) if the employment of the head of the appointment based or
changed term will not end if his employment before the end
end of the period (section 48 (2)).
PART THREE
AGREEMENT ON WORK PERFORMED OUTSIDE AN EMPLOYMENT RELATIONSHIP
§ 74
General provisions
(1) the employer has to ensure the fulfilment of its tasks primarily
employees in employment.
(2) in the agreements on work performed outside an employment relationship is not
employer must allocate the employees working time.
§ 75
Agreement for the implementation of the work
The scope of work, to which the agreement on the implementation of the work, shall not be
more than 300 hours per calendar year. The scope of work is counted
also a time of work done by an employee for the employer in the same
calendar year on the basis of other contracts for work. In the agreement on
the work must be given the time to which the agreement
concludes.
§ 76
Agreement on work activity
(1) the agreement on the working activities the employer may a natural person
to conclude, even if the scope of work will not exceed in the same calendar year
300 hours.
(2) on the basis of contracts for work it is not possible to perform work in
on average, half of which go beyond the stipulated weekly working
of the times.
(3) compliance with agreed and permitted no more than half of the
fixed weekly working time shall be assessed for the entire period during which
the agreement was concluded for work, but no longer than for a period of 52
weeks.
(4) the agreement for work must be contracted work,
the agreed range of working time and the period for which the agreement is concluded.
§ 77
Common provisions
(1) the agreement on the implementation of the work and the agreement on work activity must be
concluded in writing; a copy of this agreement, the employer shall issue
employees.
(2) unless this Act provides otherwise, it applies to job
on the basis of agreements on work performed outside employment adjustment
for the performance of work in employment; However, this does not apply in respect of
and) transfer to another job and transfer,
b temporary allocation),
(c)),
d) hours of work and rest periods; performance of the work, however, should not exceed 12
hours during 24 consecutive hours,
e) obstacles in work for the employee,
f) vacation,
g) termination of employment,
h) remuneration (hereinafter referred to as "the remuneration of the agreement"), with the exception of the minimum wage,
and
I) travel expenses.
(3) the right of active employees on the basis of contracts for work on the
other important personal barriers to work and on holiday can be arranged,
where appropriate, to establish an internal regulation, and under the conditions specified in §
199, 206, and in the ninth. The agreement on the implementation of the work and for the agreement on the
work activities but must always be complied with the adjustment under section 191 to 198
and § 206.
(4) if there is no agreed way of annulment of the legal relationship established by the agreement on
work or the agreement on work-related activities, it is possible to cancel it
and the Contracting Parties to the agreement) negotiated the day
(b) the notice given) for any reason or no reason, with
a 15-day notice period, beginning on the day on which the notice of termination
delivered to the other Contracting Party, or
c) immediate termination; immediate termination of the legal relationship
the agreement on the implementation of the work or the agreement for work may, however,
be agreed only for cases where it is possible to immediately terminate the employment
ratio.
To cancel the legal relationship established by the agreement on work or
agreement on work-related activities requires the written form, otherwise its
the testimony or the immediate cancellation of the account.
(5) the legal representative of a minor employee, who has not attained the age of 16
years may immediately terminate the agreement on the implementation of the work or the agreement on the
work of a minor employee, if this is necessary in order to
education, development or health of a minor employee. The validity of the
immediate termination of contracts for work or working agreements
of a minor employee in the first sentence requires consent of the
the Court.
(6) the legal representative is required to deliver a copy of the immediate cancellation of the
the agreement for work or for work of the agreement and consent of the
Court for minor employees.
PART FOUR
WORKING TIME AND REST PERIOD
TITLE I OF THE
GENERAL PROVISIONS ON WORKING TIME AND WORKING TIME
§ 78
(1) for the purposes of the organisation of working time and rest periods is
and) working time period in which the employee is obliged to perform for
the employer's work, and the period in which the employee is at work
ready to work according to the instructions of the employer,
(b)) the rest period which is not working time,
(c)) part of the relief of the weekly working hours without overtime, which is
an employee shall, on the basis of a predetermined schedule of work
shifts,
(d)) dvousměnným working mode the mode of operation, in which employees
regularly alternate in 2 shifts within 24 hours of each other
consecutive,
e) three shifts working mode the mode of operation, in which employees
regularly alternate in 3 shifts within 24 hours of each other
consecutive,
f) continuous working mode the mode of operation, in which employees
regularly alternate shift work in continuous operation
employer within 24 consecutive hours,
g) 24-hour operation that requires the performance of work 24 hours
a day, 7 days a week
h) work-readiness, time in which the employee is ready to
any work pursuant to a contract of employment, which must be in the
an emergency enforced beyond its schedule of work
shifts. Work readiness may be just another site agreed with the
the employee, the employer's workplaces, different from the
I) overtime work done by the employee on the employer's statement
or with his consent over the fixed weekly working time resulting
from a predetermined working hours and held outside the framework of
schedule shifts. For workers with shorter working time is work
overtime work in excess of the agreed weekly working time; These
employees cannot be required to work overtime. Overtime is not,
napracovává if an employee work performed in excess of the weekly
work for time off work that the employer has provided on its
the request,
j) night work the work done at night time; night time is the time between 22. and
6. hour,
to an employee working in the night) a staff member who during
night time at least 3 hours of their time at work within 24 hours after
consecutive, on average, at least once a week in the period referred to in section 94
paragraph. 1,
l) uniform layout of working time at which
the employer determined on individual weeks agreed weekly working
time, or shorter working hours,
m) working time unbalanced layout, in which the
the employer not scheduled evenly on individual weeks laid down
weekly working time, or shorter working hours, with the fact that
average weekly working time may not exceed the agreed weekly
working hours, or shorter working hours, for a maximum period of 26
consecutive weeks. Only a collective agreement can define this period
a maximum of 52 consecutive weeks.
(2) the provisions of paragraph 1 (b). d) to (f)) is true even in the case when
regular rotation of staff in innings concurrent performance occurs
employees work shifts, but only downstream for a period of not more than 1
clock.
§ 79
Maximum weekly working hours
(1) the length of weekly working time is 40 hours per week.
(2) the length of weekly working time is for employees
and working underground when) extraction of coal, ores and non-metalliferous materials, in
mining, construction, and mining workplaces of the geological survey 37.5
hours per week,
(b)) with three shifts and continuous working mode 37.5 hours a week,
(c)) with dvousměnným working mode 38.75 hours per week.
(3) the shortening of the fixed weekly working hours without reducing wages under
the range specified in paragraphs 1 and 2 may contain only a collective
agreement or internal regulations. Shortening the stipulated weekly working time
in the first sentence, but may not make the employer referred to in § 109 paragraph.
3.
Section 79a
For employees under 18 years of age must not length of shifts in individual
days exceed 8 hours and in more fundamental labor relations
According to section 3 of the weekly working time shall not in total exceed
40 hours per week.
§ 80
Shorter working hours
Shorter working hours below the range specified in § 79 can be negotiated
only between employer and employee. Employees for wage
or salary, which correspond to the negotiated shorter working time.
TITLE II
WORKING TIME
Part 1
Basic provisions
§ 81
(1) the working time schedules determined by the employer and shall fix the beginning and the end of the innings.
(2) working time is determined as a general rule to a five day
of the week. When the working time, the employer is obliged to take into account
to make this layout was not contrary to considerations of safe and
healthy work.
(3) the employee is obliged to be at the beginning of shifts at their workplace and
leave it up to the end of the shift.
the title launched
§ 82
cancelled
section 83
Length of shifts must not exceed 12 hours.
§ 84
The employer is required to prepare a written schedule of weekly working
acquainted with him or with his changing of the employee not later than 2 weeks
and in the case of working time accounts, 1 week before the start of the period for which it is
working time laid out, if the employee agrees to other
the time of the introduction.
§ 84a
cancelled
Part 2
Flexible working time
§ 85
(1) flexible work time includes periods of basic and
Optional working time, which determines the beginning and end of the employer.
(2) in the basic working time, the employee is obliged to be in the workplace.
(3) in the framework of optional working time of an employee chooses the beginning and
the end of working hours. The total length of shifts must not exceed 12 hours.
(4) flexible working hours shall be the average weekly
working time is populated in the adjustment period designated by the employer,
but no longer than the period specified in § 78 para. 1 (b). m).
(5) flexible working hours shall not apply
and when the Mission of the employee),
(b)) when you need urgent security labour task in the inning, which
the beginning and end is fixed, or if its prevents the application of the
operational reasons, and at the time of the important personal obstacles at work, after
the employees pay the wages or salary under section 192 or
benefits under the law on health insurance, and
(c)) in other cases specified by the employer.
(6) in the cases referred to in paragraph 5 shall apply to the staff in advance
fixed the layout of the weekly working time in the innings, which is
for this purpose, the employer shall determine.
Part 4
Account of working hours
§ 86
(1) account of working hours is a way of working time, which may
introduce only a collective agreement or internal regulations with the employer,
which do not operate a trade union organization.
(2) account of working hours shall not be exercised by the employers referred to
in § 109 paragraph. 3.
(3) if the claimed account of working hours cannot buffer
the period should not exceed 26 consecutive weeks. Only a collective agreement
However, you may specify the period to a maximum of 52 consecutive weeks.
(4) Only if it is agreed in the collective agreement, the work may be
overtime worked in the accounts of working time in the adjustment period
agreed in the collective agreement, which shall not exceed a maximum of 52 weeks after
consecutive, to a maximum of 120 hours is counted as working time
only in the immediately following the adjustment period.
§ 87
(1) the application of working time accounts, the employer is required to keep
an account of the working time of the employee and the employee's pay account.
(2) The working time of the employee's account is reported
a) maximum weekly working hours, or shorter working hours,
b) schedule of working time on individual working days including start and
the end of the shift and the
c) worked working hours in each work day and
week.
(3) If, in the application of working time accounts will use the shorter
period than specified in § 86 para. 3, must be considered the difference between the
the agreed weekly working time, or shorter working hours and
working time worked after the shorter period.
TITLE III
A BREAK IN THE WORK AND SAFETY BREAK
§ 88
(1) the employer shall provide the employee a maximum of 6
hours of continuous work break at work for meals and rest in the duration
at least 30 minutes; juvenile workers must be this break
granted for a maximum of 4.5 hours of continuous work. In the case of work,
that cannot be interrupted, the employees must without interruption
traffic or adequate work time for rest and food; This
the time is counted as working time. Juvenile workers must always
be granted a break for meals and rest under the first sentence.
(2) if the breaks for meals and rest divided, must at least
one part of it shall be at least 15 minutes.
(3) breaks for meals and rest are not made at the beginning and
end of the day.
(4) provided breaks for meals and rest do not count towards
working time.
§ 89
(1) If an employee in the performance of work, the right to safety break
under special legislation, this break is counted in the
working time.
(2) If a safety break falls for breaks for
meal and rest break is counted in work for meals and rest to
working time.
TITLE IV
REST PERIOD
Part 1
Uninterrupted rest between shifts
§ 90
(1) the employer is obliged to stagger working hours to
the employee had between the end of one shift and the start of the next shift
a continuous rest period of at least 11 hours, an employee under the age of 18
years for a period of at least 12 hours within 24 consecutive hours.
(2) rest periods referred to in paragraph 1 may be reduced to 8 hours within 24
consecutive hours older workers 18 years of age, provided that
the following rest he will be extended for a period of time this truncation
rest
and in continuous operations), while the pattern of working time unevenly
and when you work overtime,
(b)) in agriculture,
(c)) in the provision of services to the population, in particular the
1. in public catering,
2. in cultural establishments,
3. in telecommunications and postal services,
4. in health-care facilities,
5. in establishments of social services ^ 22a),
d) for urgent repair work, if it is a danger for life
or health of workers,
e) for natural events and in other similar emergencies.
§ 90a
Rest between the end of one shift and the start of the next shift,
short range pursuant to § 90 para. 2, employees may be older 18
years in seasonal work replaced in agriculture so that he will be
granted in the period following 3 weeks of truncation.
Part 2
Non-working days
§ 91
(1) non-working days are days on which accounts for continuous
rest of the employee of the week, and holidays ^ 23).
(2) Work on days of rest, the employer may require only
in exceptional cases.
(3) on the day of uninterrupted rest per week can employers require
the performance of these workers have the necessary work which cannot be handled
on working days:
urgent repair works),
b) loading and unloading work,
c) counting and closing work
(d)) work done in continuous operation for employees who are
failed to shift,
e) for natural events and in other similar emergencies,
(f)) work required with a view to satisfying life, health,
Educational, cultural, physical education and sports equipment
of the population,
g) work in transport,
h) feeding and treatment of the animals.
(4) the employer may require employees to feast only performance of the work,
that it is possible to order the employees in the days of uninterrupted rest in the
week, work in continuous operation, and the work needed when guarding
objects of the employer.
(5) on days of rest, the employer may require only performance
the works referred to in paragraphs 3 and 4 not more than twice during the period 4
consecutive weeks, if the working time in the balance procedure
pursuant to § 86 para. 4.
(6) with the employer, that the employee works at night
innings, starts working day an hour corresponding to the onset of
employees that shift, which started the week by shifts as
the first. The provisions of the first sentence, it is possible to apply also for the purposes of the right to
the wage or salary, remuneration of the agreement and for the detection of average earnings.
Part 3
Uninterrupted rest per week
§ 92
(1) the employer is obliged to stagger working hours to
the employee had uninterrupted rest period of at least 35
hours. Uninterrupted rest per week may not be in the young person
employee less than 48 hours.
(2) If this enables the operation of the employer, the continuous
rest of the week to all employees on the same day, and so that it
fall Sunday.
(3) in the cases referred to in § 90 para. 2 and for technological processes,
that cannot be interrupted, the employer may schedule the work
for employees over 18 years only, so the period of continuous
the rest of the week will be at least 24 hours, with the fact that employees
will be provided uninterrupted rest per week, so that over a period of 2 weeks
the length of the rest amounted to a total of at least 70 hours.
(4) if it is agreed, it may be provided in the agriculture
uninterrupted rest so that it will rest for the period
and) 3 weeks amount to a total of at least 105 hours,
(b)) 6 weeks do seasonal work in total, at least 210 hours.
TITLE V OF THE
OVERTIME
§ 93
(1) overtime is possible only in exceptional cases.
(2) the employer to work overtime the employee required only for serious
for operational reasons, and even period of uninterrupted rest between two
shifts, where appropriate, under the conditions referred to in section 91 paragraph 2. 2 to 4 days
the work of peace. Ordered to work overtime the employee shall not be more
than 8 hours in individual weeks and 150 hours per calendar year.
(3) the employer may require to work overtime beyond the scope provided for in
paragraph (2) only on the basis of agreement with the employee.
(4) the total scope of work overtime may not be in an average of more than 8 hours
a week in the period, which may be not more than 26 consecutive weeks. Only
a collective agreement may specify the period to a maximum of 52 consecutive weeks
consecutive.
(5) The maximum number of hours of overtime in the adjustment
the period referred to in paragraph 4, does not include overtime, for which it was
employees granted compensatory time off.
section 93a
Other agreed overtime in health care
(1) other agreed work overtime in health care (hereinafter referred to as "more
agreed overtime ") means a work in continuous operation
associated with the reception, treatment, care or prehospital
urgent care in hospitals and other inpatient medical
devices and medical devices, emergency medical services,
He performs
a) doctor, dentist or pharmacist ^ 23a),
(b)) a health professional paramedical professions
working in a continuous working mode ^ 23b)
(hereinafter referred to as "employee health"). Other agreed work
overtime is work done beyond the scope provided for in section 93 para. 4.
(2) an employee in the health sector, which does not agree with the performance of other
the agreed overtime work must not be forced to negotiate or be
exposed to any injury. On the application of further agreed to work overtime is
the employer is obliged to notify in writing the competent labour inspection authority.
(3) other agreed overtime healthcare workers must not
shall not exceed an average of 8 hours a week, and in the case of employees
the provider of emergency medical services an average of 12 hours a week, in
a period that may not exceed 26 consecutive weeks; only
a collective agreement may define this period to a maximum of 52 consecutive weeks
consecutive.
(4) the agreement on further agreed to work overtime
a) shall be in writing,
(b)) must be negotiated in the first 12 weeks from the date of the work
the ratio,
(c)) shall not be negotiated for more than 52 consecutive weeks,
(d)) can be lifted immediately, even without giving a reason during the 12 weeks
from the nomination; immediate cancellation must be made in writing,
(e)) may be terminated for any reason or no reason;
notice of termination must be given in writing. Unless the period of notice agreed
shorter, at 2 months and must be the same for both employers and
employees in the health sector.
(5) the employer keeps an up-to-date list of all employees in the
health care workers performing other agreed to work overtime.
(6) If this provision provides otherwise, it applies to other
Similarly, the agreed overtime provisions of the Labour Code relating to
work overtime.
TITLE VI OF THE
NIGHT WORK
§ 94
(1) the length of the employee working in night shifts cannot exceed 8 hours
within 24 consecutive hours; If this is not due to operational reasons
possible, the employer is obliged to arrange the agreed weekly working
time so that the average length of shifts do not exceed 8 hours in the period
not more than 26 consecutive weeks, and in the calculation of the average length of
shift employee working at night is based on a five-day
the work week.
(2) the employer shall ensure that an employee working at night
He was examined by the occupational health service provider
and before they are included on the night) job
b) regularly as necessary but at least once a year,
(c)) at any time during the classification to night work, if the employee
so requests.
Payment of health services must not be provided to the employees
required.
(3) the employer shall provide for employees working in
nights of adequate social ensure in particular the possibility of snacks.
(4) the site at which the works at night, the employer must
equipped with means for providing first aid, including the provision of
the means to summon emergency medical assistance.
TITLE VII
WORK READINESS
§ 95
(1) on-call the employer may require the employee
only if the employee agreed. For the duration of the work
alert the employee remuneration under section 140.
(2) for the performance of the work in the time of availability of the employee
wage or salary; the remuneration pursuant to § 140 during this time. Performance of the work
in the time of availability of the agreed weekly working time is
work overtime (section 93).
(3) the work readiness, in which to work will not occur in the
working time does not count.
TITLE VIII
COMMON PROVISIONS ON WORKING TIME AND REST TIME
§ 96
(1) the employer shall keep records for each of the employees with the
an indication of the beginning and the end
and) worked
1. shift [§ 78 para. 1 (b) (c))],
2. overtime [§ 78 para. 1 (b) (i)) and § 93],
3. further agreed to work overtime (section 93a)
4. night work (section 94),
5. at the time of on-call time (§ 95 para. 2),
(b)) on which a worker was holding [§ 78 para. 1 (b).
h) and section 95].
(2) on the request of an employee, the employer must allow employees to
a peek into his account of working hours or employment and to
his account of wages and make extracts from them, where appropriate, the copies of the
expense of the employer.
§ 97
(1) the obstacles in work for the employee when the flexible layout
working time shall be considered as work only to the extent in which the
hit the base of the working time. The first sentence shall not apply in the case of temporary
inability to work, where employees provide wage compensation
salary (section 192).
(2) the obstacles in the work of the employee when the flexible layout
working time, defined the exact length of the necessary amount of time that
employee time off work, or in the case of the activities of the representatives of the
employees shall be treated as work this whole time.
(3) the barriers to work for the employer when the flexible layout
working time shall be treated as a performance of the work, if you hit the shift
employees, and under every single day in the range of the average length
the shift.
(4) For a period of 1 day shall be deemed for the purposes of paragraphs 1 to 3 hours
the corresponding average length of shifts resulting from the fixed weekly
working hours or shorter working hours.
(5) the application of working time accounts, time off work for barriers
work of the employee provides to the extent strictly necessary time,
where appropriate, the extent of the length of shifts by the employer on the
day.
§ 98
(1) overtime in application of the flexible working time is
checks work always as a fixed weekly working time and above
the basic working time.
(2) work overtime when the application of working time accounts is the work done over the
fixed weekly working time, which is a multiple of the fixed weekly
working hours and the number of weeks smoothing period pursuant to § 86 para. 3
or according to § 87 para. 3.
§ 99
Measures relating to the collective organisation of working time, overtime,
the possibility of directing the work on days of rest and night work is
taking into account the safety and health protection at work, the employer is
obliged to negotiate with the trade unions.
TITLE IX OF THE
POWERS OF EXECUTION
§ 100
(1) the Government shall determine by regulation deviation of working time and time
rest transport staff, which are
and crew members) of a lorry or bus ^ 24),
(b)) to the employee for road maintenance ^ 25),
c) employees of railway transport on the national, regional and
siding ^ 26),
d) employees of public transport ^ 27),
e) crew members and staff to ensure the operation of the aircraft
^ 28) airport
(f) the members of the crew of the vessel) ^ 29),
g) employees serving vessel in the port of ^ 29),
while specifying the circle of employees referred to in points (a) to (g))) and
shall determine the procedure and other obligations of the employer and employees in
the organisation of working time and rest periods.
(2) the Government may provide for the regulation of working time and the tolerance period
the rest of the members of the company fire brigade units ^ 31),
which is composed of employees of employers who operate
in this unit as his or her job, whose job duties
include direct fulfilment of the tasks of this unit; However, this does not apply in respect of
the length of the fixed weekly working time. Length of shifts in the case of derogations
under the first sentence when unequal work time may not
exceed 16 hours.
PART FIVE
SAFETY AND HEALTH AT WORK
TITLE I OF THE
PREVENTION OF THREATS TO LIFE AND HEALTH AT WORK
§ 101
(1) the employer is obliged to ensure the safety and health protection
workers at work with regard to the risk of potential threats to their
life and health, which relate to the performance of work (hereinafter referred to as "risks").
(2) taking care of safety and health at work saved the employer
in accordance with paragraph 1 or special legislation is an integral and
an equivalent part of the duties of executive employees of the
all levels of management in a range of jobs that hold.
(3) if in one workplace tasks the employees of two or more
employers, employers are obliged to mutually in writing
to inform about the risks and the measures taken to protect against their
by relating to the performance of the work and the workplace, and to cooperate
in ensuring safety and health at work for all
employees in the workplace. On the basis of the written agreement of the participating
employers of this agreement authorized the employer shall coordinate
the implementation of measures to protect the safety and health of employees and procedures
to that end.
(4) each of the employers referred to in paragraph 3 shall
and) to ensure that its activities and the work of his employees have been
organized, coordinated and carried out so as to be protected at the same time
also the next employer, employees
(b)) and enough without undue delay inform the Trade Union
and workers ' representatives for the safety and health at
work, and if it does not, directly to their employees about the risks and
the measures taken, which he received from other employers.
(5) the obligation of the employer to ensure the safety and health at
work applies to all natural persons who are with his knowledge
present on the workplace.
(6) the costs associated with ensuring the safety and health at
the employer is liable to pay; These costs may not be
transferred directly or indirectly to the staff.
§ 102
(1) the employer is obliged to create safe and healthy
working environment and working conditions, a suitable organisation for safety and
health at work and the adoption of measures for the prevention of risks.
(2) risk prevention means all the measures arising from legal and
other regulations to ensure the safety and protection of health at work and the
from the employer's actions, which aim to prevent risks,
delete or minimize the effect of unrecoverable risks.
(3) the employer is obliged to continuously search for dangerous factors, and
processes of the working environment and working conditions, to discover their
causes and sources. Based on this finding to search and evaluate
the risks and take measures to remove them and to carry out such
measures to ensure that, as a result of more favourable working conditions and the level of
the decisive factors of the work falling under a special legal
Regulation as risk can be categorized as lower. To do this,
obliged to periodically check the level of safety and health at
the work, especially the status of production and labor resources and facilities
workplaces and the level of risk factors, working conditions, and to comply with
the method and the method of determination and assessment of risk factors according to
a special legal regulation.
(4) if it is not possible to eliminate risk, the employer is obliged to
evaluate and take measures to limit their exposure to
threats to the safety and health of workers has been minimized. Adopted by the
the measures are an integral and equal part of all activities
the employer at all stages of the proceedings. About searching for and evaluating
the risks and the measures taken under the first sentence, the employer is
obliged to keep records.
(5) the adoption and implementation of technical, organizational and other
measures to prevent risks, the employer must be based on the
General prevention principles, which mean
and reduction of risk)
(b)) the removal of risk at source of origin,
(c) the adaptation of working conditions) needs of employees with a view to
reduce the impact of negative impact of work on their health,
(d) substitution of arduous work) new technological and
workflows,
(e)) the substitution of dangerous technologies, production and work
resources, raw materials and consumables less dangerous or less risk,
in accordance with the development of the latest science and technology,
f) limiting the number of workers exposed to the risk factors
working conditions exceeding the maximum limits and other
risk to the lowest number of necessary for its operation,
(g)) in the implementation of risk prevention planning with the use of technology,
the organisation of work, working conditions, social relationships and the influence of
the working environment,
(h) application of funds) the priority of collective protection against risks
compared to the resources of individual protection,
I) implementation of measures aimed at reducing the leakage of pollutants from machines
and equipment,
(j) the awarding of appropriate instructions to) ensure the safety and health at
job.
(6) the employer is obliged to take measures in case of control
incidents such as accidents, fires and floods, other serious
the danger and the evacuation of employees, including instructions to stop work and to
the immediate evacuation of the workplace and retirement security; in the provision of
first aid interacts with the provider of occupational health services.
The employer is obliged to ensure and determine according to the type of activity and
the size of the required number of workplace employees who organize
providing first aid, provide call, in particular, the provider
emergency medical services, fire brigade of the United
Republic and the police of the Czech Republic and organised the evacuation of employees.
The employer is obliged to ensure, in cooperation with the provider
occupational health services of their training and equipment to the extent
the corresponding risks occurring in the workplace.
(7) the employer shall adapt the measures to the changing
the facts, review their effectiveness and compliance with and to ensure the
improve the working environment and working conditions.
TITLE II
OBLIGATIONS OF THE EMPLOYER, THE EMPLOYEE'S RIGHTS AND OBLIGATIONS
§ 103
(1) the employer shall
and to prevent the staff member) performed the prohibited work and work,
the demands by his ability and health
eligibility,
(b)) to inform employees about what category it was carried on by the
the work included; categorization of the work of the special law regulates ^ 32)
,
(c)) to ensure that work in the cases provided for by a special legal
law worked only employees who have a valid medical
card, who have undergone special vaccination or have proof of
resistance to the disease
(d) communicate to employees) which the occupational health provider
services occupational health services will be provided to them, and what kinds of
vaccination and what pracovnělékařským inspection and testing of the related
with the performance of work are required to submit to, allow employees to submit to
these vaccinations, examinations and testing to the extent
special legislation or by decision of the competent authority
the protection of public health,
(e)) to replace employees who are subjected to labour inspection,
examination or vaccination in accordance with subparagraph (d)), any loss of earnings,
in the amount of average earnings, or the difference between the
wage compensation or salary pursuant to § 192 or sickness and the average
earnings,
(f)) to ensure, in particular, staff employees in employment on the
term contracts, temporary work agency employees assigned to the performance of
work for another employer, the employees, according to the needs of adolescents
the work of sufficient and adequate information and instructions about
safety and health at work in accordance with this law and
special legislation ^ 32), in particular in the form of understanding the risks,
the results of the risk assessment and measures for the protection from exposure to
These risks, which are relevant to their work and workplaces
g) to ensure that the employees of another employer performing work
on the workplace received prior to the start of appropriate and fair
information and instructions to ensure the safety and protection of health at work and the
the measures taken, in particular to combat the fires, giving first
aid and the evacuation of individuals in the event of emergencies,
h) if the job comes into account exposure to risk factors
to the detriment of the unborn child, inform the employee. Pregnant
employee, and workers who are breastfeeding, mothers to
the end of the ninth month after childbirth is also obliged to become familiar with the risks and
their possible effects on pregnancy, breastfeeding or on their health and
take all necessary measures, including measures relating to the reduction of the
the risk of mental and physical fatigue and other types of mental and physical
the burden associated with their work, and do it all the time, when you need it
to protect their safety or health of the child,
I) allow employees access to evidence, which is kept in the
with regard to ensuring the safety and health protection at work,
(j)) to ensure employees providing first aid,
do not use such a method to) the remuneration of the work in which they are
employees at increased risk of injury and whose
the use would result in increasing the work results in a risk to
the safety and health of workers,
l) ensure compliance with the ban on smoking in the workplace as laid down
special legislation ^ 33).
Information and instructions shall be provided on receipt of the employees in the
convert, transfer or change in working conditions, change the
the working environment, the introduction or change of equipment,
technology and workflow. The information and instructions
the employer shall be obliged to keep records.
(2) the employer shall provide employees with training on legal and
other regulations to ensure the safety and health at
the work, which complement their professional prerequisites and requirements for the performance of
work that relate to the work to be performed by them, and relate to the risks with
which may come into contact with an employee at the workplace, which is
work performed and continuously require and check their
compliance with. Training in the first sentence, the employer is obliged to ensure
at the onset of an employee to work, and further
and when you change)
1. employment classification,
2. the type of work,
(b)) in the introduction of new technology or changes in production and work
resources, or changes to technology or working procedures,
(c)) in cases which have or can have a significant impact on the safety of
and health at work.
(3) the employer shall determine the content and the frequency of training on legal and
other regulations to ensure the safety and health at
work, knowledge workers, and authentication Management documentation
completion of the training. If required by the nature of the risk and its relevance, must
training in the first sentence be repeated periodically; in cases of
referred to in paragraph 2 (a). (c)) must be done without training
undue delay.
(4) the employer is obliged to pregnant workers, workers,
and workers who are breastfeeding, mothers until the end of the ninth month after childbirth
to adapt to the workplace area for their relaxation.
(5) the employer shall for the employee who is a party
disabilities, at their own expense to provide technical and
organizational measures, in particular the necessary adjustment of the working conditions,
adjustment of the workplace, the establishment of protected jobs, training or
the learning curve for these workers and improving their skills in the performance of
their regular employment.
§ 104
Personal protective equipment, clothing and footwear, household,
cleaning agents and disinfectants and protective beverages
(1) if it is not possible to eliminate or sufficiently reduce risks resources
collective protection or measures in the field of work organisation, it is
the employer shall provide employees with personal protective
resources. Personal protective equipment are
equipment to protect workers against the risks must not endanger
their health, must not hinder the work and must comply with the requirements of
established by special legislation ^ 34).
(2) in the environment in which the clothing or shoes at work is subject to extraordinary rendition
wear or soiling or perform a protective function, it is for the
employees from the employer as personal protective equipment
also working clothes or shoes.
(3) the employer shall provide employees with washing, cleaning and
disinfectants based on the extent of pollution of leather and clothing; on
workplaces with unsatisfactory microclimatic conditions, the extent and
under the conditions laid down in an implementing regulation, whether or not the trade
drinks.
(4) the employer shall maintain personal protective
resources in the použivatelném State and control their use.
(5) personal protective equipment, washing, cleaning and disinfection
resources and protective beverages employee from the employer
free of charge by a custom list of processed based on the evaluation
the risks and the specific conditions of work. The provision of personal protective
the employer shall not replace the work of financial performance.
(6) the Government regulation more conditions for the provision of personal
protective equipment, washing, cleaning and disinfection
resources and protective beverages.
§ 105
Employer's liability for accidents at work and occupational diseases
(1) the employer, in which the accident at work occurred, is obliged to
to clarify the causes and circumstances of this accident with the participation of employees,
If the medical condition of the employee permit witnesses and with the participation of
trade unions and representative for the area of occupational safety and health
at work and without serious reasons not to change the status on the spot of the accident to the time
clarification of the causes and circumstances of accidents at work. About the occupational accident
the employee of another employer, the employer is in the first sentence
shall without undue delay inform the employer trauma
the affected employees, enabling it to participate to the elucidation of the causes and
circumstances of an accident at work and acquaint him with the results of this
the clarification.
(2) the employer shall keep in the book of records of all accidents
accidents, even when they were not caused by the inability to work, or has been
caused by incapacity for not more than 3 calendar days.
(3) the employer shall make and keep records and documentation of
all accidents at work resulting in an
and with injuries to employees) incapacity of more than 3
calendar days, or
(b)) to the death of the employee.
A copy of the record of the accident, the employer is obliged to pass
the affected employees, and in the case of fatal accidents at work its
family members.
(4) the employer is obliged to report a work-related injury and send a record of the
the accident laid down by the institutions and bodies.
(5) the employer shall take measures against repeat
work-related accidents.
(6) the employer shall keep a record of employees for which the
recognised occupational disease, which arose in the workplace, and apply
such measures to remove or minimise the risk factors,
that raise the risk of occupational disease or disease.
(7) the Government Regulation
and the method of keeping records of occupational accidents) in the book of injuries,
(b) the reporting of injuries,)
(c)) on the preparation and sending of record and the record of the accident-reporting
changes,
d) circle of institutions and bodies, which marks the work-related injury, shall be sent by
record and the record of the accident-reporting changes,
(e)) what is meant by fatal accidents at work for statistical purposes,
f) pattern and the pattern of the accident record of record of accident-reporting changes.
Section 106
The rights and obligations of the employee
(1) an employee has the right to ensure the safety and health at
the work on information about the risks of his work and information on the measures
to protect against their exposure; information must be
easy to understand.
(2) an employee is entitled to refuse performance of the work, which has reasonably for
that immediately and seriously endangers his life, or
health, or the life or health of other individuals; such
the refusal cannot be considered as interfering with the duties of the employee.
(3) an employee has the right and obligation to participate in the creation of safe
and healthy working environment, and in particular the application of
and of the measures taken by the employer, and its participation in the
solutions to the questions of safety and health at work.
(4) each employee is obliged to take care of its capabilities on its
own safety, about their health and the safety and health of physical
people who are directly concerned by his acts or omissions
When you are working. Knowledge of the basic obligations under the laws and
other regulations and requirements of the employer to ensure the safety and
health at work is an integral and permanent part of the qualification
assumptions of the employee. The employee shall
and) participate in training provided by the employer aimed at
safety and health at work, including verification of their knowledge,
(b)) to submit to an inspection, examination or pracovnělékařským vaccination
laid down by specific legislation ^ 32),
(c)) to comply with legal and other regulations and instructions of the employer to
ensure the safety and health at work, with which he has been duly
familiar, and observe the principles of safe conduct in the workplace and
the employer's information,
(d)) follow established work practices, use set
working equipment, transport equipment, personal protective
the resources and protection devices and arbitrarily is not to change and refrain from disconnecting from the
operation,
(e)) not to drink alcoholic beverages and not to misuse other addictive substances ^ 35)
the employer at the workplace and during working hours and outside of this
the workplace, not to enter under their influence on the workplace of the employer
and do not smoke in the workplace and in other areas where the effects
Smoking also exposed non-smokers. The ban on consumption of alcoholic beverages is
does not apply to employees who work in adverse
microclimatic conditions, if they enjoy the beer is reduced
alcohol, and the employees that the consumption of these drinks is part of
the course of work or with the fulfilment of these tasks normally associated,
f notify your manager) the supervisor deficiencies and
defects in the workplace that threaten or imminent and serious
in a manner detrimental to the safety or health of workers at work,
in particular, the imminent creation of an incident or of organizational shortcomings
measures, malfunction, or failure of technical equipment and protective systems
designed to avoid them,
g) with regard to the type of work to be performed by him, according to its capabilities,
participate in the Elimination of deficiencies detected during checks of the institutions,
to whom the performance of the checks provided for in special legislation ^ 36),
(h) to report promptly to their supervisor) to the head of your employees
an accident at work, if his health permits, and work accident
another employee, or the injury of another individual, which was
a witness, and to cooperate in the investigation of its causes,
I) undergo to instruct the authorized manager in writing
designated by the employer to determine whether or not under the influence of alcohol or
other addictive substances, ^ ^ 33) 35).
TITLE III
COMMON PROVISIONS
§ 107
Additional requirements for safety and health at work in the
labor relations, as well as to ensure the safety and protection of the
health in the activities or the provision of services outside of the labor relations
provided for by law to ensure further safety and health conditions
at work ^ 37).
section 108
Employee participation in addressing issues of safety and health at
the work of the
(1) employees shall not be deprived of the right to participate in the solutions to the questions
related to occupational safety and health at work through
trade unions and representative for the area of occupational safety and health
When you are working.
(2) the employer is obliged to trade union representatives for the area
safety and health at work, or to enable employees to
and participation in negotiations) on safety and health at
work or to provide them with information on such negotiations,
(b)) hear their information, comments and suggestions on the adoption
measures on safety and health at work, in particular
proposals to eliminate or reduce the impact of the risk, which is not
may be removed,
(c)) to discuss
1. substantial measures concerning safety and health at
work,
2. risk assessment, adoption and implementation of measures to reduce their
the effect, the performance of the work in controlled areas, and the classification of work to
categories according to a special legal regulation ^ 38),
3. Organization of training on legal and other regulations to ensure
safety and health protection at work,
4. determination of qualified individuals for the prevention of risks under the Act
to ensure further the safety and health at
job ^ 37).
(3) the employer is also obliged to trade-union organization and a representative for
the safety and health at work or direct employees
to inform about the
and the employee intended to organize) providing first aid, to
ensure the summoning medical aid, fire brigade and
Police of the Czech Republic and to organise the evacuation of workers,
(b) the selection and award criteria) occupational health services,
c) determining qualified individuals for the prevention of risks under the Act
to ensure further the safety and health at
job ^ 37),
(d) any other matters), which can substantially affect safety and
health protection at work.
(4) a Trade Union, and a representative for the safety and protection of the
health at work or employees are required to cooperate with
the employer and the competent persons for the prevention of
the risks referred to in the Act to ensure further the safety and protection of the
health at work ^ 37a) so that the employer can ensure a safe and
healthy working conditions and to fulfil all obligations
provided for by specific legislation and measures of the authorities to which
It is for the performance of the checks provided for in special legislation ^ 36).
(5) the employer shall organise at least once in the year screening
safety and health at work in all workplaces and
employers in agreement with the trade unions and the
the consent of the representatives of the employees for the safety and protection of health
at work and shortcomings.
(6) the employer is obliged to trade union representatives for the area
safety and health at work to provide training to enable them to
the proper performance of their functions, and to make them legal and other regulations to
ensure the safety and health at work, and evidence of
and) search and evaluation of risks, the measures taken to eliminate risks and to
limit their exposure to workers and to the appropriate organization
the safety and health of workers at work,
(b) registration and reporting) accidents at work and occupational diseases, recognized
(c) control and performance measures) authorities, to whom the execution control
over the safety and protection of health at work in accordance with special laws,
^ 36 regulations).
(7) the employer is obliged to allow trade union representatives for
the safety and health at work during inspections of institutions,
to whom the performance of the checks provided for in special legislation ^ 36),
to present their comments.
PART SIX
REMUNERATION FOR WORK, REMUNERATION FOR WORK STAND-BY AND THE DEDUCTIONS FROM THE INCOME OF THE
BASIC EMPLOYMENT RELATIONSHIP
TITLE I OF THE
GENERAL PROVISIONS ON WAGES, SALARIES AND REMUNERATION OF THE AGREEMENT
section 109
Wage, salary and remuneration of the agreement
(1) for the work done by the employee wages, salary or remuneration from the
the agreement, under the conditions laid down in this law, unless otherwise provided by this law
or a special law otherwise ^ 39).
(2) wage is cash transactions and cash values (wages)
provided by the employer's employees for the work, if not in this
Act provides otherwise.
(3) salary is provided by the Act for the work employees
by the employer, which is
and) State ^ 6)
(b) the territorial Government Unit) ^ 40),
(c) State Fund) ^ 2)
(d)), an organization whose costs on salaries and remuneration for work
the emergency room are fully covered by a contribution on the operation of the ^ 15)
provided from the budget of the founder or of payments according to the specific
law, or
e) educational legal person established by the Ministry of education, youth and
sports, region, community or voluntary Union of municipalities by the school
^ 41), Act
with the exception of the cash provided to the citizens of foreign countries with the
place of work outside the territory of the Czech Republic.
(4) wages and salary are provided according to the complexity, responsibility and
exhausting labors, according to difficulty of working conditions, according to the working
performance and achieved working results.
(5) the remuneration of the agreement is provided by the Act for work done
on the basis of the agreement for work or contracts for work (section
74 to 77).
§ 110
(1) for the same work or for work of equal value, it is for all
employees and employers the same wage, salary or remuneration from the agreement.
(2) the same work or work of equal value means work the same or
comparable complexity, responsibility and stiffness, which is held in the
the same or comparable working conditions, at the same or
comparable performance and results of the work.
(3) the complexity, responsibility and effort of the work is judged according to
education and practical knowledge and skills required for the performance of this
the work, according to the complexity of the work and activities by
organizational and managerial performance, according to the degree of liability for damages,
health and safety, according to the physical, sensory and mental stress and
the action of the negative impact of work.
(4) the conditions of employment shall be treated according to the difficulty of working modes
arising out of the working time, for example, shifts, days
work on night work or overtime, according to the harm
or difficulty of the other negative effects of work
environment and the risk of the work environment.
(5) the work performance shall be assessed according to the intensity and quality of
work performed, working ability and fitness for work and
the results of the work are to be judged according to the quantity and quality.
§ 111
The minimum wage
(1) the minimum wage is the lowest permissible level of remuneration for work in
the basic employment relationship under section 3. Wage, salary or remuneration from
the agreement shall not be less than the minimum wage. The wage and salary for this
purpose does not include wage or salary for overtime, extra pay for work in
public holidays, night work, work in difficult working environment and
work on Saturdays and Sundays.
(2) the amount of the basic minimum wage rate and other minimum wage rates
graduated according to the measure of the effects of restrictive job
employees and the conditions for granting the minimum wage determined by the Government
Regulation, as a rule, with effect from the beginning of the calendar year with
the developments in wages and consumer prices. The basic rate
the minimum wage is at least 7 955 € 48.10 Eur per month or per hour;
other minimum wage rate shall not be less than 50% of the basic rate
the minimum wage.
--------------------
Editor's note. ASPI-the current minimum wage rate see Government Regulation No.
567/2006 Sb.
(3) the failure to achieve a wage, salary or remuneration from the agreement of a minimum wage, it is
the employer shall provide employees a supplement
and the salary) equal to the difference between the wage reached in a calendar month and
the minimum monthly wage or equal to the difference between the wage
per 1 hour worked and the appropriate minimum hourly
wage earners; use of hourly or monthly minimum wages shall negotiate, provides
or designate in advance, otherwise, for the purposes of a supplement uses the minimum
hourly wage,
(b)) to pay the amount to the difference between the salary has been made in a calendar month and
the minimum monthly wage, or
(c) consideration of the agreement) to be equal to the difference between the amount of this remuneration attributable
for 1 hour and the minimum hourly wage.
§ 112
Guaranteed wage
(1) a guaranteed wage is the wage or salary to which workers originated
right under this Act, contracts, internal regulation, payroll assessment
or step assessment (section 113 (4) and section 136).
(2) the lowest level of guaranteed wages and conditions for the provision of
employees whose pay is not agreed upon in the collective agreement, and for
employees who work provides salary, determined by the Government
Regulation, as a rule, with effect from the beginning of the calendar year with
the developments in wages and consumer prices to the lowest level.
guaranteed wage must not be lower than the amount provided by law in the
§ 111 paragraph. 2 as the base rate of the minimum wage. The next lowest level
guaranteed wage shall be differentiated according to the complexity, responsibility and
strenuousness of the work undertaken to the maximum increase amounted to at least
double the lowest levels of guaranteed wage. According to the measure of the effects of restrictive
work of the employee, the Government may set a minimum level of
guaranteed wage according to the second and third sentences by up to 50% lower.
(3) if the wage or salary without wages or salary for overtime,
premium for work on public holidays, night work, work in difficult
working environment and work on Saturdays and Sundays the lowest
guaranteed wage levels referred to in paragraph 2, the employer must
provide employees a supplement
and the salary) equal to the difference between the wage reached in a calendar month and
the lowest level of guaranteed monthly wage, or equal to the difference
between the wage per hour worked and the hourly
lowest rate guaranteed wage levels; for the purposes of a supplement is applied
the lowest level of the hourly wage, if in advance to put matters right, unless otherwise provided in
or unless the use of the guaranteed minimum monthly wage, or
(b)) to pay the amount to the difference between the salary has been made in a calendar month and
the lowest level of guaranteed wage.
TITLE II
WAGE
§ 113
The negotiation, establishment or determination of wages
(1) payment is stipulated in the contract, or the employer shall establish internal
Regulation, or specifies the wage assessment, if it is not provided for in paragraph 2
otherwise.
(2) If an employee is a statutory body of the employer, negotiates with the
It wages or it specifies the person who appointed him to the post,
subject to specific legislation provides otherwise.
(3) wages should be negotiated, determined or determined before the start of the performance
work for which this wage.
(4) the employer shall on the date of commencement of employment, give the employee
written wage bill, which contains data on the remuneration of
date and place of payment of wages, if such information does not contract
or internal regulations. If there is a change in the facts referred to in the
wage assessment, the employer is obliged to this fact employees
in writing, no later than on the date when the change takes effect.
section 114
Pay or compensatory time off for overtime
(1) for a period of overtime the employee pay, to which he
During this time it was right (hereinafter referred to as "wage"), and a supplement
at least 25% of average earnings, if the employer is
employee have agreed on the granting of compensatory leave in the scope of work
overtime surcharge instead held.
(2) If an employer does not provide employees compensatory time off at the time 3
calendar months after the overtime work or otherwise agreed upon
the time for the employees to formal wage surcharge referred to in paragraph 1.
(3) wage and an additional fee or compensatory leave referred to in paragraphs 1 and 2
for the Court, if the pay is negotiated (§ 113) taking into account any
to work overtime. Wage, taking into account any overtime is possible
Thus, if the agreed scope of work overtime at the same time, to which it was
When the negotiation of wages taken into account. Wage taking into account any work
overtime is possible to arrange no more than 150 hours of overtime for
calendar year and executive employees (§ 11), within the limits of the total
the extent of overtime work (article 93, paragraph 4).
section 115
Salary, compensation or wage compensation for the holiday
(1) for a period of work on holidays ^ 23) employee wage and
compensatory time off to the extent of work done on a holiday ^ 23)
the employer shall provide, by the end of the third calendar month
following the work on public holidays or other agreed period. For
the period of compensatory leave employee wage compensation in the amount of
average earnings.
(2) an employer may agree with the employee to provide
a supplement to the formal wage at least in the amount of average earnings instead of
compensatory time off.
(3) employees who did not work because the holiday fell on his
a typical working day, for the wage compensation in the amount of average earnings
or part of a wage or salary, which he fled as a result of
the holiday.
§ 116
Pay for night work
For the duration of night work the employee wage and an additional fee
at least 10% of average earnings. However, it is possible to arrange another
the minimum amount and the method of determining the premium.
§ 117
Pay and extra pay for work in difficult working environment
For the period of work in difficult working environment for the employees
wage and an additional charge. Definition of the harsh work environment for
the purpose of pay and the amount of the premium determined by the Government Regulation. Surcharge for
work in difficult working environment shall be at least 10% of the amount
provided by law in § 111 paragraph. 2 as the base rate of the minimum wage.
§ 118
Pay for work on Saturdays and Sundays
(1) during the period of work on Saturday and Sunday, the employee achieved
wage and supplement of at least 10% of average earnings. However, it is possible to
arrange a different minimum amount and method of determining the surcharge.
(2) in the performance of work abroad the employer may provide
the surcharge referred to in paragraph 1 for work on Saturdays and Sundays for the work
in days, which according to local conditions usually found a continuous
rest of the week.
§ 119
Wages in kind
(1) the employer may pay in kind granted only with the consent of
employees and under the conditions agreed with him, and to the extent reasonably
his or her needs. The employer is obliged to pay employees in cash
pay at least the minimum wage rate (section 111) or
the rate of the lowest level of guaranteed wage (section 112).
(2) as the wages in kind may be granted, with the exception of products
spirits, tobacco or other addictive substances, performances, works
or the service.
(3) the amount of wages is expressed in monetary form, so that
match the price that the employer charges for comparable products,
performances, works or services to other customers ^ 42), the usual price ^ 43),
or the amount by which the payment of the employee's products, performances, works
or services provided by the employer is less than the usual price.
The application of working time accounts
§ 120
(1) if the account of working hours (section 86 and 87), the employee
in the adjustment period (article 86, paragraph 3, and § 87 para. 3) for each
calendar months salary in a permanent monthly amounts (hereinafter referred to as "permanent wage")
agreed in the collective agreement or internal regulation.
Permanent wage of the employee shall not be less than 80% of the average
earnings.
(2) if the working time in the balance procedure pursuant to § 86 para. 4,
the employee for each calendar month wages in constant
the monthly amount, which shall not be less than 85% of his average earnings.
(3) on account of the employee (section 87 (1)) shall be treated
and permanent wage employee)
(b) the employee's wage) per calendar month, to which he was
right under this Act and in accordance with the agreed upon, set in or specified
conditions (§ 113).
§ 121
(1) for the period the employee wage equal to the sum of the
paid fixed wages. If, after the expiry of that period (section 86
paragraph. 3 and § 87 para. 3) or after termination of employment rights summary
achieved pay [section 120 (2) (b))] for each calendar
higher than the sum paid fixed wages, the employer is
obliged to staff of the difference.
(2) permanent wage shall be granted to the employee for working time scheduled
employer in a calendar month. Permanent wage employees
It is for the full amount, even if the employer in the
nerozvrhne working hours per calendar month. During scheduled
the employer of the employees that the employee does not work,
It is not for permanent wage.
TITLE III
SALARY
§ 122
Identification and negotiation of salaries
(1) the salary of the employees of the employer determines, unless it is in paragraph 2
except as otherwise provided by this law, the Government Decree issued to
its implementation pursuant to § 111 paragraph. 2, § 112 para. 2, § 123 paragraph. 6, § 128
paragraph. 2 and article 129 paragraph. 2 and in their limits according to the collective agreement,
or internal regulation. Salary is not possible to specify a different way
Another composition, and different level than provided for in this Act and legislation
issued for its implementation, unless otherwise provided by special law ^ 43a).
(2) the supervisor, who is the statutory body of the employer,
or who is the Manager of the organizational units of the State or territorial ^ 7)
Government Unit ^ 44) (hereinafter referred to as "the head of the organizational unit"), specifies the
the salary of the institution which has appointed him to the post, if specific legal
Regulation provides otherwise. Similarly for Deputy head
the employee in the first sentence, if it is not working, instead of this
the head of the employee temporarily busy, or if the head of an employee
work temporarily.
§ 123
Wage rates
(1) employees pay fare for the grade and
the degree to which a salary is included, if it is not in this Act
unless otherwise provided for.
(2) the employer shall include the employee into the grade according to the type of work
as agreed in the contract and within the limits required on it
most demanding work.
(3) the employer shall include the head of the grade according to the
most demanding work, the performance of the controls or that he himself exercises.
(4) the employer shall include the employee to a salary step by time
formal practice, periods of child care and the performance of military base
(replacement) service or civilian service (hereinafter referred to as "credit practice").
(5) the wage rates shall be established in 16 grades and in each of them in the
grade levels. Wage rates are rounded to the integer ten-
up.
(6) the Government Regulation
the classification of work) to grades in accordance with the characteristics of
grades graduated according to the complexity, responsibility and
exhausting labors, which are listed in the annex to this Act,
b) qualification education for performance of the works included in the
individual grade levels,
(c)) the way to hire grades,
d) conditions for determining eligible practices,
(e) the conditions for the special way) the classification in grade, and determine the
the salary rate for employees who perform work which
successful implementation depends primarily on the degree of talent or physical
prowess, for employees of the provider of health care services and for
workers carrying out simple or routine work handler; the amount of the
the salary rate specified in a special way for employees
providers of health services must be intended, at least in the amount of
corresponding to the notional plan that employees otherwise is entitled under
the grade and step in which it is classified under the terms of paragraphs
1 to 5,
f) pay scale for the calendar year by the
paragraph 5 and taking into account the obligations and limitations in the exercise of public
Administration and services, and to its importance, usually with effect from the beginning of the
the calendar year, so that the wage rates in each grade
classes amounted to at least
grade pay plan in a month
1 6 500
2 7 110
3 7 710
4 8 350
5 9 060
6 9 830
7 10 660
8 11 570
9 12 550
10 13 620
11 14 780
12 16 020
13 17 370
14 18 850
15 20 470
16 22 200.
§ 124
Surcharge for leadership
(1) the head of employees for the extra pay for executives, according to the
the degree of management and performance management.
(2) an additional fee for keeping the
and representatives of the head) that is permanently represented by the head of
the employee in the full range of management activities, if this
representation of employers regulated by specific legislation or
organisational regulation, and within the range of premium for leadership
established for the next lower level, than it is for the
service on the principal supervisor,
(b)) employees, who represents the head of the higher degree of
control in the full range of management activities for more than 4 weeks and
representation is not part of his obligations resulting from the
the contract, from the first day of the representation. Surcharge for same
the conditions provided for by the executives.
(3) the amount of the premium for leadership is:
--------------------------- ----------------------------- --------------- -----
The degree of control the amount of the premium for leadership in% of salary
rate and the highest grade
in the grade
the head of the staff
--------------------------- ----------------------------- --------------- ------
1. the degree of control:
Senior employee who manages the work of 5 to 30
child workers
--------------------------- ------------------------------ -------------- ------
2. the degree of control:
Senior employee who manages the
senior staff at the 1. the degree of control of 15 to 40
or senior employee statutory
the authority, which controls the work of subordinate
employees
---------------------------- ----------------------------- -------------- -------
3. the degree of control:
Senior employee who manages the
senior staff at the 2. instance 20 to 50
senior employee-statutory authority,
who manages the senior staff
on the 1. stage of the proceedings, or the head of the
employee-head of branch
who manages the senior staff
on the 1. the degree of control
---------------------------- ----------------------------- --------------- ------
4. the degree of control:
Senior employee statutory
the authority, which manages the senior staff
on the 2. stage of the proceedings, the senior employee-head 30 to 60
organizational unit, which controls the head
the employee on the 2. stage of the proceedings, the Deputy
Member of the Government, the head of the Office of the President
of the Republic, head of the Office of the
the Chamber of deputies of the Parliament of the United Kingdom,
Registrar of the Senate of the Parliament
The United States, the head of the Office of the Public
the Ombudsman, the financial arbiter and Director
Institute for the study of totalitarian regimes
--------------------------- ----------------------------- ----------------- -----
(4) an employee who is not the head of an employee, but is referred to in
organisational regulation entitled to organize, manage and control the work
other employees and give them the purpose of binding guidelines for the
According to the performance of the management work of the surcharge for the lead in a span of 5 to
15% of the salary rate and the highest step in the grade in
which the employee is engaged.
section 125
Extra pay for night work
Employees per hour work is an additional fee of 20% of the
average hourly earnings.
§ 126
Extra pay for work on Saturdays and Sundays
(1) employees per hour of work on Saturday or Sunday
an additional fee of 25% of average hourly earnings.
(2) in the performance of work abroad the employer may provide
the surcharge referred to in paragraph 1 for work on Saturdays and Sundays for the work
in days, which according to local conditions usually found a continuous
rest of the week.
§ 127
Pay or compensatory time off for overtime
(1) per hour of overtime, the employee portion of the salary rate,
personal and special surcharge and the surcharge for work in difficult
the environment accounted for 1 hour of work without overtime in
the calendar month in which the overtime takes place, and an additional fee of
25% of average hourly earnings, and if the days of continuous
the rest of the week, a surcharge of 50% of the average hourly
of earnings, if the employer of the employee agreed to the provision of
compensatory time off instead of pay for overtime work. During pumping
compensatory leave, salary do not truncate.
(2) If an employer does not provide employees compensatory time off at 3 after
consecutive calendar months after overtime work or otherwise
the agreed time, the employee portion of the salary rate, personal
extra charge and a special supplement, the supplement for work in difficult
the work environment and the surcharge referred to in paragraph 1.
(3) employees, which it is for the extra pay for executives pursuant to section 124, is
salary determined by taking into account the possible overtime work in the range of 150
hours in a calendar year. This does not apply to overtime held at night, in the
rest day or the time of availability. In the salary
the head of which is the statutory body or head of
organizational folder is always taken into account for any overtime.
§ 128
Extra pay for work in difficult working environment
(1) employees working in a difficult work environment
at an additional cost. The working environment is a difficult working environment pursuant to §
117 the second sentence.
(2) the Government shall determine by regulation the amount of the additional fee for work in difficult
working environment and conditions for the provision. Extra pay for work
in difficult working environment is at least 5% of the amount, which is determined by
This law in § 111 paragraph. 2 as the base rate of the minimum wage for
month.
§ 129
Extra charge
(1) an employee who performs work in the working conditions of the United
with extraordinary neuropsychickou load, endangering life and health
or difficult working regimens, it is for extra charge.
(2) the Division of work according to the working conditions into groups depending on the
extent of Neuropsychological stress and the likelihood of threats to life and
health and according to difficulty of work, the conditions for granting the premium, and
the amount of the surcharge in each group sets out government regulation.
(3) the employer shall determine the employees the amount of surcharge within the margin
established for the group with the working conditions in which an employee
performs work consistently.
§ 130
Extra charge for split shift
(1) an employee who works in shifts, divided into 2 or more
parts, for an additional fee of 30% of average hourly earnings for the
any such split shift.
(2) a split shift for the purposes of this Act, a shift, in which
continuous interruptions or summarize them is at least 2 hours.
§ 131
Personal allowance
(1) employees who achieves very good working
results or perform a greater range of tasks than others
the employee, the employer may provide a personal allowance of up to
50% of the salary rate and the highest step in the grade in
which the employee is engaged.
(2) an employee who is an excellent, universally recognized expert and
carries out work included in the tenth to sixteenth grade can
the employer shall provide a personal allowance of up to 100% of the salary
rate and the highest grade in the grade to which is
staff.
§ 132
Surcharge for direct educational activities beyond the defined range
Teacher to ^ 45) per hour direct teaching,
Educational, special educational activities or direct
pedagogical-psychological activities carried out directly by acting on the
the trainee's, which carries out training and education on the basis of
a special law ^ 46), which it exercised over the range of hours provided for
Director of the school, the Director of the educational establishment or Director
social services ^ 22a) pursuant to a special legal regulation, a surcharge of
the amount of twice the average hourly earnings.
§ 133
Specialized supplement
Teacher to ^ 45), which in addition to the direct teaching activities
It also carries out specialized activities, are necessary to the performance of
additional qualification requirements 47) ^ provides an additional fee of 1
000 to 2 000 CZK per month.
§ 134
Reward
For successful fulfillment of extraordinary or especially significant work task
can the employer provide the employee remuneration.
section 134a
Target rewards
For completion of a predetermined extremely difficult task whose
preparation, the gradual implementation of assurance and final will be in terms of
the scope of the employer particularly relevant, the employer may
employees at its meeting immediately or significantly
involved, to provide targeted rewards. The amount of remuneration, the employer shall notify the
together with the hodnotitelnými or measurable indicators before starting
execution of the task. Target remuneration the employee in the amount specified by the
the employer, depending on the performance of the indicators will not end if its
the employment relationship prior to the completion of the stated purpose.
§ 135
Pay or compensatory time off for work on public holidays
(1) employees who did not work because the holiday fell on his
usual working day, with a salary do not truncate.
(2) For work on public holidays the employer will provide employee replacement
off to the extent of work done on a public holiday, and at the latest by the end of the
the third calendar month following the work on public holidays
or other agreed period. For the period of compensatory leave, salary
do not truncate.
(3) an employer may agree with the employee to provide
surcharge in the amount of the average hourly earnings per hour of work in the
holiday instead of compensatory time off.
§ 136
Salary
(1) the employer shall give the employee on the date of commencement of employment
salary, which must be written.
(2) in respect of the assessment, the employer is obliged to provide data on the wage
grade and step, to which the employee is engaged, and the amount of
salary and other regularly provided by folders
salary. Date and place of payment is to be in respect of the assessment noted if
that information does not contract or internal regulations. If there is a change in the
the facts referred to in respect of the assessment, the employer is obliged to this
the fact employees in writing together with the grounds,
not later than on the date when the change takes effect.
(3) the supervisor, who is the statutory body or head of
business folder, issue the salary in the authority competent to determine its
salary (article 122, paragraph 2).
§ 137
Information system on salaries
(1) for the evaluation and development of the pay system leads the Ministry of finance
Information system on salaries
and the data from this system provides the Ministry of labour and Social Affairs
and the Ministry of the Interior. The information system is the information on wages
the system of public administration ^ 48).
(2) the information system on salaries means the collection,
processing and storage of data about resources on salaries and remuneration for
work readiness, average earnings and about the personal data
employee ^ 49) affecting the level of salary.
(3) employers are required to provide in the information system of the
pay particulars referred to in paragraph 2 to the extent and in the manner
Government by regulation.
TITLE IV
REMUNERATION OF THE AGREEMENT
§ 138
The level of remuneration of the agreement and the conditions for its payment shall be negotiated in the
the agreement for work or in work activities.
TITLE V OF THE
WAGE OR SALARY DURING THE PERFORMANCE OF OTHER WORK
§ 139
(1) if the employee has been transferred to another job, for which it is for the
lower wages or salary,
and) for reasons of risk of occupational disease or when in the workplace
specified by decision of the competent authority to protect public health
maximum exposure under a special legal regulation ^ 19) [§
paragraph 41. 1 (b). (b))],
(b)) according to the medical report issued by the provider of occupational health
services or the decision of the competent authority to protect public health in
order to protect the health of other individuals from infectious diseases
[§ 41 para. 1 (c) (d))],
(c)) to prevent an emergency, natural disaster or other potential
accidents or to mitigate its immediate consequences (article 41, paragraph 4),
or
(d)) for downtime or interruption of work due to adverse
weather (§ 41 (5)),
It must for the time to convert the balance to the wage or salary to the amount
the average salary, which was before converting.
(2) If an employee is transferred pursuant to § 41 para. 2 (a). (b)) to another
work than was agreed, he wages or salary under performed
work; However, unless the employee is convicted for an intentional
an offense committed in the performance of work or in direct
connection with the damage to property of the employer, it must in
time to convert the balance to the amount of average earnings, which amounted to
before converting.
(3) the Government may establish by regulation, under what conditions will pay the appropriate
administrative authority the cost of any additional payment of wages or salary provided by the
employees transferred to another job for the reasons referred to in § 41 para.
1 (b). (d)), the employer who provided it.
TITLE VI OF THE
REMUNERATION FOR WORK STAND-BY
§ 140
For a period of on-call time [section 78, paragraph 1 (b), (h)) and section 95] the belongs
the staff remuneration of at least 10% of average earnings.
TITLE VII
COMMON PROVISIONS ON WAGES, SALARIES, REMUNERATION FROM THE AGREEMENT AND REMUNERATION FOR WORK
The EMERGENCY ROOM
§ 141
(1) wages or salary are payable after the execution of the work, and the latest in the
calendar month following the month in which it was created
employees entitled to wages or salary or any folder.
(2) wages, salaries, and their individual components, agreed or
designed for an hour of work for the employees and for fractions of hours, which
has worked in the period for which the wages or salary provides.
(3) the Regular term of payment of wages or salary shall be effected
designated or specified within the period referred to in paragraph 1.
(4) the employer shall pay employees before embarking on the
leave the wage or salary payable during leave, fall term
payment for the period of leave, if the employee agrees to another
the day of payment. If this technique does not allow calculation of wages or salaries,
He must pay a reasonable advance and the remaining part of the wages or
the salary shall be obliged to pay him no later than the next regular
term of payment of wages or salary following the holiday.
(5) upon termination of employment, the employer is obliged to pay the
the staff at the request of a wage or salary for a monthly period
He was right, on the day of termination of employment. If it
technique does not allow calculation of wages or salaries, the employer must
pay him wages or salary not later than the next regular term
payment of wages or salary following the date of termination of employment.
§ 142
(1) a wage or salary, the employer must pay the employee in
legal money ^ 50).
(2) wage or salary are rounded to the nearest Crown upwards.
(3) wages or salary shall be paid on the job and in the workplace,
If the agreed upon a different time and a different place of payment or, if not in this
Act provides otherwise. If an employee is unable to appear before the
payday for serious reasons, the employer shall send a wage or salary in
regular payday, or at the latest in the nearest
the next working day at their own expense and risk, if the
employee have agreed on another date or method of payment.
(4) the employer with complex operating conditions for the payment of wages
or salary, if the payment was difficult or impracticable, may
the staff send a wage or salary at his own expense and risk, and that way,
the employee not later than by the deadline specified for the
their payout.
(5) in the monthly statement of wages or salary, the employer is obliged to
give the employee a written document containing information about each of the
the ingredients of the wages or salary and deductions made. At the request of
the employee shall submit to the employer the documents, on the basis of wage
or salary calculated.
(6) a person other than the employee's wage or salary may be paid only on
the basis of power of Attorney; This also applies to the spouse or partner ^ 51a)
employee. Without the written authorization may be paid a wage or salary
a person other than employees, only when required by this Act, or
a special law ^ 33).
§ 143
(1) on the basis of agreement with the employee, the employer is obliged to
the payment of wages or salary or other financial transactions for the benefit of
the employee, after making any deductions from wages or salary under the
This Act or special legislation, pay the amount of
specified by an employee at his/her cost and danger on a payment account
specified by the employee, not later than at a regular term of payment of wages
or salary if the employee in writing of the later term put matters right.
(2) Employees with the place of work abroad it is possible with their
the agreement to provide a wage or salary, or part thereof in the agreed foreign
currency, if this currency exchange rate announced by the Czech National Bank.
The provisions of § 142 paragraph 2. 2 of rounding is used for rounding
wages in foreign currency.
(3) for the conversion of the wages or salary or their part in foreign currency
the rate announced by the Czech National Bank valid on the day on which the
the employer buys foreign currency for the purpose of payment of wages or salary.
§ 144
If the employer of the employee agree on the maturity and
shall apply to the payment due date and payment of the remuneration, the remuneration agreement
work readiness and compensation for wages or salary of section 141, 142 and 143.
If the negotiated lump sum maturity rewards from the agreement only after
the whole of the work, the employer shall pay the remuneration to the task of agreement in
next pay date after the completion and submission of work.
Section 144a
(1) it shall be prohibited to assign the right to wages, salaries, remuneration from the agreement or
their refund.
(2) it shall be prohibited to use the right to wages, salaries, remuneration from the agreement, or their
part of their compensation to ensure the debt; This does not apply in the case of
the agreement on wage deductions.
(3) if it deviates from the party of the prohibitions referred to in paragraphs 1 and
2, disregard it.
(4) the set-off against a claim for wages, salaries, remuneration and compensation agreement
the wages or salary may be performed only under the conditions laid down in the regulations
enforcement of wages in the code of civil procedure ^ 54).
TITLE VIII
DEDUCTIONS FROM INCOME FROM THE EMPLOYMENT RELATIONSHIP
Part 1
General provisions
§ 145
(1) the Deductions from income the employee for the purposes of this Act, deductions
from the wages or salary and other income of the employee from the
employment relationship pursuant to § 3 (hereinafter referred to as the "payroll deductions").
(2) in other income of the employee referred to in paragraph 1 are
and remuneration of the agreement),
(b)) to pay wages or salary,
c) remuneration for work stand-by,
d) compensation, where appropriate, similar services provided by staff in the
with regard to the termination of employment,
(e) the financial performance of the fidelity or) stability of the nature provided by the
the staff in the employment context,
f) rewards pursuant to § 224 of paragraph 1. 2.
§ 146
Deductions from wages may only be made
a) in the cases specified by this Act or the Special Act,
(b)) on the basis of the agreement on wage deductions or to meet obligations
the employee,
(c)) to pay the contributions of the employee who is a member of a Trade Union
Organization, if this was agreed upon in the collective agreement or on the basis of
a written agreement between the employer and the Trade Union and
with the consent of the employee who is a member of a trade union organization.
Part 2
The order of payroll deductions
§ 147
(1) the employer may knock the workers [section 146 (a))]
and) income tax natural persons from employment or insurance on the
pension savings,
b) social security contributions and contribution to State policy
employment and health insurance premiums,
c) an advance on wages or salary that the employee is required to return
because they have not met the conditions for the granting of the wage or salary,
(d)) not stated an advance on travel expenses, or other
uncleared advances granted to the employees to carry out their work
tasks,
(e)) to pay the wages or salary for a holiday to which the employee has lost
right, or right to which he, and to pay the wages or salary under section
192 to which employees right.
(2) enforcement (execution) ordered or conducted by the Court, the Court
the bailiff ^ 51), the tax administrator ^ 52), authority of the Administrative Office, other
State authority or local government unit ^ 53) is governed by the
special legislation ^ 54).
(3) deductions from wages of the employee by the employer for acceptance into the
employment, the composition of the cash to pay for the warranty or contractual penalties
are not allowed. Deductions from wages to compensate for damage are possible only on the
under the agreement on wage deductions [section 146 (b))].
§ 148
(1) deductions from wages shall preferably be carried out only in accordance with § 147 paragraph. 1 (b).
a) and b) ^ 55).
(2) deductions from wages may only be made under the conditions laid down in
modify the enforcement of wages in the code of civil procedure ^ 54);
These terms are governed by the claims of the Court, the Court
the bailiff ^ 51), the tax administrator ^ 52) or the authority of the Administrative Office, other
State authority or local government unit ^ 53) enacted
enforcement order of the individual claims.
§ 149
(1) for payroll deductions made pursuant to paragraph (b), 146. (b)) shall be governed by order
the date when the agreement on wage deductions employers delivered or
When she was between the employee and the employer concluded a siphoning
from wages; If deductions from wages for the benefit of the employer, be governed by the
the order of the day was the agreement on wage deductions.
(2) for payroll deductions made pursuant to § 147 paragraph. 1 (b). c, d) and (e))
is governed by the order of the day on which it was started with the implementation of the precipitation.
(3) the salary deductions under section 146 (a). (c)) shall be governed by the order of the day
the employee agreed to the implementation of precipitation.
(4) If an employee starts employment with another
the employer remains the order acquired the claims referred to in paragraph
1, is retained by the new employer (payer of wages or salary). New
employer (payer of wages or salary) starts to make deductions on the date on
which the employee, current employer (payer of wages or
salary) or authorized learns that deductions from wages are carried out and for the
What of the claim; the same shall apply in the case referred to in paragraph 2, if the
the agreement on wage deductions, this effect has not been explicitly excluded.
§ 150
The employer records the data, which are the name or names and
last name, address, in the case of a natural person, the name and address, in the case of
legal person, and documents relating to deductions from pay
and for the same period as the other information and documents relating to wages or
salary ^ 56).
PART SEVEN
REIMBURSEMENT OF EXPENSES IN CONNECTION WITH THE PERFORMANCE OF THE WORK
TITLE I OF THE
GENERAL PROVISIONS ON COMPENSATION PROVIDED TO EMPLOYEES IN CONNECTION WITH THE
THE PERFORMANCE OF WORK
§ 151
The employer is obliged to provide employees, unless this Act
unless provided otherwise below, reimbursement of expenses incurred in connection with
the performance of work, to the extent and under the conditions laid down in this section.
§ 152
Travel expenses for which it provides the employer
travel expenses, means the expenses incurred by the employee when
a business trip) (§ 42),
(b)) the way outside the regular workplace,
(c)) in connection with the extraordinary way the performance of work outside of the shifts in
place of work or regular work,
d) transfer (section 43),
e) temporary assignment (section 43a)
f) admission to employment in the employment contract,
g) work abroad.
§ 153
(1) the conditions that may affect the granting and amount of travel
the refund, in particular the time and place of entry and exit dates, place of performance
of work, mode of transportation and accommodation, shall designate in writing in advance
the employer; in so doing, take account of the legitimate interests of employees.
(2) if the circumstances are right for the employee to travel
the amount of compensation and their unquestionable, previous written form destination
conditions is not required, it does not take on an employee.
§ 154
Foreign travel means way, held outside the territory of the United
of the Republic. The time of creation of the right of the employee to decide on compensation for
travel expenses in foreign currency, duration of transition state borders of the Czech
the Republic, which shall notify the employee of the employer, or the time of departure of the
The United States and the arrival in the United States for air transport.
§ 155
(1) travel expenses it is possible for an employee who is being held for
the employer's work on the basis of agreements on work performed outside the working
ratio, provide only if it has been agreed that this right, as well as
instead of the regular work of the employee.
(2) If an employee under the agreement for the implementation of work working
task in a place outside the village of residence shall be entitled to travel expenses, if the
their provision of agreed, even if it is not agreed upon, instead of the regular
the workplace.
TITLE II
PROVIDE TRAVEL EXPENSES FOR EMPLOYEES OF THE EMPLOYER, WHICH IS NOT
LISTED in § 109 PARAGRAPH. 3
Part 1
Travel expenses during a business trip or when traveling outside of regular
workplace
§ 156
Types of travel expenses
(1) the employer referred to in this title shall, under the conditions
laid down in this title provide the employee on duty
compensation
and) travel expenses,
b) travel expenses to visit a family member,
(c)) expenditure on accommodation,
d) elevated food expenditure (hereinafter referred to as "subsistence allowance"),
e) necessary incidental expenses.
(2) for the purposes of the provision of travel costs for the staging path
the path that is listed in section 152 (b). (b)), and (c)).
(3) the employees of an employer may provide additional compensation for expenses,
for travel expenses, however, only those that have been provided in the
accordance with § 152.
Reimbursement of travel expenses
§ 157
(1) the refund of travel expenses using the specified mass transport
means of distance transportation and taxi services for the employees in the
proven.
(2) If an employee, with the approval of the employer, instead of the specified
mass means of transport transports another means of remote
instrument, including a road motor vehicle, other than a vehicle
provided by the employer, it is for him to reimbursement of travel expenses in the
the amount of the corresponding fare for the specified mass transport.
(3) If an employee is on employer's request road motor
the vehicle, with the exception of a vehicle provided by the employer, it must
for every 1 km of basic compensation and reimbursement of expenses for the consumed
motor fuel.
(4) the rate of basic compensation for 1 km is at least
and two and three wheelers) 1.00 €,
b) passenger road motor vehicles 3.70 €.
When you use the trailer for road motor vehicle employer rate
basic compensation for 1 km of travel will increase by at least 15%. This rate
basic compensation varies depending on the development of the implementing
Regulation issued pursuant to section 189.
(5) base compensation for trucks, buses and tractors
the employee is at least twice the rate provided for in the
paragraph 4 (b). (b)).
§ 158
(1) if the amount of the rates of the basic compensation agreed or determined
employer before sending employees on a business trip, it is for the
employees rate of basic compensation pursuant to § 157 paragraph. 4 and 5.
(2) compensation for the consumed fuel shall designate an employer a multiple of
the price of fuel and the amount of fuel consumed.
(3) the price of fuel shows an employee proof of purchase from
which is related to travel. If
employee price fuel more documents concerning its purchase, from which
is the apparent link with travel, calculates the price of fuel
to determine the amount of compensation the arithmetic mean of the employee of the proven
prices. If an employee in a credible way, the price of fuel
the employer can prove it's the employer to determine the amount of the refund
the average cost of fuel set by the implementing
Regulation issued pursuant to section 189.
(4) the fuel consumption of road motor vehicle calculated
the employer of the consumption data indicated in the registration papers
used vehicles, which the employee is obliged to employers
submit. If the vehicle licence does not contain this information,
employee reimbursement of expenses for fuel only if
fuel consumption proves the technical proof of vehicle of the same
a type with the same cubic capacity. When determining the consumption of fuel
It's the employer an indication of consumption for the combined operation by
the standards of the European Union. If this information is not in the technical card listed,
the employer calculates the fuel consumption of the vehicle the arithmetical
the mean of the data set out in the certificate of title.
§ 159
(1) the reimbursement of travel expenses for the use of local public transport in the
accordance with the specified conditions, the Mission of the employee in
proven amount; This compensation shall belong to the employees and in addition to compensation under section
paragraph 157. 1 to 3.
(2) the grant of a refund of travel expenses using local public
travel, business trips in the municipality in which an employee has agreed
place of work, the employer shall provide compensation in the amount of
the corresponding fare in force at the time of the mission, without
an employee had to travel expenses. Reimbursement of travel expenses
It is not for employees if the employer shall ensure that employees use
local public transport, in a manner that the employee financially
does not contribute.
§ 160
Using means of transport after their prearranged
business trip interruption due to reasons on the part of the employee, after which the
not followed by the performance of work, the employer is obliged to pay employees
reimbursement of travel expenses only up to the amount that employees
If the abort of the Mission did not occur. Similarly
When the prearranged business trip interruption due to the side
employees from the performance of work.
§ 161
Reimbursement of travel expenses to visit a family member
(1) if the business takes way longer than 7 calendar days,
employees of the reimbursement of travel expenses to visit a family member in his
residence or other prearranged place of residence of a family member and
back in the amount and under the same conditions as in section 157 to 160, with the
the employer shall provide employees reimbursement of travel expenses shall not
amount corresponding to driving expenses to their place of work or
regular workplace or residence in the territory of the Czech Republic. For
limiting is considered to be the amount that is for employees
the most advantageous.
(2) when using air transport covered by the employer driving
expenses to visit a family member only in the amount corresponding to the fare
road or rail transport long distance,
to be determined by the employer. The provisions of paragraph 1 apply here as well.
(3) reimbursement of travel expenses to visit a family member shall provide
the employer the longest during the fourth week of the beginning of the work
path, or from the last visit of the family member if the employee
agree on less.
§ 162
Reimbursement of accommodation
(1) employees for the compensation of expenses for accommodation expenses, incurred in the
accordance with the terms of the mission, and that of the
employer. After the visit of family member shall be borne by
the employer proven accommodation expenses only
If the employee had given the terms of the mission
or accommodation services keep.
(2) during the period in advance of the agreed business trip interruption due to reasons on the
the employee is not the employer must pay the employee
expenditure on accommodation provided, even when he had to, after this period of time the employee with
the light of the conditions of travel or accommodation expenses for
vacation pay.
§ 163
Subsistence allowance
(1) for each calendar day the employee of the mission subsistence allowance
at least in the amount of
and $ 69), if the business trip takes 5 to 12 hours,
(b)) $ 104, if the business takes way longer than 12 hours, but no longer than 18
hours,
(c) $ 163), if the business takes way longer than 18 hours.
This amount of subsistence allowance varies depending on the development of an
the legal regulation issued pursuant to section 189.
(2) if staff of the mission provided a food that has
the character breakfast, lunch or dinner, at which the employee financially
does not contribute (hereinafter referred to as "free food"), employee meals
reduced for every free meal to the value
and) 70% of the subsistence allowance, if the business trip takes 5 to 12 hours,
(b)) 35% subsistence allowance, if the business takes way longer than 12 hours, the longest
However, 18 hours
(c)) 25% of the subsistence allowance, if the business takes way longer than 18 hours.
(3) If an employer or put matters right tells you before sending the employee to
working your way higher than the subsistence allowance provided for in paragraph 1, for the
employee subsistence allowance referred to in paragraph 1. If an employer or put matters right
tells you before sending an employee to a lower value reductions,
employee subsistence allowance minus the maximum laid down in the
paragraph (2).
(4) when the mission that falls within 2 calendar days shall refrain from
a separate assessment of the duration of the Mission in a calendar day,
If it is more favorable to workers.
(5) after the visit of family member or for an agreed break
the Mission of the reasons for the employee subsistence allowance staff
It is not for. Decisive period for the right of subsistence before visiting Member
family or business trip ends with the interruption of the agreed termination
work, or other pre-agreed manner, and after visiting Member
family or business trip interruption due to reasons on the part of the employee
It begins at the same time with the beginning of the work, performance or other pre-agreed
way.
(6) If an employee sent on a business trip to his place of residence,
that is different from his place of work or regular
the workplace, it is for subsistence only for travel to his residence and
back and over the performance of the work at this location.
(7) the reasons for the failure to provide subsistence allowance laid down in paragraphs 5 and 6
prohibited from expanding.
§ 164
Reimbursement of necessary incidental expenses
Employees for reimbursement of necessary incidental expenses, which
arise in direct connection with travel in the amount of the
employer. If an employee is unable to demonstrate the level of expenditure,
It must refund the cost of the goods and the services usual in the time and
the place of the mission.
Part 2
Refunds on transfer and temporary přiděleníí
§ 165
(1) If an employee is transferred or temporarily assigned to another
employer to another place of work than had been agreed in the
the contract, which is at the same time different from the place of residence of the employee,
It must refund in the amount and under the conditions laid down in section 157 to 164.
If an employee returns to the residence every day, time spent in this
the place is not counted into the period applicable to the provision of subsistence.
(2) an employee who is in receipt of subsistence allowance referred to in paragraph 1 and is at the same time
sent on a business trip outside the place of transfer or secondment
It is for subsistence, which is more favorable to workers. Other travel
the compensation of the employee as a business trip.
Part 3
Travel expenses during a business trip abroad
§ 166
Types of travel expenses
(1) the employer is obliged to provide, under the conditions set out below
employee meal allowance in the amount and under the conditions set out in section 163, with
the exception of paragraph 4, and compensation
and) travel expenses,
b) travel expenses to visit a family member,
(c)) expenditure on accommodation,
d) food expenditure in foreign currency (hereinafter referred to as "foreign subsistence"),
e) necessary incidental expenses.
(2) an employer may provide a business trip abroad
employees and other travel expenses.
§ 167
Reimbursement of travel expenses
Reimbursement of travel expenses of the employee in the amount and under the conditions
laid down in section 157 to 160, with the compensation for the consumed power
mass in a foreign currency and supported by price is obliged to pay only for kilometres
travelled outside the United States. If serious reasons an employee
proof of purchase of the fuel outside the territory of the United States, he may
the employer shall provide compensation for the consumed fuel in foreign
the currency on the basis of his statement about the actually incurred by the price of fuel
matter and the reasons for its failure to prove.
§ 168
Reimbursement of travel expenses to visit a family member
If a foreign business trip is longer than 1 month, and if you visit
the family member by the employer agreed or determined before sending
an employee on a business trip abroad, the employee compensation
travel expenses to visit a family member in his residence, or to
another pre-arranged place of residence of a family member and back under section 167,
but not in the amount corresponding to driving expenses to the place of
work or regular work or place of residence of the employee on the territory
Of the Czech Republic. Limit is considered to be the amount that is for
staff is the best.
§ 169
Reimbursement of accommodation
Employees for the compensation of expenses for accommodation expenses, incurred in the
accordance with the terms of business trips abroad, according to § 162.
§ 170
Foreign subsistence
(1) employees of a foreign business trip abroad
subsistence expenses in foreign currency in the amount and under the conditions set out below.
(2) If an employer negotiate or designate before sending the employee to
a business trip abroad standard rate foreign subsistence allowance shall
This base rate amount in whole currency units, taking into account
the conditions of business trips abroad and diet, at least 75
for crew members of inland waterway vessels, at least 50% of the basic
Foreign subsistence allowance rates established for the competent State by the implementing
the legal regulation issued pursuant to section 189. If the employer
does not flow under the first sentence, shall determine the employees of foreign meals
above the basic rate of foreign subsistence allowance laid down by an implementing
Regulation issued pursuant to section 189. The amount of foreign subsistence allowance shall designate
the employer of a rate base of foreign subsistence allowance agreed or
established for the State in which the employee spends in the calendar day
most of the time.
(3) employees for foreign subsistence at the prime rate
referred to in paragraph 2, if the time spent outside the territory of the Czech Republic
It takes in a calendar day more than 18 hours. If this period lasts longer than 12
hours, but not more than 18 hours, the employer will provide employees
Foreign subsistence allowance at the rate of two-thirds of the rate of the foreign
subsistence allowance, and equal to one third of that rate foreign subsistence allowance,
If the time spent outside the territory of the United Kingdom 12 hours or less, but
at least 1 hour or longer than 5 hours, if employees under a
the journey on the territory of the Czech Republic the right to subsistence allowance under section 163 or § 176.
If the time spent outside the United States, less than 1 hour
Foreign subsistence allowance shall not be granted.
(4) the time spent outside the territory of the Czech Republic, which last 1 hour and
longer when more foreign business trips in one calendar day,
for the purposes of foreign subsistence allowance added together. Period during which does not arise
employees entitled to foreign subsistence, are added to the time
applicable to the grant of subsistence allowance under section 163.
(5) if the employee provided during business trips abroad
free food, the employee in the amount of foreign meals
the base rate for each free meal to the value
and foreign subsistence allowance) 70%, if it is a foreign meals in 1
the prime rate,
(b)) 35% foreign subsistence allowance, if the foreign subsistence in
two-thirds of the basic rate,
(c)) 25% foreign subsistence allowance, if the foreign subsistence allowance in the amount of
the basic rate.
If an employer put matters right the lower value of reducing foreign subsistence allowance,
or it tells you before sending employees on a business trip abroad,
the employee abroad minus the highest value
provided for in the first sentence.
(6) after the visit of family member or for an agreed break
foreign business trips of the reasons for the employee's foreign
It is not for staff meals. Decisive period for the right of foreign
subsistence before visiting a family member or interruption of the agreed
foreign business trips due to the employee ends
termination of employment, or other pre-agreed manner, and after
visit a family member, or interruption of business trips abroad for reasons of
for the employee starts simultaneously with the start of work, or
other pre-agreed manner.
(7) If an employee sent on a business trip abroad to their
place of residence, it is for subsistence and foreign subsistence only under way into
residence and back, for the trip to work and back, and during the performance of work
in this place.
(8) the reasons for the non-foreign subsistence allowance provided for in the
paragraphs 6 and 7 are prohibited from expanding.
§ 171
Reimbursement of necessary incidental expenses
Employees for reimbursement of necessary incidental expenses under section 164.
Part 4
Refund on work abroad
§ 172
It was agreed the place of work, or even regular workplace
outside the territory of the Czech Republic, the employee for the days of the first path of the
The Czech Republic to the place of work or regular work and
back to the travel expenses as a business trip abroad. If
employee travels with the consent of the employer and the Member of the family,
employee compensation and proven travel, accommodation and
necessary incidental costs incurred by that Member of the family.
TITLE III
PROVIDE TRAVEL EXPENSES FOR EMPLOYEES OF THE EMPLOYER, WHICH IS
LISTED in § 109 PARAGRAPH. 3
Part 1
General provisions
§ 173
The employer as referred to in this title shall provide the employee travel
refunds in the amount and under the conditions laid down in this title. Other or higher
travel expenses may not provide the employer to an employee.
§ 174
In the provision of travel expenses follows the employer under section
the seventh title II, with the further established deviations.
Part 2
Variations in the provision of travel expenses when the mission
§ 175
Reimbursement of travel expenses
Rate of basic compensation provided for in § 157 paragraph. 4 and 5 for the
the employer cannot negotiate binding and or prior to travel
specify by way of derogation.
§ 176
Subsistence allowance
(1) upon the grant of subsistence allowance in § 163 para. 1 to 3 shall not apply.
Employees for each calendar day of the mission subsistence allowance in the
the amount of the
and $ 69 to 82) Eur, if the business trip takes 5 to 12 hours,
(b)) to $ 104-$ 125, if the business takes way longer than 12 hours, the longest
However, 18 hours
(c) $ 163-195) Eur, if the business takes way longer than 18 hours.
This amount of subsistence allowance varies depending on the development of an
the legal regulation issued pursuant to section 189.
(2) if the employer Prevents the secondment to a work path that takes
less than 5 hours, the employee will dine in the usual way, he may
provide a meal allowance up to the amount of subsistence allowance referred to in paragraph 1 (b). and).
(3) If a staff member on the path provided free
the food subsistence allowance, the employee is reduced for each free food on
the value of the
and) 70% of the subsistence allowance, if the business trip takes 5 to 12 hours,
(b)) 35% subsistence allowance, if the business takes way longer than 12 hours, the longest
However, 18 hours
(c)) 25% of the subsistence allowance, if the business takes way longer than 18 hours.
(4) Subsistence workers is not, if during business trips,
that takes a
and 5 to 12 hours), was given 2 free meals,
b) 12 to 18 hours, was given 3 free meals.
(5) If an employer or put matters right tells you before sending the employee to
working way of subsistence allowance, the employee meal allowance in the amount of
lower margin rates referred to in paragraph 1.
Part 3
The refund on receipt and transfer
§ 177
(1) if the employer agreed, or an internal regulation
provided for the granting of refunds on admission to employment in the
or being transferred to another location, can provide such compensation
up to the amount and scope according to § 165.
(2) compensation under paragraph 1 may the employer provide
until such time as the employee or a member of his family and other natural person
who live in a household in the village of place of work
reasonable, but no longer than 4 years, and in the case of the employment relationship, which is
contracted for a limited period, until the end of this work
ratio.
§ 178
Employees to whom the employer provides or could provide
a refund pursuant to section 165 and 177, which moves into a community in which his right to
or the possibility of granting of such refunds ceases to exist, the employer may
provide compensation for proven
and the freight) expenses, furnishings,
(b)) travel expenses and travel expenses from the place of residence of a family member to a new
residence,
c) necessary incidental expenses associated with the transportation of the residential
the device,
d) required the necessary expenses associated with the adjustment of the flat, and up to the amount
15 000 CZK.
Part 4
Variations in the provision of travel expenses during a business trip abroad
Section 179
(1) in providing foreign subsistence allowance, the provisions of § 170 para. 2
the first sentence, and paragraph 5 shall not apply. Employees for each
calendar day business trips abroad Foreign subsistence allowance in the amount of
the basic rate of foreign subsistence allowance provided for by the implementing
Regulation issued pursuant to section 189.
(2) the head of the organisational units of the State and their representatives, and
statutory bodies and their representatives, it is possible to identify foreign
subsistence expenses up to the amount in excess of the 15% standard rate of foreign
subsistence allowance referred to in paragraph 1, unless a special law
provides otherwise ^ 57).
(3) if the employee during foreign business trips abroad
provided free food, the employee abroad
reduced for each free food by the value
and foreign subsistence allowance) 70%, if it is a foreign meals in 1
the prime rate,
(b)) 35% foreign subsistence allowance, if the foreign subsistence in
two-thirds of the basic rate,
(c)) 25% foreign subsistence allowance, if the foreign subsistence allowance in the amount of
the basic rate.
(4) foreign employees is not meals, if during the
foreign business trips, which takes
and 5 to 12 hours), was given 2 free meals,
b) 12 to 18 hours, was given 3 free meals.
§ 180
The employer may provide employees an allowance to a maximum of 40% of the
Foreign subsistence allowance provided to employees under section 170 para. 3 and §
paragraph 179. 1 and 2.
Part 5
Refund on work abroad
§ 181
In addition to the compensation provided for in § 172 of the employee compensation
in the implementing regulation issued pursuant to section 189. Employees
It is not for subsistence allowance for the duration of the Mission in the territory of the Czech Republic and
Foreign subsistence in the country of work or regular work.
TITLE IV
COMMON PROVISIONS ON TRAVEL COMPENSATION
§ 182
Flat-rate travel expenses
(1) upon agreement of a fixed amount monthly or daily travel allowances,
where appropriate, in its determination of the internal regulation or an individual
written by specifying is based on average conditions decisive for the
provision of travel expenses for a group of employees or the employees of the
amount of travel expenses and of the expected average spending of this group
employees, or that employee. At the same time determine the method of reduction
the lump sum payment for the period when an employee does not work.
(2) on the request of an employee, the employer is obliged to submit it to the
consultation documents, on the basis of a lump sum intended.
§ 183
Advance on travel allowances and expense report
(1) the employer shall provide the employee accountable
backup up to the estimated amount of travel expenses, if the
the employee agrees that the backup will not be granted.
(2) when a business trip abroad, the employer may, in consultation with the
an employee make an advance payment in a foreign currency, or part thereof, whether or not travel
by cheque or credit card lending employer. The employer is
can an employee agree to advance foreign
meals in the Czech currency or in other than in the implementing regulation
issued under section 189 provided for foreign currency for the State, if it is
This currency exchange rate announced by the Czech National Bank. When determining the amount
Foreign subsistence allowance in the agreed currency first detects the Crown
the value of foreign subsistence allowance, which is adjusted to the agreed currency.
To determine the value of foreign subsistence allowance and the amount
Foreign subsistence allowance in the agreed currency, the exchange rate announced by the
The Czech National Bank valid on the day of payment of the advance.
(3) if the employee and employer agree to a different time,
the employee is obliged within 10 working days after the date of termination of employment
path, or other facts establishing the right to travel reimbursement
submit to the employer a written documents needed to Bill
travel expenses and return the backup not stated. The amount that is
the employer return in the Czech currency, rounded to the nearest
Crown upwards.
(4) the amount by which the payment was in foreign business
way higher than the right of the employee, the employee returns
employers in the currency, which the employer provides, or in the currency
to which an employee this currency abroad to Exchange, or in the Czech currency.
Amount by which the payment was a business trip abroad
lower than the right of the employee, the employer has to pay the employees in
the Czech currency, unless otherwise agreed. When Bill advances it
the employer of an employee of the documented course was provided by the currency in
converted to another currency abroad, and the quotations referred to in paragraph 2.
(5) unless otherwise agreed by the Contracting Parties at different times, the employer is
shall, within 10 working days from the date of submission of written documents
the employee perform billing of travel expenses and satisfy his
rights. The amount which the employer to provide employees in the Czech
currency shall be rounded to the nearest Crown upwards.
§ 184
In the provision of travel expenses, for which advance payment has been granted,
shall apply mutatis mutandis to section 183 with the fact that for the currency conversion rate
announced by the Czech National Bank valid on the date of commencement of foreign
the working path.
§ 185
If you are required to provide proof of relevant travel expenses
expenses, and the employee is proven, the employer may provide
This compensation in the delegated level which corresponds to the specified terms and conditions, if the
This law provides otherwise (article 158, paragraph 3).
§ 186
The employee shall without undue delay notify the employer
change the fact that is decisive for the provision of travel expenses.
§ 187
A family member of the employee for the purposes of provision of travel expenses,
with the exception of § 177 paragraph. 2, considers its spouse, partner ^ 51a), custom
the baby, osvojenec, conferred on the staff of the child in foster care or in
education, their own parents, adoptive parent, guardian and foster parent. Other physical
person is equated with a family member only provided that lives
the employee in the home.
§ 188
Travel allowances paid under an international treaty or on the basis of
agreements on mutual exchange of staff with a foreign employer
(1) an employee who is sent on a business trip abroad, and after
This time he is entitled under the international treaty reimbursement of the travel
the expense or refund the amount of the expenditure in the less than under this part,
the employer will provide the travel allowance equal to the difference between the law
under this part and the refund provided under international treaties.
(2) an employee who is sent on a business trip abroad, and after
This time he is entitled under the international treaty reimbursement of the travel
the expense or reimbursement of expenses similar to the same or higher amount than
under this part, an employer travel allowances under this part
does not provide.
(3) reimbursement of travel expenses or reimbursement of expenditure which are
staff provided by an international agreement, shall be construed as
travel allowances paid under this part.
(4) if the employer shall negotiate in the agreement on the mutual exchange of
employees that will be foreign employees seconded to the United
States provide subsistence allowance, shall be obliged to provide at least
the upper limit of subsistence allowance provided for in § 176 para. 1. the employer
referred to in the seventh title III can provide subsistence to the foreign
employees of up to twice the subsistence allowance provided for in the first sentence
and pocket money of up to 40% of the agreed or specified subsistence allowance.
§ 189
Powers of execution
(1) in regular period from 1. in January, the Ministry of labour and social
things by Decree
and rate) changes the basic compensation for the use of road motor
vehicles specified in § 157 paragraph. 4,
(b)) changes the subsistence allowance laid down in paragraph 163 para. 1 and § 176 para. 1,
(c)) provides for an average price of fuel, according to the Czech
the Statistical Office on the prices of vehicles, about the prices of food and non-alcoholic
drinks in public catering and fuel price.
(2) in an extraordinary time, the Ministry of labour and Social Affairs shall adjust the
by Decree of the rate of basic compensation for the use of road motor
vehicles, subsistence or the average cost of fuel, when according to the
the Czech Statistical Office, some of the prices referred to in paragraph 1
from the effective date of this Act, or from the effective date of the last modification
contained in the Decree, will increase or decrease by at least 20%.
(3) meal is rounded up to the nearest Crown of up to 50 cents in the direction
down from 50 cents including upwards. Rate of basic compensation and
average fuel prices are rounded to the use direction
up.
(4) in a regular term from 1. in January the Ministry of finance Decree
fixed the level of base rates foreign subsistence allowance throughout the currency
units of the respective foreign currency, based on a proposal of the Ministry of
Foreign Affairs according to documents drawn up by the representative offices of
prices of food and non-alcoholic beverages in public catering
middle-class devices and at installations of the first qualitative
the classes in the developing countries of Asia, Africa and Latin America, and with the
using statistical data to international institutions.
(5) in an extraordinary term Treasury adjusts the Decree
the basic rate of foreign subsistence allowance as soon as the price referred to in
paragraph (4) and the course set by the foreign currency from the last adjustment will increase or
reduced by at least 20%.
(6) the Government regulation for the employees, which shall negotiate
the employer mentioned in the seventh title III, place of work,
or even regular workplace, outside the territory of the United States, substitute
and the increased cost of living)
(b)) for the additional expenses,
(c)) travel expenses and accommodation expenses in some ways to the United
Republic and back,
d) expenses associated with the transportation of personal belongings.
TITLE V OF THE
THE REPLACEMENT FOR THE WEAR AND TEAR OF YOUR OWN TOOLS, EQUIPMENT AND ITEMS NEEDED
FOR THE PERFORMANCE OF THE WORK
§ 190
(1) If an employer negotiate, or an internal regulation or
individually in writing the conditions, amount and method of granting refunds for
wear your own tools, equipment or other items needed to
performance of staff members, provides this compensation for agreed,
laid down or specified conditions.
(2) the provisions of paragraph 1 shall not apply to the use of a motor
the vehicle, which is governed by § 157 refund up to 160.
PART EIGHT
BARRIERS TO WORK
TITLE I OF THE
OBSTACLES IN THE WORK OF THE EMPLOYEE
Part 1
Important personal barriers
§ 191
The employer is obliged to apologize to the absence of the employee at work after
the period of his temporary incapacity under special laws
^ regulations 58), after the quarantine period ordered under a special legal
prescription ^ 59), for the period of maternity or parental leave, for a period of
care for a child younger than 10 years or another Member of the household in the
cases under section 39 and the Act on sickness insurance for care
a child younger than 10 years old, for the reasons set out in section 39 of the law on sickness
insurance, or because of, where the natural person who, otherwise, for the child
cares, underwent examinations or treatment at the health provider
services that could not be secured outside working hours for the employee, and
Therefore, it cannot take care of the child.
Pay the wages, salary or remuneration from agreements on work performed outside the
employment for temporary incapacity (quarantine)
§ 192
(1) an employee who has been recognized temporarily unable to work, or you
the quarantine was ordered, at the time of the first 14 calendar days and
in the period from 1. January 2012 to 31. December 2013 at the time of the first 21
calendar days of temporary incapacity or duration of quarantine
pay wages or salary in the days of the second sentence and in the amount according to the
paragraph 2, where, on the date of formation of temporary incapacity or
quarantine staff member meets the conditions of entitlement to sick leave in accordance with
regulations on sickness insurance. Within the period referred to in the sentence
First, it is for the replacement of wages or salary for the days that are for
employee working days, and for holidays, for which otherwise pertain to
the employees pay the wages or salary or wages do not truncate if in
each of these days, the conditions for entitlement to the payment meets the
the sickness according to the regulations on health insurance, and if the working
the ratio of takes, but not longer than until the date of exhaustion of the support period
payment of sickness ^ 61); not pay wages or salary for the first 3
such days of temporary incapacity to work, but not in the first 24
neodpracovaných hours of allocated shifts. To temporary work
the inability of the date on which the employee has already worked shift,
begins a period of 14 calendar days, and for the period from 1. January 2012 to 31.
December 2013 period of 21 calendar days of temporary incapacity
for the purpose of providing compensation for wages or salary the following calendar
on the day. If in the first period of 14 calendar days, and for the period from 1.
January 2012 to 31. December 2013 in the period of the first 21 calendar days
duration of temporary incapacity or quarantine belongs
sick ^ 62) or maternity benefit ^ 63), wage compensation
salary is not. If employees at the time of temporary work
incapacity or quarantine the right to compensation for wages or salary under sentence
first to third, he is not at the same time pay the wages or salary due to
other barriers to work.
(2) the refund of wages or salary referred to in paragraph 1 shall be taken in the amount of 60% of the
average earnings. For the purpose of determining compensation for wages or salary
average earnings adjusted in a similar manner, which modifies the
the daily assessment base for the calculation of sickness benefits from a sickness
insurance ^ 64), except that for the purposes of this adjustment, the reduction
limit laid down for the purposes of sickness insurance ^ 64a) multiplied by the
the coefficient 0.175 and then rounded to the penny facing up. If it is to
the employee for the day in which it originated or terminated the right to
to pay the wages or salary referred to in paragraph 1, the right to a wage or salary
as part of working hours, it must for this day only a proportion of the compensation
the wages or salary attributable to that part of the working hours, for which he
does not belong to the wage or salary.
(3) the agreed or the amount of compensation fixed by the internal regulation of wages or
salary for the period referred to in paragraph 1, the second part of the sentence after the semicolon
or above the amount referred to in paragraph 2, the first sentence shall not exceed the average
earnings (article 356, paragraph 1).
(4) pay the wages or salary, determined in accordance with paragraphs 2 and 3 shall be
reduced by 50%, as regards cases where according to the regulations on sickness
insurance are entitled to sick leave at half rate ^ 65).
(5) If a staff member in the period of the first 14 calendar days and in
period from 1. January 2012 to 31. December 2013 in the period of the first 21
calendar days of temporary incapacity the obligations referred to in
the first sentence of paragraph 6, which are part of the mode temporarily work
insured, the employer may, in view of the seriousness of the
violation of these obligations to pay the wages or salary decrease or
not to provide. Pay wages or salary shall not be reduced or
If not provided, for the same violation of the mode temporarily work
insured given notice to the employee pursuant to section 52 (a). (h)).
(6) the employer is entitled to check whether an employee who has been
temporarily unable to work, observes in the period of the first 14
calendar days and during the period from 1. January 2012 to 31. December 2013 in
the period of the first 21 calendar days of temporary incapacity
set mode to temporarily work insured in respect of
the obligation laid down specific legislation ^ 66) in
place of residence and to comply with the time range of the allowed and walks.
The employer is obliged, in the event of violation of the obligations referred to
in the first sentence an employee make a written record of the inspection with the
an indication of the facts, which constitute a breach of this procedure; a copy of the
for this record, the employer is obliged to provide employees who
This regime has violated, the district administration of social security
According to the place of residence of the employee at the time of temporary incapacity ^ 67)
and doctor the employee temporarily unable to work.
The employer is entitled to ask the attending physician, which provided
employees temporarily work insured mode of communication
This scheme to the extent that the employer is entitled to check, and
evaluation of detected cases of employer violation of this regime.
The employee is obliged to allow employers to check for compliance with their
the obligations referred to in the first sentence.
§ 193
Pay the wages or salary under documents laid down for
to qualify for sick leave and shall be paid in the next
regular payday of wages or salary after submitting these
documents. The employer shall determine, by when before
pay term papers must be submitted for refund
wage or salary to this remedy could be in this pay period
paid.
§ 194
An employee who works on the basis of the agreement for work or
contracts for work, at the time of the first 14 calendar days
and in the period from 1. January 2012 to 31. December 2013 at the time of the first 21
calendar days of temporary incapacity (quarantine)
refund rewards from the agreement, under the conditions laid down in section 192 and 193. For
the purpose of providing this refund applies to an employee who works on the
under the agreement on work or contracts for work,
the employer set out the layout of the weekly working time in the innings,
that the employer is obliged to determine in advance for this purpose.
Maternity and parental leave
§ 195
Maternity leave
(1) in connection with the birth and care of a born child is the responsibility
a female employee maternity leave for a period of 28 weeks; She gave birth to at the same time 2
or more children, it is for her maternity leave for a period of 37 weeks.
(2) maternity leave a female employee comes usually from the beginning of the
the sixth week before the expected date of confinement, however, from the beginning, first
the eighth week before that date.
(3) if the employee Exhausts from maternity leave before delivery less than
6 weeks since the birth occurred before the designated physician, maternity
holidays after the date of onset until the expiry of the period laid down in
paragraph 1. However, if the employee exhausts from maternity leave before
delivery in less than 6 weeks for another reason, it is for her maternity leave
from the day of birth, just until the expiration of 22 weeks or 31 weeks, if the
the employee, who gave birth to 2 or more children at the same time.
(4) if the child was born dead, it is for the employee parent
holiday for 14 weeks.
(5) maternity leave in connection with childbirth may never be shorter
than 14 weeks and shall in no case expire or be discontinued (section 198
paragraph. 2) before the end of 6 weeks from the date of delivery.
§ 196
Parental leave
To enhance care for the child, the employer is obliged to provide
workers and employees at their request, parental leave.
It is for the mother of the child parental leave after the end of maternity leave
and father from birth of the child, and to the extent of what they ask, not, however,
longer than until the child reaches the age of 3 years.
§ 197
Maternity and parental leave when taking a child
(1) the right to maternity and parental leave is whether or not the employee
or the employee who took the child into care replacing parental care
on the basis of a decision of the competent authority, or a child whose mother
She died; by decision of the competent authority means a decision
It considers a decision on child custody, substituting the custody
for the purposes of State social support ^ 68).
(2) maternity leave under paragraph 1 for a female employee from the date of
taking a child for 22 weeks, and if the employee has taken 2 or
more children for 31 weeks, the longest, however, until the date when the child reaches the age of
1 year.
(3) parental leave referred to in paragraph 1 shall be taken from the date of receipt
the child until the day on which the child reaches the age of 3 years; a female employee who
drew maternity leave referred to in paragraph 2, parental leave
It is for this until after the end of maternity leave. If the child has been taken
After the age of 3 years, up to 7 years of age, it is for the
parental leave for 22 weeks. When taking a child from
the age of 3 years, so that by the time elapsed after reaching 22 weeks 3
years of age, parental leave is 22 weeks from the date of expiry of the
taking a child.
§ 198
Common provisions on maternity and parental leave
(1) maternity and parental leave is an employee and the employee
authorized to draw at the same time.
(2) if the child is taken into care for health reasons
infant or another medical facility and an employee or
the employee has to work, this advent
maternity or parental leave; It is for the rest of her from the
the day of the Institute repossess the child in your care, but not longer than
to the time when the child reaches the age of 3 years.
(3) if the employee or an employee no longer worry about the child,
and the child was therefore entrusted to the family or in institutional care
substitute parental care, as well as an employee or employees,
whose child is in the temporary custody of the infant, the Realty Institute
for other than medical reasons, not for maternity or parental
at the time that a child has.
(4) if the child dies during the time when the employee is on maternity or
parental leave or an employee on parental leave, it is for the
maternity or parental leave for a period of 2 weeks from the date of death
the child, until the day when the child reached the age of 1 year.
Other important personal barriers to work
§ 199
(1) If an employee is unable to perform work for other important personal barriers
in work related to his person, than are listed in § 191, is
employer must provide him at least within a specified range
the time off work and in specific cases, and to pay the wages or salary
in accordance with paragraph 2. Pay the wages or salary for the amount of average
earnings.
(2) the Government shall determine by regulation circuit of obstacles in the work referred to in paragraph 1,
the scope of work, cases in which the compensation of pay or
salary, including codecision trade unions of posting
workers at the funeral of collaborators, and even to employees who
do not work in the workplace of the employer, but according to the agreed
the conditions for him to carry out the work during working hours, which you yourself
rozvrhují (section 317).
(3) If an employer shall provide the employee time off work in order to
the posting of national expert ^ 69) to the authority or institution of the European Union,
the other international governmental organizations, in peace or rescue operations
or for the purpose of humanitarian assistance abroad, the employee
wage compensation in the amount of average earnings. For the provision of
leave the employer shall issue written confirmation of the employees, in
which shall be marked on the duration of leave. Length as follows
provided of leave may not exceed 4 years.
Part 2
Barriers to work because of the general interest
§ 200
Employees from the employer for time off in the strictly necessary
the scope for the exercise of public functions, civil obligations and other operations
in the general interest, if you cannot perform this operation during off-peak hours.
Pay wages or salary from an employer in these cases
is not, unless otherwise provided for in this Act, or if it is not
agreed or internal regulation provides otherwise. Specific legal
the rules governing the barriers to work for reasons of general interest are not
without prejudice to the.
§ 201
The performance of public functions
(1) the exercise of public functions for the purposes of this Act, the performance of
the obligations arising from the function that is
and) functional or time period and
(b)) offered on the basis of direct or indirect election or appointment by the
special legislation.
(2) the exercise of a public function such as the performance of the functions of a Deputy
The Chamber of deputies of Parliament, Senator, Member of the Senate of the Parliament
the Municipal Council of local government unit or an observer.
(3) employees who perform a public function in addition to the fulfilment of the obligations
arising from the employment relationship, it may be due to the exercise of public
the function given time off work to the extent of not more than 20 working days
(innings) in a calendar year.
§ 202
The performance of civic duties
About the performance of civil obligations, in particular for witnesses, interpreters,
forensic experts and other persons summoned to a hearing at the Court of the administrative
authority, other State authority or local government body,
When providing first aid, measures against the infectious
the disease, while providing personal help in fire protection,
natural events, or in similar emergencies and later in
cases where a natural person is obliged by the legislation of personal
help provide.
§ 203
Other acts in the general interest of the
(1) other acts in the public interest provided by law or special
^ Law 70).
(2) time off work for another act in the general interest of the staff
and with wage compensation) or in the amount of average earnings to
performance of the duties of a member of
1. the authority of trade unions under this Act,
2. the Works Council or the Election Committee under this Act, as well as
Representative for the safety and health at work in accordance with this
Act (§ 283 to 285),
3. the Negotiating Committee or the European Works Council in accordance with this
Act (§ 288-298),
4. the authority of the elected employee of the legal person under the Special
^ Law 71),
5. the Negotiating Committee and a member of the Staff Committee, under a special
^ law 71a).
b) pertain to the performance of other trade union activities, in particular, to participate in the
meetings, conferences or congresses,
(c)) to participate in the training organised by the trade unions in the
range of 5 working days in a calendar year, unless a serious
operational reasons, with wage compensation in the amount of average earnings,
(d)) to blood donor activities and Apheresis; It is for the work
leave with wage compensation in the amount of average earnings for the period
the path to the subscription, the subscription going back and recovery after the subscription, if these
the facts interfere with working time within 24 hours of the onset of the path
to subscribe to. If the path to the subscription, the subscription, and the way back is not enough 24
hours, time off work with wage compensation in the amount of
the average earnings for a proven strictly necessary for more time, if
interferes with the working time. If there is no subscription for the time off work
with wage compensation in the amount of average earnings only for proven
time necessary for absence from work,
(e) activities of other donors) to biological materials; It is for the work
leave with wage compensation in the amount of average earnings for the period
the path to the subscription, the subscription going back and recovery after the subscription, if the above
the facts interfere with working time within 48 hours of the onset of the path
to subscribe to. According to the nature of the collection and the State of health of the donor, your doctor may
specify that the time off with wage compensation in the amount of the average
earnings is shortened or extended; However, with the extension of a maximum of
the time spans of working time within 96 hours of the onset of the path to the
the subscription. If there is no subscription for the time off work with wage compensation
or in the amount of average earnings only for proven strictly necessary
a period of absence from work,
(f)) to the employee's activities during a lecture or teaching including the trial
activity; It is for the time off work to the extent not exceeding 12 shifts (working
days) in a calendar year, unless serious operational reasons on
the side of the employer. A shorter section of each innings, in which it was
given time off work are added together,
(g) the activities of a member) the mountain rescue service and physical person on her challenge
and according to its instructions personally helps during the rescue in the field;
It is for the time off work to the extent necessary,
(h)) to the activities of the leaders of the camps for children and youth, their representatives for
Economic and health, with other group leaders, educators,
instructors, or medium-sized health care workers in the camps
for children and youth; It is for the time off work to the extent necessary,
but not more than 3 weeks in a calendar year, unless a serious
operational reasons on the part of the employer, and on the condition that the employee
at least 1 year before releasing consistently and worked free of charge with
children or youth work. The condition of continuous and free work
does not require, in the case of camps for disabled children and young people,
I) intermediary and arbitrator in collective bargaining;
It is for the time off work to the extent necessary,
(j)) to the activities of the voluntary census authority in the census, and
apartments including additional sample surveys of the population; It is for the
the time off work to the extent necessary, no more than 10 innings (working
days) in a calendar year, unless serious operational reasons on
the employer,
the activities of the voluntary health care professional) to the Red Cross in providing
health surveillance when sporting or social event; It is for the
the time off work to the extent necessary, unless a serious
operational reasons on the part of the employer,
l) to the activities of organized physical education, sport or interest
cultural action and necessary preparation for her; It is for the time off work in
extent strictly necessary, unless serious operational reasons on
the side of the employer.
§ 204
Time off work related to military obligations
(1) employees of the employer, time off work in absolutely
extent necessary, if an employee is required to attend to the
military administrative authority in connection with the performance of military conscription.
(2) employees of the employer, time off work in absolutely
extent necessary also for that needs to travel to space
profession and the performance of military exercises or extraordinary military
exercise.
(3) compensation for wages or salary for work related to military
the obligations referred to in paragraphs 1 and 2 shall be chargeable at the rate of average earnings
the competent military authority.
§ 205
Barriers to work for reasons of training, other forms of training or study
Participation in training, the other form of training or study, in which it has
the employee get the prerequisites laid down by the legislation or
the requirements necessary for the proper performance of the agreed work, which is in accordance with the
the need for the employer, if it affects the working time is an obstacle in the
work of the employee, for which the compensation of wages or salary
(section 232).
TITLE II
COMMON PROVISIONS ON OBSTACLES IN THE WORK OF THE EMPLOYEE
§ 206
(1) if the obstacle in the work of employees known in advance, shall request in due time
the employer to grant leave. Otherwise, the employee is
obliged to inform the employer about the obstacle and the estimated time of
its duration shall, without undue delay.
(2) a barrier in the work of the employee is required to prove to the employer. To
the fulfilment of the obligations under the first sentence are legal and natural persons
employees are obliged to provide necessary assistance.
(3) If, according to a special legal regulation the employee released
for barrier in the work because of the general interest, is the legal or natural
the person for whom the employee was active, or from whose initiative
He was obliged to reimburse the employer for which the employee has been in the
the time of the release of employment, pay wages or salary, which was
staff provided, if the legal or natural
a person cannot agree to the waiving of the reimbursement.
(4) in accordance with paragraph 3 shall be borne by the compensatory wage or salary that you
releasing the employer provides under this Act (§ 351 through 362);
neuhrazuje to pay wages or salary beyond the scope provided for in this
by law.
TITLE III
BARRIERS TO WORK FOR THE EMPLOYER
Section 207
Downtime and interruption of work due to adverse weather conditions
If an employee is unable to perform work
and for the transitional defect) impairment on the machinery,
that was not his fault, in the supply of raw materials or motive power, bad
working papers or other operational reasons, as for the downtime, and
If it is not transferred to another job, it must pay the wages or salary
of at least 80% of average earnings,
(b)) due to interruption of work due to adverse weather
influences or natural and has not been transferred to another job,
It must pay the wages or salary of at least 60% of the average
earnings.
Other barriers to work for the employer
§ 208
If the employee could not perform work for other obstacles on the side
employers than are listed in § 207, it must pay the wages or
in the amount of average earnings; This does not apply if the applied account
working time (article 86 and 87).
§ 209
(1) on another obstacle in the work of another employer than
referred to in § 109 paragraph. 3, it is also where the employer cannot
assign employees to work in a range of weekly working time due to
the temporary restrictions on sales of its products or restrictions in the demand for it
Services (partial unemployment).
(2) If, in the cases referred to in paragraph 1 of the agreement between the employer
and the amount of the compensation provided by the Trade Union wages, which is the responsibility
employees must pay the wages of not less than 60% of average earnings;
If the employer does not trade union organization, the agreement may be
replaced by the internal regulation.
§ 210
The time spent on a business trip or on a road outside the regular
departments other than the fulfilment of work that falls into the working
the time shall be regarded as an obstacle to work for the employer,
that the wage or salary employees do not truncate. However, if the employees of
because of the way the remuneration of wage or salary compensation, he walked
the wages or salary in the amount of average earnings.
PART NINE
HOLIDAY
TITLE I OF THE
BASIC PROVISIONS
§ 211
Employees who perform work in employment, in the
the conditions laid down in this part of the right to
and) holidays per calendar year, or a proportion thereof,
(b)) vacation for days worked,
c) additional leave.
TITLE II
HOLIDAYS PER CALENDAR YEAR, ITS PROPORTION OF, AREA VACATION AND
HOLIDAY FOR DAYS WORKED
Part 1
Holidays for the calendar year and the proportion of
§ 212
(1) employees who for the continuous duration of employment to
same employer held his job for at least 60 days in a calendar
Year holidays per calendar year, or its proportional part,
If the employment relationship did not last continuously for the entire calendar
of the year. For working shall be the date on which the employee has worked
the bulk of their shifts; part of the shifts worked on different days, the
do not stack.
(2) the proportion of holiday for each full calendar month
continuous duration of that employment of one-twelfth of the holiday
for the calendar year.
(3) the proportion of holiday is the responsibility of one twelfth of the also
the calendar month in which the employee has changed jobs, if the end of the
employment with current employer and employment
employment with the new employer on each other immediately followed;
employees in this case, the relative part of the vacation from the new
of the employer.
(4) if the employee Was fully released in the long term for the exercise of public
the function is required to leave his or her part to provide legal
or natural person for whom the employee is loose, active; This
legal or natural person is required to give him also the part of the
the holiday, which has not exhausted before releasing. If an employee has not exhausted
holiday before the release time, is obliged to give it to him
releasing the employer. Compliance with the conditions for the emergence of the right to leave
While assessing the whole for a period both before and after release.
§ 213
(1) the Amount of leave is at least 4 weeks in a calendar year.
(2) leave of employees employers referred to in § 109 paragraph. 3 is
5 weeks in a calendar year.
(3) the Holidays teaching staff ^ 47) and academic staff
universities ^ 72) is 8 weeks in a calendar year.
(4) If an employee with vacation working time unevenly
laid out on individual weeks, or for the period of the entire calendar year,
It must so many working days vacation, how many are from layout
working hours for the holiday falls in the middle.
(5) If, on an employee during a calendar year to a change
working hours, it must for the holidays this year in proportion,
that corresponds to the working hours.
(6) the Government may by regulation provide for the staff in railway transport with the
unevenly scheduled working hours pursuant to § 100 para. 1 (b). (c))
conditions under which the leave may be granted in the calendar
days.
Part 2
Holiday for days worked
section 214
Employees, to which there is a right to holidays per calendar year, or
at its proportionate part, because it did not take place in a calendar year for the same
employer work for at least 60 days leave for hours worked
the days of one twelfth of annual leave for every calendar year 21
days worked in the calendar year. The provisions of § 212 paragraph.
1 the second sentence applies here as well.
TITLE III
ADDITIONAL LEAVE
section 215
(1) an employee who is working for the same employer for the whole
calendar year underground mining of minerals or tunnelling and
the galleries, and the staff that takes place after the entire calendar year of work especially
difficult it is for the additional leave of a duration of 1 week. When it is working
employee under the conditions referred to in the first sentence only part of the calendar
year, it must for every 21 days worked one
Twelfth additional holidays. Additional leave because of the performance of the work
especially difficult employee after fulfilment stated conditions,
even though he has the right to additional leave because of the performance of the work under the ground
the extraction of minerals or tunnels and galleries.
(2) for employees who work especially difficult, for the purposes of
the granting of additional holidays for employees who
and) permanently working at least half the stipulated weekly working
time for the providers of health services or at their workplaces,
where they are treating sick with a contagious form of tuberculosis,
(b)) are at work in workplaces with infectious materials exposed to
the direct risk of infection if the work they perform at least
half of the fixed weekly working hours,
(c)) are exposed at work adverse effects of ionizing radiation,
(d) work in direct care) or using the mentally ill or
mentally challenged at least half of the weekly
working time,
(e)) as educators carry out education of youth in difficult conditions
or as healthcare professionals working in medical service
The prison service of the Czech Republic at least half set
weekly working hours,
(f)) work continuously for at least 1 year in the tropical or otherwise physically
difficult areas. An employee who had completed 1 year of continuous work
in tropical or otherwise physically difficult areas, has the right to
additional leave as early as this year; If an employee works in the
tropical or otherwise physically difficult areas continuously for more
than 1 year, it must for every 21 days worked in these
areas of additional leave, one twelfth of the
g) working in the prison service of the Czech Republic in direct contact with the
the accused in custody or sentenced in prison sentence
freedom at least half fixed weekly working hours,
h) work as divers for increased pressure suits or as
staff (kesonáři) performing the work in compressed kesonovací
the air in the working Chambers
I) as medical personnel carrying out activities in the provision of
emergency medical services at least half set
the weekly working time.
(3) the Ministry of labour and Social Affairs shall issue a decree tropical
or otherwise physically difficult area.
(4) it is for the additional leave under certain conditions only
the workers referred to in paragraphs 1, 2 and 3.
TITLE IV
COMMON PROVISIONS ON VACATION
Part 1
General provisions
§ 216
(1) the continuity of the employment relationship is regarded as the end of the
of the present and immediately following the creation of a new employment relationship
workers with the same employer.
(2) for the purposes of leave for the performance of the work shall not constitute time zameškaná for
important personal barriers to work, if they are not listed in the implementing
legal provision (§ 199 para. 2). The period of maternity leave and the
the period during which an employee take parental leave until after
which the employee is entitled to take maternity leave, and the period of
incapacity for work resulting from an accident at work or an occupational disease of
the occupation evolved in the course of work or in direct connection
for the purposes of assessing the performance of the work as a holiday.
(3) to determine whether the conditions are met, the establishment of the right to leave,
shall be assessed an employee who is employed for a fixed weekly
working hours, as he worked in a calendar week 5 working days, and
When the working time is not divided on all working days in the week;
This also applies for the purpose of reduction of holidays, with the exception of Unexcused
absence from work.
(4) if leave is prorated for less than a day, round to the
half-day; This also applies to the calculation of the twelfths of the holiday.
Part 2
Of leave
§ 217
(1) the period of leave, the employer is obliged to determine in accordance with
a written schedule leave issued with the prior consent of the
trade unions and works councils so that the holiday could be
as a rule, quite exhausted, and by the end of the calendar year in which the
the right to the holiday was created, if this Act is not stipulated
otherwise. When you specify a schedule, the leave is to be taken into account
operational reasons, the employer and the legitimate interests of employees.
Provides staff to leave in several parts, they must at least
one part shall be at least 2 weeks, if the employee is
employer agree on the other length of the leave. Specified period of time
the leave, the employer must notify the employees of the
at least 14 days in advance if the employee agrees to a shorter
the time.
(2) the employer may designate employees to leave, even if not yet
has not complied with the conditions for the emergence of the right to leave if it is possible
assume that the employee meets these conditions until the end of the calendar
year, or the termination of employment.
(3) the employer is obliged to compensate the staff costs without
his fault arose because the employer has changed him, specified period of time
leave or dismissed from a vacation.
(4) the employer shall specify the period of leave, the employee
carries out military exercises or exceptional military exercise, which is recognized by the
temporarily unable to work under special legislation ^ 61), nor on the
the period during which the employee is on maternity or parental leave and
an employee on parental leave. At the time, other barriers to work
for the employee, the employer may determine the leave only on the
his request.
(5) if the employee so requests, the employer to grant leave so
that immediately followed the end of the maternity leave, and
an employee of the employer to grant leave so that followed
immediately at the end of parental leave to the period for which it is
the employee is entitled to take maternity leave, the employer is
obliged to comply with their requests.
§ 218
(1) leave under section 211, the employer is obliged to staff
determined to leave in a calendar year in which the
employees entitled to holiday was created, unless the employer
obstacles in the work of the employee or urgent operational
the reasons why.
(2) if leave is exhausted in accordance with paragraph 1, the employer is
shall determine the employees so that it was spent by
the end of the following calendar year, unless provided for in paragraph 4
otherwise.
(3) if the leave is not determined by 30. June
the following calendar year, has the right to determine the leave also
employee. Leave the employee is obliged to notify in writing the
employers at least 14 days in advance, if agrees
the employer, at any other time of the notification.
(4) if leave is exhausted, or until the end of the next
the calendar year because the employee was temporarily working
invalid or due to maternity or parental leave, it is
the employer shall determine the period of such leave after the end of
These obstacles at work.
section 219
(1) If an employee Takes vacation or during military exercises
the exceptional military exercises in the armed forces, if it was temporarily
Unable to work, or treats a sick family member, vacation,
He pauses; This does not apply if an employer has designated leave on
for care of a sick family member, or for the performance of the military
exercises or extraordinary military exercise at the request of the employee.
Vacation is interrupted when a female employee maternity and parental
leave and employees taking parental leave.
(2) fall in the period of leave an employee a holiday on the day that is
otherwise, its a normal working day, not including him in the holiday.
Determine if the employer of the employees compensatory time off for overtime or
for work on public holidays so that they went to the period of leave shall be required to
to determine the compensatory time off on another day.
Part 3
The bulk of leave
section 220
The employer may, in agreement with the trade unions and with the agreement of the Council
employees determine the bulk of leave only if it is
necessary for operational reasons; the bulk of leave shall not be
more than 2 weeks and 4 weeks for art files.
Part 4
Changing jobs
§ 221
(1) If an employee Changes during the same calendar year of employment,
the new employer to provide vacation (holidays), on
which he is entitled at the current employer if
the employee requests no later than before the end of the employment relationship with
current employer and participating employers shall agree on the
the amount of compensation compensation for wages or salary for vacation (part of it), to which
employees with the employer offering the vacation (part of) the right
become a reality.
(2) changing the employment referred to in paragraph 1 shall mean the termination of
employment with current employer and immediately following the creation of
employment with the new employer.
Part 5
Vacation compensation
§ 222
(1) employees for the period of leave to pay wages or
in the amount of average earnings. The workers referred to in § 213 paragraph. 4
This can be a compensatory wage or salary granted in the amount of average
earnings corresponding to the average length of shift.
(2) employees for the compensation of wages or salary for unused
Holiday only in the event of termination of employment.
(3) where a right to compensation of employees wages or salary for
unused vacation or part thereof, that refund amount
average earnings.
(4) the employee is required to return the refund paid wages or salary for
vacation or a part thereof, which has lost the right to, or to which he
the right did not arise. The provisions of paragraph 1 second sentence applies here as well.
(5) compensation for wages or salary for additional leave is not included in the
can provide; This leave must always be exhausted, and that
as a priority.
Part 6
Reduction of vacation
§ 223
(1) if the employee did not work, that he has fulfilled the condition set out in section 212
paragraph. 1 in the calendar year for which it provides, for the holidays
barriers to work, for the purpose of vacation as a clear-cut performance
the work, the employer short vacation for first 100 lost
shifts (working days) about one twelfth, and for every other 21
lost shifts (working days) also about one-twelfth. Holiday
exhausted pursuant to § 217 paragraph. 5 before taking parental leave is not
possible due to subsequent parental leave.
(2) if the employer cuts short holiday at neomluveně
zameškanou shift (day job), he may leave the lumbering about 1 to 3 days;
neomluvená zameškání parts of the individual shorter shifts can add up.
(3) the reduction leave referred to in paragraphs 1 and 2 shall be employees,
whose employment with the same employer throughout the entire calendar
year, granted leave at least 2 weeks.
(4) employees who miss work for imprisonment,
for every 21 lost working days short holiday for
calendar year one-twelfth. As well is running out holiday for binding,
If the final condemnation of the employee or if the employee was
the prosecution exonerated or if criminal proceedings against him
stopped just because he is not a criminal offence
responsible, or that he was awarded the grace or that the offence has been
amnestied.
(5) holiday for days worked and additional leave may be shortened
only on the grounds referred to in paragraph 2.
(6) holiday, on which the right in the calendar year,
running out of reasons only incurred this year.
PART TEN
EMPLOYEE CARE
TITLE I OF THE
WORKING CONDITIONS OF EMPLOYEES
§ 224
(1) employers are required to make employees work
the conditions that allow the safe performance of work, and in accordance with the
special legal regulations provide for employees
occupational health services.
(2) an employer may provide employees a reward in particular
and when the life or work) anniversary, and the first time the termination of
employment disability pension for disability of the third degree
or after the acquisition of entitlement to old-age pension,
(b)) for the provision of assistance for the prevention of fires or for natural
the events, their destruction or removal of their consequences, or when
other incidents in which might be at risk the life, health
or property.
§ 225
An employer who, under special legislation ^ 73) creates
cultural and social needs Fund, participates with the Union
organizations about the allocation to this Fund and its disbursement.
§ 226
The employer is obliged to ensure the safekeeping and personal
items that employees typically wears to work.
TITLE II
PROFESSIONAL DEVELOPMENT OF EMPLOYEES
§ 227
Professional development of employees includes in particular the
and) training and learning curve,
(b)) training school graduates
c) deepening of the qualification,
d) skills development.
§ 228
Training and learning curve
(1) an employee who enters the job without qualification, it is
employer must train or educate; training or learning curve is
considered the performance of the work for which the employee wage or salary.
(2) the employer is obliged to train or educate the employee who
passes from the reasons on the side of the employer to a new place on the
a new kind of work, if it is necessary.
§ 229
Professional practice school graduates
(1) employers are required to ensure the graduates of secondary schools,
conservatories, colleges and universities, a reasonable
practical training to gain practical experience and skills required
for the performance of the work; professional practice is deemed to be the performance of the work for which
the employee wage or salary.
(2) a graduate for the purposes of paragraph 1 means an employee entering
to work on a job commensurate with his qualifications, if the total
the period of his professional experience has not reached after due (successful) completion of studies
(preparation) 2 years taking in this period of time the parent
or parental leave.
§ 230
Update skills
(1) the deepening of qualification means the continuous replenishment,
which does not change its nature and which allows the employee performance
contracted work; for the deepening of qualification also means its
maintenance and renewal.
(2) the employee is required to enhance their qualifications for the performance of
contracted work. The employer is entitled to impose the participation of employees in the
training and study, or other forms of training to deepen its
qualifications, where appropriate, require the employee to the deepening of
qualifications and for other legal or natural person.
(3) participation in training or other forms of training or study for
the purpose of deepening of qualification is considered the performance of the work for which
the employee wage or salary.
(4) costs incurred to update skills is to bear
the employer. If an employee is required to attend
update skills in the form of more expensive,
cost update skills involved. The provisions of paragraph 3 of this
However, shall not be affected.
(5) specific legislation) governing ^ 110 update skills
are not affected by this Act.
Increase the skills and qualification agreement
§ 231
(1) increasing the qualification means a change in the value of the qualification; by increasing the
qualification is also getting it or an extension.
(2) increasing the qualification is the study, education, training, or other
form of training to achieve a higher level of education if they are in
accordance with the need of the employer.
(3) specific legislation) governing ^ 110 training
are not affected by this Act.
§ 232
(1) if they are not agreed or determined higher or additional rights, for
employees from the employer in increasing the qualification of time off work
with wage compensation in the amount of average earnings
a) to the extent necessary to participate in the teaching, teaching or training,
b) 2 working days for preparation and execution of each test in the study in
program at a university or College,
c) 5 working days for preparation and execution of the final exam, graduation
test or discharge,
d) 10 working days on the elaboration and defence of graduation thesis,
Bachelor thesis, Master thesis, dissertation, or the written work,
which is finished by the study in the lifelong learning programme
at high school,
e) 40 working days for preparation and execution of the State examination,
State rigorous examination in the field of medicine, veterinary medicine and
hygiene and State exam.
(2) to participate in the entrance examination of the employee time off work in
extent strictly necessary.
(3) for the time off granted to perform the entrance examination, repair
the tests, to participate in the graduation ceremony or a similar ceremony is not
pay the wages or salary.
§ 233
The employer is entitled to monitor the progress and results of the raising of the
employee qualification; provide work breaks can stop, just
If
and became a long term) an employee unfit for the performance of work for
which increases the qualifications,
(b) an employee without the fault of the employer) for a longer period to fulfil without
serious reason a substantial obligations for further training.
section 234
(1) If an employer by an employee in the context of increasing
qualification qualifying deal is part of it, in particular, the commitment of the
employers allow employees to increase the skills and commitment of the
employees remain in employment with the employer for the agreed period,
However, after the longest period of 5 years, or pay the employer costs
with the increase of qualification of the employer to increase the qualification of the
employee, and even if, when an employee leaves
before increasing the ratio of qualification. The commitment of staff to remain in
employment starts from the increase in qualifications.
(2) qualification agreement may be concluded also in deepening
qualification (section 230) if the estimated cost of reaching at least 75
EUR; in this case, cannot be the deepening of qualification of employees
Save.
(3) the qualification agreement must contain
and qualification) and the method of increasing or deepening,
(b)) the period during which an employee agrees to stay with the employer in the
employment termination, increase or intensification of the qualification,
(c)) and types of costs the total amount of the costs which the employee
obliged to pay the employer fails to comply with its commitment to remain in
employment.
(4) the qualification agreement must be concluded in writing.
(5) the Government may by regulation to increase the amount referred to in paragraph 2.
section 235
(1) until the remaining employees in the workplace on the basis of the qualifying
the agreement does not include the period of parental leave to the extent of parental
leave the child's mother (section 196) and the absence of the employee at work for
the performance of unconditional imprisonment and binding, if
the final conviction.
(2) If an employee fails to comply with its obligation of qualifying agreement only
in part, the obligation to reimburse the cost of increasing or deepening of qualification
shall be reduced proportionately.
(3) the obligation of the employee to cover the costs of the qualification of the agreement
does not arise if the
and in the course of the employer) upskilling stopped providing
as agreed in the qualification the agreement because the employee without
his culpability became ineligible for the long term performance of the work for which
increased's qualifications,
(b)) terminated by notice given by the employer, unless the
notice of termination for reasons of infringement of the obligation of the employee resulting from legal
provisions relating to work performed during the course of work
or in direct connection with him, or if employment was terminated
Agreement for the reasons mentioned in section 52 (a). a) to (e)),
(c) the staff member is unable to act by) medical report issued
provider of occupational health services or the decision of the competent
administrative authority which reviews the medical report, the work for which
increased qualifications, or have ceased to be in long-term competence take place
on the work for reasons of occupational accident, diseases from
profession, or risk for this disease or reached to the workplace
specified by a final decision of the competent authority to protect public
health, maximum exposure,
(d)) the employer has received in the last 12 months for at least 6
months of the employee that the employee on the basis of
the qualification of the agreement reached.
TITLE III
CATERING STAFF
section 236
(1) the employer shall enable employees in all shifts
meal plan; This obligation does not have to employees posted on the work
the path.
(2) if the agreed in collective agreements or laid down in the
internal rules, employees catering; at the same time can
be agreed upon or established additional conditions for the emergence of the rights on these
boarding and the amount of the financial contribution of the employer, as well as more
the definition of employees circuit, which provides meals, the Organization
dining, the method of its implementation and financing by the employer,
If these matters are not regulated for the specified range of employers
special legislation ^ 75). This does not affect the tax regulations.
(3) if the agreed in collective agreements or laid down in the
internal rules, may be discounted meals provided
and former employees of the employer), who worked with him in the
retirement or disability pension for disability
the third degree,
(b)) for pumping their employees leave,
c) employees during the period of temporary incapacity.
TITLE IV
SPECIAL WORKING CONDITIONS SOME EMPLOYEES
Part 1
Employment of individuals with disabilities
§ 237
The obligation of employers to the employment of individuals with disabilities
disabilities, and to provide the necessary working conditions for them
specific legislation ^ 76).
Part 2
Working conditions of workers
§ 238
(1) it is prohibited to employ a female employee works that threaten the
their motherhood. The Ministry of health shall lay down by Decree labour and
workplaces that are prohibited to pregnant workers,
workers who are breastfeeding, and workers-mothers by the end of the ninth
months after the birth.
(2) it is prohibited to employ pregnant workers, workers
who is breastfeeding, and employee-mother to the end of the ninth month after childbirth
the work for which they are not according to medical opinion medically eligible.
Part 3
Working conditions of workers, breastfeeding mothers, employees
caring for a child and of other natural persons
§ 239
(1) If a pregnant employee work that is pregnant
workers, disabled or that according to medical opinion, endangers the
her pregnancy, the employer must transfer her temporarily to work,
that is appropriate for it and where you can achieve the same earnings as
in previous work. If a pregnant employee working at night on the
inclusion in the daily work, the employer is obliged to comply with her request.
(2) the provisions of paragraph 1 shall apply by analogy to the employee-mother to
the end of the ninth month after childbirth and workers who are breastfeeding.
(3) if the employee Achieves at work, which has been converted, without
its the fault of lower earnings than in previous work, provides her
to compensate for this difference by a special compensatory allowance
^ law 77).
§ 240
(1) pregnant workers, workers and employees taking care of children
until the age of 8 years of age may be sent on a business trip outside the perimeter of the village
their place of work or place of residence only with their consent; translate may
the employer only at their request.
(2) the provisions of paragraph 1 shall also apply for the lone female employee and
solitary employees who care for a child until the child has not reached the age of
for 15 years, as well as for the employees, which proves that he himself
in the long term takes care of a person who is under a special legal regulation
considered a person dependent on the assistance of another individual in stage II
(moderate dependency), in stage III (severe dependence) or degree
IV (full dependency) ^ 77a).
§ 241
(1) the employer shall be taken into account in classifying employees into
shifts to the needs of the workers and employees caring for the children.
(2) if so requested by the employee or an employee taking care of a child under
15 years, a pregnant employee or an employee who can provide evidence that the
in the long term by taking care of a person who is under a special
the law considers a person dependent on the assistance of other natural
people in stage II (moderate dependency) in tier III (severe
dependency), or stage IV (full dependency) ^ 77a), about shorter working
time or another suitable adjustment of the fixed weekly working hours,
the employer is obliged to grant the request, unless serious operational
the reasons why.
(3) prohibited to employ pregnant workers work overtime.
Employees who care for a child younger than 1 year,
the employer must not be required to work overtime.
Part 4
Breaks for breastfeeding
§ 242
(1) a female employee who is breastfeeding her child, the employer must
provide breaks special breaks for breastfeeding.
(2) an employee who works for a fixed weekly working hours,
It is the responsibility for each child by the end of 1 year of his age 2
breaks and in the next 3 months, a half-hour break during a shift.
If after the shorter working hours, but at least half of the week
working time, it is for only a half-hour break, and on each
a child up to the end of the 1 year of his age.
(3) breaks for breastfeeding are counted as working time and responsibility for
they pay the wages or salary of average earnings.
Part 5
The working conditions of minors of employees
§ 243
Employers are obliged to create favourable conditions for the all-round
the development of physical and mental abilities of juvenile employees also
special modification of their working conditions.
§ 244
Employers are allowed to employ young workers only work
that are appropriate to their physical and mental development, and provide
Jim at work increased care.
§ 245
(1) prohibited to employ young workers work overtime and work
in the night. Exceptionally can young employees older than 16 years held
night work not exceeding one hour, if it is necessary for their
education to the profession, and under the supervision of an employee of an older 18 years
If such supervision is necessary for the protection of young workers. Night
the work of young workers must immediately follow up on his
the work of the incumbent by shifts on time of the day.
(2) if it is prohibited to employ young workers work for
He received the education to the profession, because it is her performance
youthful employees disabled or because according to medical opinion
issued by the occupational health service provider is threatening his health,
the employer shall, until such time as the youthful employee can
This work take place, give him another reasonable job matching
If possible, his qualifications.
§ 246
(1) prohibited to employ young workers work under the ground when
extraction of minerals or tunnels and galleries.
(2) prohibited to employ young workers work
taking into account the anatomical, physiological and psychological particularities of this
age are unreasonable, dangerous or harmful to their health.
The Ministry of health shall lay down by Decree, in agreement with the Ministry of
industry and trade and the Ministry of education, youth and sports
work and workplaces which are prohibited to minors of employees, and
the conditions under which they may, exceptionally, these young employees work
take place because of the training.
(3) prohibited to employ young workers also work when
which are at increased risk of injury or that the performance of
they could seriously jeopardise the safety and health of other employees or
of other individuals.
(4) Prohibition of certain work can be extended by decree under paragraph
2 to the employee under the age of 21 years.
(5) the employer shall keep a list of juvenile workers
are employed; the list contains the name or names,
name, date of birth, and the type of work that the employee
It performs.
§ 247
(1) the employer shall ensure at his own expense to adolescents
employees were evaluated by a provider of occupational health services
and) before the creation of employment and prior to transfer to another job,
b) regularly as necessary but at least once a year.
(2) young employees are required to undergo prescribed medical
in tests.
(3) when you save the work tasks on a juvenile employees is
the employer is obliged to follow the medical opinion issued by the
provider of occupational health services.
PART ELEVEN
COMPENSATION FOR MATERIAL AND NON-MATERIAL DAMAGE
TITLE I OF THE
PREVENTION
§ 248
(1) the employer is obliged to provide to its employees such
working conditions, so that they can properly perform their job tasks without
risk to the health and property; If it detects a fault, it is obliged to take the measures
to remove them.
(2) the employer shall be entitled to protect assets in the necessary
the range to check things that employees bring to him or
from him they're going through, where appropriate, carry out surveys of employees. When
control and inspection referred to in the first sentence, the protection must be observed
personality. Personal tour only a natural person may perform the same
gender.
§ 249
(1) the employee is obliged to act so as to avoid property
injury (hereinafter referred to as "damage"), non-material injury or unjust enrichment.
If there is damage or non-material damage, shall be obliged to notify
the parent of the head.
(2) if it is to avert the imminent harm employers urgently need to
the procedure, the employee is obliged to take action; does not need to do so, if
his important circumstance or if this would expose the serious
a threat to themselves or other employees or persons nearby.
(3) If an employee becomes aware that it has created the necessary working
conditions, is obliged to notify this fact to the supervisor to the head
employees.
TITLE II
THE OBLIGATION OF THE EMPLOYEE TO COMPENSATION
Part 1
General obligation to compensate for damage
§ 250
(1) the employee is obliged to compensate the employer damages
caused due to a breach of duty during the course of work
or in direct connection with it.
(2) if the damage caused by the breach of duty on the part of also
employers, the obligation to compensate employees is relatively limited.
(3) an employer is required to prove the fault of the employee, with the exception of
in the cases referred to in § 252 and 255.
Part 2
Failure to comply with the obligation to prevent damage
§ 251
(1) an employee who knowingly told a superior leader
the employee on the employer or the damage had action taken against
imminent harm, as this would prevent the imminent occurrence of
damages, the employer may require to share in the compensation,
that was caused by the employer, to the extent reasonably
circumstances of the case, if it is not possible to replace the otherwise.
(2) an employee is not obliged to compensate for damage caused during
preventing imminent harm to the employer or directly threatened
life or health, if this State alone and deliberately acted in a
a manner appropriate to the circumstances.
Part 3
The deficit on the values assigned to the employee is obliged to charge,
and the loss of the conferred things
Section 1
The deficit on the values assigned to the employee is obliged to charge
§ 252
(1) if the agreement has been concluded with the employee about the responsibility to protect
the values entrusted to the employee for the expense report (hereinafter referred to as "the agreement on
responsibility for delegated values "), which shall be treated as cash,
securities, goods, supplies or other values that are the subject of
revenue or circulation, with whom an employee has the ability to personally dispose of after
the entire period during which he has been entrusted, is obliged to compensate
employer shortfall on these values.
(2) the agreement on liability for assigned values may be closed earlier
on the day when the individual reaches 18 years of age.
(3) if the employee is limited, not for his representative
to conclude an agreement on liability for assigned values.
(4) the agreement on liability for assigned values must be concluded in writing.
(5) the employee is relieved of the obligation to compensate the deficit entirely, or
in part, if he proves that the deficit has arisen wholly or in part without
the fault, in particular, that he was ignoring any obligations of the employer
impossible values assigned to the handle.
§ 253
(1) an employee who has concluded an agreement on liability for delegated
values may withdraw from it if he pursues another job, if it is transferred
on another job or to another site, if translated, or if
at the time the employer within 15 calendar days from receipt of the written
the warning does not delete faults in working conditions that prevent
the proper management of the assigned values. The values are assigned to the
the Bill together more employees, an employee from the agreement on the
responsibility for delegated values also withdraw, if the
workplaces classified or other employee is appointed by another leading or
his representative. Withdrawal from this agreement on liability under the first sentence
must be in writing.
(2) the obligation of the agreement on liability for assigned values terminates on the date
termination of service or on the date of termination of this
the agreement received by the employer, unless the termination of this agreement
specify the date later.
§ 254
(1) the employer is obliged to carry out an inventory at the conclusion of the
responsibility for delegated values upon termination of this agreement,
performance of other work, transferring employees to other work or
another site, when his transfer and upon termination of employment.
(2) at workplaces where people work together to committed
the Bill conferred on the values, the employer shall make an inventory
at the conclusion of agreements on liability for assigned values with all together
zavázanými employees, upon termination of the commitment of all these agreements, when
performance of other work, when you transfer to another job or to another site
or transfer of all contracted employees together, when you change to
the Manager of the employee or his representative and the request
together with any of the staff at the change in their
the collective, or upon the resignation of one of them, from the agreement on the
liability for assigned values.
(3) If an employee referred to in paragraph 2, whose employment contract
He ended up, or who performs a different job, or which has been converted to
other work, or has been transferred to another workplace or translated,
While requests for count, is obliged to compensate the deficit
detected by the nearest inventory on his earlier work. If
an employee who is at the workplace where the employees work
together committed to the Bill conferred on the values, while requests for
perform inventory, is obliged, if agreement on liability for
assigned values did not resign, the deficit identified nearest inventory
replace.
Section 2
The loss of the conferred things
Section 255
(1) the employee is obliged to compensate the damage caused by the loss of instruments,
protective equipment and other similar things that he
the employer had entrusted to the written confirmation.
(2) a matter referred to in paragraph 1, whose price exceeds $ 50,000, may only be
employees entrusted with only on the basis of the agreement on liability for loss
conferred things.
(3) the agreement on liability for the loss of goods entrusted may be closed
earlier in the day, when the individual reaches 18 years of age.
(4) if the employee is limited, not for his representative
to conclude an agreement on liability for loss of goods entrusted.
(5) the agreement on liability for the loss of goods entrusted must be closed
in writing.
(6) the employee is relieved of the obligation to compensate the loss of the whole or
in part, if it proves that the loss arose wholly or in part without
at fault.
(7) the Government may by regulation to increase the amount referred to in paragraph 2.
§ 256
(1) an employee who has concluded an agreement on liability for loss
conferred things, can withdraw from it if the employer
did not create the conditions to ensure the protection of the conferred things against their
the loss. Withdrawal from this agreement on liability under the first sentence must have
a written form.
(2) the obligation of the agreement on the responsibility for the loss of goods entrusted shall cease
on the day of termination of employment or the date of termination of this
the agreement received by the employer, unless the termination of this agreement
specify the date later.
Part 4
Range and method of compensation for damage
§ 257
(1) an employee who has the obligation to pay compensation in accordance with § 250, is
the employer shall be obliged to replace the real damage, in monetary terms,
If neodčiní indication of the damage in the previous state.
(2) the amount of compensation for damage caused by negligence shall not
exceed the individual employee an amount equal to
čtyřapůlnásobku its average monthly earnings before the violation of
obligations to which caused the damage. This restriction does not apply if the damage
was caused intentionally, drunk driving, or other substance abuse
substances.
(3) in the case of damage caused intentionally, the employer may require
In addition to the amount referred to in paragraph 2, as well as compensation for lost profits.
(4) caused the damage caused to the employer, the employee is also required to
replace only a proportion of the damages according to the degree of his culpability.
(5) if the compensation jointly committed to more employees, is the
each of them shall be obliged to replace a proportion of the damages according to the degree of his
at fault.
§ 258
When determining the amount of compensation according to § 251 into account in particular
the circumstances that prevented the fulfilment of obligations and the importance of damages for
of the employer. The amount of damages shall not exceed the amount of
equal to three times the average monthly earnings of the employee.
section 259
An employee who has an obligation to compensate damage caused by a deficit on the
the values assigned, or caused by the loss of the conferred things, is obliged to
replace the damage in full.
§ 260
(1) if it is to compensate the deficit together, committed to more workers, the
the individual employees in proportion to their share of the compensation obtained
gross earnings, and the earnings of their leader and his Deputy,
included in the double that amount.
(2) the percentage of the refund fixed in accordance with paragraph 1, for each
employees, with the exception of leader and his Deputy, exceed the amount
equal to their average monthly earnings before the damage occurred.
If customer fail to pay the specified shares the entire deficit, are required to pay
the rest of the head and his Deputy in proportion to their gross achieved
earnings.
(3) if it is found that the deficit was caused by all or part of any of the
together with the staff, is obliged to compensate this deficit
the employee according to the degree of his culpability. The remainder of the deficit are
required to replace all beholden to the staff shares designated by the
referred to in paragraphs 1 and 2.
(4) in determining the share of individual together with employees
is based on their gross earnings accounted for the time since the previous
counting the date of identification. In doing so, all earnings are counted
the calendar month in which this inventory is performed, and no
the earnings for the calendar month in which the deficit was detected. If it has been
However, staff at the place of work during this period included
his gross earnings made from the day when the site was classified, in
date of detection of a deficit. Gross income does not include the wage compensation
or salary.
Part 5
Common provisions on the duties of the employee compensation
§ 261
(1) an employee who is suffering from a mental disorder, is obliged to compensate
the damage caused by it, if it is able to control his conduct and assess the
its consequences.
(2) the employee shall own fault to such a State that the
not being able to control his conduct or assess its consequences, it is
shall be obliged to compensate for the damage caused in that State.
(3) Damage is obliged to replace the employee who caused intentional
Act against good morals.
§ 262
The amount of the required compensation determined by the employer; caused the damage caused to
senior employee who is the statutory body or representative,
alone or jointly with the child of an employee, shall determine the amount of compensation
the one who a statutory authority or his representative on the job
He has appointed.
§ 263
(1) the amount of compensation is required by the employer to an employee
obliged to discuss her notify him in writing and normally not later than 1
months from the date when it was determined that the damage occurred, and that the employee is
obliged to replace it.
(2) If an employee is entered into with the employer an agreement about how the refund
the damage is part of the amount of compensation requested by the employer,
If its obligation to compensate the staff member acknowledged. According to the agreement
the first sentence shall be concluded in writing.
(3) the amount of compensation required and the contents of the agreement about how her
the refund, with the exception of compensation not exceeding $ 1,000, the employer is
shall discuss with the trade unions.
§ 264
For reasons of particular interest to the amount of compensation, the Court may
reasonably reduced.
TITLE III
THE EMPLOYER'S OBLIGATION TO PAY COMPENSATION
Part 1
General obligation to compensate for damage
§ 265
(1) the employer is obliged to compensate the damage that his employees
during the course of work or in direct connection with it
violation of legal obligations or intentional act against good
morals.
(2) the employer is obliged to compensate workers whether or not damages
caused the violation of legal obligations in the performance of job duties
employers employees acting on its behalf.
(3) the employer is not obliged to compensate staff for damage on the transport
the device, which he used for the performance of work tasks or in direct
connection with him without his consent, nor any damage which arises on the
Tools, devices and articles necessary for the performance of the employee's work,
used without his consent.
Part 2
Preventing damage
§ 266
(1) the employer is obliged to compensate the staff caused the damage that
the employee suffered in preventing imminent harm employers or
danger to life or health, if the damage suffered intentional
conduct employee and the employee acted in a manner appropriate
in the circumstances. The provisions of the first sentence shall also apply to reasonably incurred
costs.
(2) the right to compensation referred to in paragraph 1 has an employee who
thus averting danger to life or health, if the
shall be obliged to compensate the employer.
Part 3
Belongings
§ 267
(1) the employer is obliged to compensate staff for damage to property,
that is usually worn to work and that the employee put down when you
performance of work tasks or in direct connection with him on the spot to
the specified or normal.
(2) the right to damages shall be extinguished if the emergence of the
the employer without undue delay, no later than 15 days
the date when the learned of the damage.
Part 4
Range and method of compensation for damage
§ 268
(1) the employer is obliged to compensate the employees actual damage.
In the case of damage caused intentionally, an employee should also
compensation for loss of profit.
(2) Damage to property, the employee typically wears to work and that
is assumed by the employer in a special custody, the employer is
employees shall be obliged to replace the amount of $ 10,000. If it is found,
the damage to these matters has caused other employee or if there is
damage to the things that the employer took into special custody, is
the employer shall be obliged to replace staff for damage in full.
(3) the right to compensation referred to in paragraph 2 shall lapse if its
emergence of the employer, without undue delay,
not later than 15 days from the date on which the learned of the damage.
(4) the Government may increase the amount of Regulation referred to in paragraph 2.
Part 5
Accidents at work and occupational diseases
Section 1
Extent of damages and non-material damage and a waiver of the obligation to
refund
section 269
(1) the employer is obliged to compensate staff for damage or
non-material damage resulting from an accident at work, if the damage or
the non-material damage occurred in the performance of work or in direct
connection with him.
(2) the employer is obliged to compensate staff for damage or
non-material damage resulting from occupational diseases if the employee
the last time before finding work with the employer under the conditions,
under which arises from an occupational disease, which has been affected.
(3) As an occupational disease, compensate and incurred prior to its
inclusion in the list of occupational diseases, and that its inclusion in the
the list, and for a maximum period of 3 years prior to its inclusion on a list.
(4) the employer is obliged to compensate the damage or non-material damage, and
When complied with the obligations arising from legislation and other regulations to
ensure the safety and health at work, if the obligations
to compensate for damage or non-material damage wholly or partially relieves them.
section 270
(1) the employer shall be relieved of the obligation to compensate for damage or
non-material damage completely, if he proves that it was
and) by the affected employee has violated its the fault of the law, or
other regulations or guidelines to ensure the safety and protection of health
at work, although he has been duly acquainted with them and their knowledge and
compliance with required and were consistently controlled, or
(b)) as a result of intoxication affected employee or as a result of abuse
other addictive substances and the employer could not damage or non-material
the injury to prevent,
and that these were the only cause of the damage or non-material
the injury.
(2) the employer shall be relieved of the obligation to compensate for damage or
non-material damage in part, if he proves that it was
and) as a result information as referred to in paragraph 1 (b). a) and b) and that the
These facts have been one cause of the damages or non-material damage, or
(b)) because the employee acted contrary to the usual way
the behavior so that it is clear that, although the law did not infringe legal or other
regulations or guidelines to ensure the safety and health at
work, acted recklessly, even though he had given its
qualifications and experience to be aware of that can cause harm to
health. For reckless conduct is not considered common carelessness
and negotiations resulting from the risk of the work.
(3) if the employer is relieved of the obligation to compensate the damage or
non-material damage in part, is obliged to determine the part that carries the
the employee, according to the measure of his fault; in the case referred to in paragraph 2
(a). (b) the employer is, however, obliged to) to pay at least one-third of
damages or non-material damage.
(4) in assessing whether the employee has violated the law or other
regulations or guidelines to ensure the safety and health at
the work, the employer could not rely on general provisions, in accordance with
where has everyone so that he does not endanger their health and the health of
other.
§ 271
The employer cannot relieve the obligation to compensate for damage or
non-material damage in whole or in part, where an employee has suffered
an accident at work in preventing imminent harm employers or danger
directly threatening life or health, if an employee intentionally this status
did not induce.
Section 2
Types of compensation
§ 271a
Compensation for loss of earnings for the period of incapacity for work
(1) compensation for loss of earnings during the period of incapacity, it is for
employees in the amount of the difference between the average earnings before the injury
caused by an accident at work or an occupational disease and the full amount of the refund
the wages or salary under section 192 or rewards from the agreement pursuant to section 194 and full
the amount of sickness. Compensation for loss of earnings pursuant to the first sentence
the employee in the amount of his average earnings before the damage occurred
even at a time when according to § 192 paragraph 2. 1 part of the second sentence after the semicolon
It is not for wages or salary compensation or rewards from the agreement.
(2) compensation for loss of earnings referred to in paragraph 1, the employee
even in his inability to work due to the same accident at work
or occupational disease. Average earnings before the injury, according to
the first sentence is the average earnings of the employee before the emergence of more
damage. If, before the emergence of additional damages employees
compensation for loss of earnings after the incapacity, compensation
for loss of earnings referred to in paragraph 1 shall provide to the employees of the above
the amounts to which he is entitled to compensation for loss of earnings after
termination of incapacity for work, had he not been unable to work. For earnings
After an industrial accident or occupational disease shall be treated as
pay the wages or salary under section 192 or rewards from the agreement pursuant to section 194 and
sick-list.
§ 271b
Compensation for loss of earnings after the incapacity
(1) compensation for loss of earnings after the incapacity or
in recognition of the disability of the employee in the amount of the difference between the
average earnings before the injury and earnings obtained after
an industrial accident or occupational disease, plus
the eventual invalidity pension received for the same reason. To reduce the
disability pension for overlapping with another pension under the legislation of
on pension insurance, nor to the earnings of employees, which has reached the
increased work effort, shall be disregarded.
(2) compensation for loss of earnings referred to in paragraph 1, the employee
even when the incapacity for work for a reason other than the original work
occupational accident or disease; for earnings after an industrial accident or
occupational disease shall be treated as earnings, from which the amount
the sickness.
(3) compensation for loss of earnings after the incapacity or
in recognition of invalidity under paragraph 1 for employees, which is
kept in the records of applicants for employment; for earnings after an industrial accident
or after occupational disease shall be treated as income in the amount of
the minimum wage. If the employee received before he became a contender
for employment, compensation for loss of earnings after the work
the inability of this remedy, it must be such, that his
a right for the duration of the employment relationship or legal relations
based agreements on work performed outside an employment relationship.
(4) If an employee reaches from his guilt lower earnings than other
staff performing the same job for the employer or job
of the same species, it is considered earnings after an industrial accident or the findings of the
occupational disease, the average earnings, which they achieve these other
employees.
(5) an employee who refuses to Board without serious reasons, work,
which the employer secured compensation for loss of earnings
referred to in paragraph 1 only in the amount of the difference between average earnings before
the emergence of damages and average earnings, which could reach in the work,
He was assured. The employer does not pay for the damage to the
the amount that you earn without serious reasons, failed.
(6) compensation for loss of earnings after the end of temporary work
the inability of the employee until the end of the calendar month,
in which it has attained 65 years of age or retirement age, if the retirement age is higher
than 65 years, or until the date of awarding a retirement pension from the pension
insurance.
§ 271c
Compensation for the pain and make it more difficult for social application
(1) compensation for pain and worsening social application provides
employees in a lump sum, at least under the law
issued for the implementation of paragraph 2.
(2) the Government regulation of compensation for the pain and make it more difficult
the social application of corresponding to the injury, the method of determining the amount of
compensation in individual cases and procedures when issuing a
assessment, including its requirements in relation to the activities under consideration.
§ 271d
Reasonably incurred costs associated with treatment
Reasonably incurred costs associated with treatment belongs to those who make these
the costs incurred.
§ 271e
Compensation for damage
An employee who has suffered an accident at work or has been detected
occupational disease, the employer is obliged to provide compensation for the General Ledger
the damage; the provisions of § 265 para. 3 also applies here.
§ 271f
Damages under this Act is not a possible loss of income.
Section 3
Types of refunds on the death of the employee
§ 271g
A replacement reasonably incurred costs associated with treatment and recovery
reasonable costs associated with the funeral
(1) compensation reasonably incurred costs associated with treatment and recovery
reasonable costs associated with the funeral belongs to those who make these costs
He expended. From the reasonable costs associated with funeral expenses shall be deducted
death grants provided under a special legal regulation.
(2) reimbursement of reasonable costs associated with the funeral expenditure
posted in funeral, cemetery fees, expenditure on the establishment of a monument or
Board to the amount of at least $ 20,000, spending the Memorial or boards,
travel expenses and one-third of the usual expenses for funeral clothing
persons close to the.
(3) the Government may, in view of the changes that occurred in the development of the price
levels, increase the amount of regulation on the establishment of a monument or plates according to
of paragraph 2.
§ 271h
Cost recovery for survivors of
(1) the refund of the cost of food, which survivors
deceased employee food was provided or was obliged to provide,
by the time in which this obligation was, up to the end of the
the calendar month in which the deceased employee would have reached age 65
age or retirement age, if the retirement age is higher than 65 years.
(2) the reimbursement of the costs referred to in paragraph 1 for the survivors in the amount of 50% of the
the average earnings of employees, established before his death, if
the food provided for or was obliged to provide for one person, and 80% of the
This average earnings if the food was provided or was obliged to
provide more than one person. From the amounts attributable to each of the survivors
minus the pension granted to survivors because of the death of the employee. To
the potential earnings of the surviving shall be disregarded.
(3) in the calculation of compensation for survivors of the costs is based on the
the average earnings of the deceased employee; reimbursement of costs of nutrition
all survivors must not, however, exceed the amount of the sum of the
also belonged to the deceased employees compensation for loss of earnings under section
271b para. 1, and shall not be granted for longer than would be entitled to the deceased
employees pursuant to § 271b para. 6.
§ 271i
One-time compensation survivors
(1) the one-time compensation survivors belongs to the surviving spouse,
partnerovi51a) and nezaopatřenému child, each in the amount of at least
240 000. One-time compensation to survivors in addition to his parents, it is for
the deceased employee, if the employee had lived in the home, in the
the aggregate amount of at least 240 000; one-time compensation of at least
It is for the 240 000 CZK in the case that the deceased employee lived in
only one parent households.
(2) the Government because of the changes that have occurred in the development of wage levels and
the cost of living, increase the amount of one-time compensation regulation
survivors.
§ 271j
Compensation for damage
Compensation for damage, it is for the heirs of an employee; the provisions of § 265
paragraph. 3 also applies here.
Section 4
Specific and common provisions on occupational accidents and occupational diseases
the profession
§ 271 k
(1) an accident at work for the purposes of this Act is the damage to the health or
the death of the employee, if to them independently of his will, in the short,
sudden and violent action of external influences in the course of work
or in direct connection with it (§ 273 and 274).
(2) as a work-related injury is assessed whether or not the injury, that the employee has suffered
for the course of work.
(3) an accident at work is not an accident that happened to the employees on the way
to work and back.
(4) occupational diseases are diseases specified in a particular legal
prescription.
§ 271l
Compensation for loss of earnings for a period of sick leave and compensation for
loss of earnings after the sick leave for the same reason are
a separate law, which is not next to each other.
§ 271m
(1) when determining average earnings for purposes of compensation when
accidents at work or occupational diseases is a decisive period
the previous calendar year, if the vesting period for employees
more profitable.
(2) compensation for loss of earnings and costs of nutrition
the bereaved, the employer is obliged to pay out regularly once
monthly, if not agreed upon a different way of payment.
§ 271n
(1) in the case of compensation for damage or non-material damage when an occupational disease
the employer has to damage or non-material damage, the right to
compensation to all employers, in which the affected employee
He worked for the conditions in which the occupational disease was established, which was
affected, to the extent corresponding to the period during which he worked for
These employers under such conditions.
(2) in the case of other damage or non-material damage to health than
an accident at work or an occupational disease, applies to the method and scope of its
the refund provisions on occupational accidents.
§ 271o
For the employee who is at the time of an accident at work or the establishment of
profession in several employment relationships or is operating on the basis of the agreement
about work performed outside an employment relationship, when fixing the amount of compensation for
loss of earnings is based on the average earnings achieved in all
These fundamental labor relations, and for a period, after which the
might last.
§ 271p
(1) a worker who sustains an accident at work or has been detected
occupational disease, employment contracted for a fixed period or when you
work on the basis of the agreement on work performed outside an employment relationship
concluded for a definite period, the compensation for loss of earnings only to
the time when this basic employment relationship had come to an end. After this time
the compensation for loss of earnings, if possible according to the
circumstances to assume that the affected employee would continue to be
employed. Other rights arising from the obligation to compensate for damage or
non-material damage caused by an accident at work or occupational disease
This does not affect.
(2) If a work-related injury or occupational disease in
those receiving old age pension or disability pension for disability
the third degree, it is incumbent upon him compensation for loss of earnings for a period, if the
ceased to be employed for reasons that are not related to an accident at work
or occupational diseases; If, for reasons that are related to
an accident at work or occupational diseases, it is for him a compensation for the loss
earnings for the period during which due to their State of health
before an accident at work or occupational diseases could work. The provisions of the
§ 271b para. 6 also applies here.
§ 271q
The rights arising from § 271g-271j are not dependent on whether the
before his death, an employee within the prescribed period the right to compensation
or non-material damage.
§ 271r
The method and the amount of compensation or non-material damage, the employer is
without undue delay shall discuss with the trade unions and the
by the employee.
§ 271s
The amount of the compensation, the Court may set out by law (§ 271c and 271i)
reasonably increase.
§ 271t
Not be limited to the rights of the employee to compensation for loss of earnings from
because of an accident at work or occupational disease, or other damages or
non-material injury than because of an accident at work or an occupational disease of
profession and the right to reimbursement of the costs for survivors. The right to
individual achievements resulting from them are, however, barred.
§ 271u
(1) changes the ratios substantially damaged that were decisive
to determine the amount of the refund may be damaged and the employer to claim
changes in the adaptation of its rights or obligations.
(2) the Government because of the changes that have occurred in the development of wage levels and
the cost of living, the regulation modifies the terms, amount and method of compensation for the
loss of earnings granted to employees upon completion of the work
incapacity resulting from an accident at work or occupational diseases, and that
as a rule, with effect from the beginning of the calendar year; This also applies to the
reimbursement of costs for survivors.
TITLE IV
COMMON PROVISIONS
§ 272
When determining the amount of damage is based on the usual price at the time of
damage or loss, taking into account what must to restore damaged or
Replace functionality of things reasonably spend.
§ 273
(1) performance of work tasks is the performance of job duties
arising from employment and from legal relationships established
agreements on work performed outside an employment relationship, other activities
carried out at the behest of the employer, and the activity that is the subject of
the working path.
(2) performance of work tasks is also an activity done for the employer
on the initiative of the trade unions, works councils, where appropriate, a representative for the
the safety and health at work, or a representative of the employees in the
The European Works Council or other staff or activities
done for the employer on its own initiative, if the employee
It does not need special permissions or it does not perform against the express
the prohibition on employers, as well as the voluntary assistance of the organized
by the employer.
§ 274
(1) in direct connection with the performance of the Working tasks are tasks needed
for the performance of work and tasks during normal or necessary before the beginning
work or its aftermath and acts normal at the time of breaks
for meals and rest in the object of the employer and further examination by
providers of health services to be carried out at the behest of the employer
or examination in respect of night work, first aid and treatment
the path to it and back. However, such acts are not the path to employment and
back, eating, examination or treatment by providers of health
services or the path to it and back, if it is not done in an object
of the employer.
(2) in direct connection with the performance of work tasks is training
workers organized by the employer or the Trade Union,
where appropriate, the authority of the supervisor to the employer, which shall be monitored
increasing their vocational preparedness.
section 274a
(1) on the way to work and back means the journey from the place of the employee's
residence (accommodation) to the point of entry into the object of the employer or the
other place designated to perform work and back; for staff members in the
forestry, agriculture and construction also journey to the designated rally point
and back.
(2) the path from the village of residence of the employee to the workplace or place of
accommodation in another village, which is the aim of the mission, if it is not
at the same time the municipalities of its regular work, and back shall be treated as
necessary action before the beginning or after the end of the work.
the title launched
§ 275
(1) the employer is obliged to compensate staff for damage or
non-material damage, in monetary terms, if the damage to neodčiní indicating in
the previous state.
(2) If an employer can prove that the damage resulted from also damaged
the employee, his obligation to compensate is relatively limited.
PART TWELVE
INFORMATION AND CONSULTATION, THE SCOPE OF THE TRADE UNIONS, THE COUNCIL
EMPLOYEES AND REPRESENTATIVES FOR THE SAFETY AND HEALTH AT
The WORK of the
TITLE I OF THE
BASIC PROVISIONS
§ 276
(1) employees in the basic employment relationship referred to in section 3 are
the right to information and consultation. The employer is obliged to inform the
employees and deal with them directly, if it does not, the Trade Union
the Organization, the Council employee or representative for the safety and
health at work (hereinafter referred to as "employees ' representatives"). If, for the
the employer operates more representatives of employees, the employer is
shall be obliged to fulfil the obligations under this Act with respect to all the representatives of the
employees, unless otherwise agreed between them and the employer of another
the way of synergies. Employee information and consultation
take place at a level corresponding to the subject matter of the hearing with respect to the
privileges and responsibilities of representatives of employees and the level of control.
(2) employees ' representatives may not be for the performance of its activities
disadvantaged or advantaged in their rights or discriminated against.
(3) confidential information means information which can
endanger or damage the operation of the employer's or violate the legitimate
interests of employers or employees. Confidential information is
does not consider the information that the employer is obliged to inform, discuss
or publish under this Act or special legislation.
Information about the facts protected under specific legal
^ Law 78) is not the employer must be given or discussed.
Members of trade unions, works councils and representative for the
safety and health at work are required to maintain the
confidentiality of any information that they have been expressly provided as
confidential. This obligation continues after the performance of their duties.
(4) the provisions of paragraph 3 shall apply to experts that the representatives of the
employees invited.
(5) if the employer requires confidentiality of
the information provided on a confidential basis, representatives of the
the employees claim that the Court should declare that the information was confidential
marked without adequate reason. If an employer does not provide the information,
representatives of the employees claim that the Court has held that it is
the employer shall be obliged to provide information. ".
(6) the representatives of the employees are required to appropriately inform
employees in all workplaces on its activities and on the content and conclusions of the
information and consultation with the employer.
(7) the employer shall enable employees of the election of the representatives of
employees. Elections shall be held during working hours. Do not allow the operating
employer options, you may choose to take place outside of the workplace.
(8) for the purposes of the proceedings referred to in paragraph 5 and for the purposes of the enforcement of
obligations under part of the twelfth Council staff has the capacity to be
a party to civil proceedings. For the Works Council is the
the President or an authorized member.
(9) the employer shall discuss with the employee or on its
the request with the Trade Union or Works Council or representative
for the safety and health at work the employee complaint
on the exercise of the rights and obligations arising from employment relations.
§ 277
The employer shall at their own expense to create the workers ' representatives
the conditions for the proper performance of their activities, in particular to provide them under the
its operational possibilities within a reasonable range of the room with the necessary
equipment, pay the necessary costs of maintenance and technical operation and
the cost of the necessary documents.
TITLE II
INFORMATION AND CONSULTATION OF
§ 278
(1) to ensure the right to information and consultation of employees can
employers choose Works Council, where appropriate, the representative for the
safety and health at work in accordance with § 281.
(2) informing the means providing the necessary information, from which it is
possible to uniquely determine the State notified the fact, or it
to deliver an opinion. The employer is obliged to provide information in
sufficient time and in an appropriate manner, so that employees can
to assess, where appropriate, to prepare for the discussion and express their
the opinion before making arrangements.
(3) Discussing means of negotiations between the employer and employees,
the exchange of opinions and explanations in order to reach a consensus. The employer
is required to ensure consultation in good time and in an appropriate
in a way, so that employees could, on the basis of the information provided
to express their views and the employer is able to take into account before
making arrangements. Employees have the right to receive the consideration in the
its opinion on a reasoned reply.
(4) employees have the right to request before making arrangements
additional information and explanations. Employees also have the right
request a personal meeting with the employer at the appropriate level of management
Depending on the nature of the case. Employers, employees and employee representatives
are obliged to provide assistance and to act in accordance with their
legitimate interests.
§ 279
Informing the
(1) the employer is obliged to inform employees about
and) economic and financial situation of the employer and its likely
the development,
(b)) activity of the employer, its likely development, its
consequences on the environment and its ecological measures
(c)) legal status of the employer and its amendments, the internal arrangement
and the person authorized to act on behalf of the employer in labor relations,
about the prevailing activity of the employer identified by the code Classification
economic activity ^ 111) and made the changes in the scope of activities
the employer,
(d)), the fundamental questions of working conditions, and their changes
e) matters to the extent provided in § 280,
f) measures governing the employer ensures the equal treatment of
men and women and prevent discrimination,
g) offer vacancies for an indefinite period, which would have been
suitable for further work assignments for employees
employer in the employment contract concluded for a definite period,
h) health and safety at work to the extent provided in § 101
to § 106 paragraph. 1 and § 108 and a special law ^ 37),
I) matters within the scope of the agreement on the establishment of the European Council
employees or other named procedures for information and
consultation at transnational level, or to the extent provided in section 297 para.
5.
(2) the obligations referred to in paragraph 1 (b). a) and b) do not apply to
employers who employ less than 10 employees.
(3) the user (section 307a) is also obliged to inform the temporarily assigned
the Agency's staff work on the job menu.
§ 280
Discussion of the
(1) the employer shall discuss with employees
and the likely economic development) of the employer,
(b) structural changes in the employer's) intended, its rationalization
or organisational measures, measures which affect employment, in particular
measures in the context of collective redundancies of employees under section 62,
(c)) the latest status and structure of the staff, the probable development of
employment with the employer, the essential questions of working conditions and
their changes,
(d)) the transfer under section 338 to 342,
(e)) the safety and health at work to the extent provided in § 101
to § 106 paragraph. 1 and § 108 and a special law ^ 37),
(f)) matters within the scope of the agreement on the establishment of the European Council
employees or other named procedures for information and
consultation at transnational level, or to the extent provided in section 297 para.
5.
(2) the obligations referred to in paragraph 1 (b). a) to (c)) shall not apply to
employers who employ less than 10 employees.
TITLE III
WORKS COUNCIL AND REPRESENTATIVE FOR OCCUPATIONAL SAFETY AND HEALTH
The WORK of the
§ 281
(1) for the employer it is possible to choose the Works Council and a representative for
the safety and health at work. The Works Council has
at least 3, not more than 15 members. The number of members must always be odd. Total
the number of representatives for the safety and health at work depends
the total number of employees of the employer and the risk
the work to be performed; It is possible, however, to establish no more than one representative on the
10 employees. The number of members of the Council and the representatives of employees for area
safety and health at work, the employer shall determine, after consultation
with the Electoral Commission, established pursuant to § 283 paragraph. 2.
(2) the term of works councils and representative for the safety and
health at work takes 3 years.
(3) for the purposes of the choice of a representative for occupational safety and health
at work is the record number of employees of the employer in the
the ratio at the date of the written proposal on the election.
(4) the Council shall elect from among its members at its first meeting
the President and inform the employer and the employee.
(5) if the transfer of rights and obligations of labor relations at
current employer and the employer acts
the representatives of the employees receiving the employer in cases referred to in
§ 279 and 280 fulfils the obligations towards all, unless otherwise agreed between them, and
the employer otherwise. The representatives of the employees shall carry out their obligations to date,
When the term expires. If before expiry of the term of Office
the number of the members of one of the Councils employees dropped to less than 3, takes its
the function of the other Council employees.
§ 282
(1) the Council staff and Deputy for the safety and protection of the
health at work shall expire on expiration of the term, if it is not in the
This Act provides otherwise.
(2) the Council shall cease on the day also when the number of members of the Works Council
It has fallen to less than 3.
(3) in the cases provided for in paragraphs 1 and 2 shall transmit to the Council
or representative for the safety and health at work, without
undue delay, all the supporting documents relating to the exercise of the function
employer that is stored for a period of 5 years from the date of termination of the Council
employees or Deputy for the safety and protection of
health at work.
(4) the membership of the Council staff and Deputy for the area
safety and health at work shall expire on
a) resignation,
b) termination of employment with the employer,
c) removal from Office.
§ 283
(1) the election announced by the employer on the basis of a written proposal
signed by at least one third of the employees of the employer in the
employment at the latest within 3 months from the date of receipt of the proposal.
(2) elections organized by the Election Commission composed of at least 3, no more than 9
the employees of the employer. The number of members of the Electoral Commission shall determine
the employer with regard to the number of employees and internal
the arrangement. Members of the Electoral Commission are employees by the order in
which they are signed on a written proposal of the Council staff.
The employer shall inform the employee about the composition of the Electoral Commission. The electoral
the Commission is obliged to provide the necessary information and documents for the purpose of
the elections, in particular a list of all employees in employment.
(3) the Election Commission
and) in agreement with the employer shall identify and announce the election date at least 1
a month before the Expo and the deadline for the submission of proposals for candidates
(b)) shall draw up and publish the electoral regulations,
(c)) shall draw up candidates from the proposals of the employees of the employer in
employment relationship,
(d)) shall be published by the Charter in advance of the elections,
e) organizes and controls options
f) decides on complaints of errors and shortcomings in the candidate
the Charter,
g) sums up the votes and the outcome of the election will draw up a written report in two
copies; a copy of the selected works Council passes,
where appropriate, the elected representatives for the safety and protection of health
at work, the other employers,
(h)) on the outcome of the election, inform the employer and any employee.
(4) elections are direct, equal and secret. The option is only available
personally. To the validity of elections is needed the participation of at least one half of the
employees of the employer, who can come to vote, because
obstacle to them at work or business trip. Each voter
You may vote for as many candidates as there are seats in the Council
employees; one candidate can give only 1 vote. If this fails to meet the
the rules, his voice is invalid.
(5) Permission vote and stand as a candidate, all employees of the employer
in employment.
§ 284
(1) nomination of candidates, each employee of the employer in the
employment relationship. The draft Electoral Commission in writing, and it must be
substantiate the written consent of the candidate, and at the latest by the date
fixed by the Election Commission.
(2) elections will not take place if the Electoral Commission does not receive the
the deadline for submission of proposals of candidates
and the Works Council) at least 3 proposals
(b)) on the function of the representative for the safety and health at work
at least 1 proposal.
(3) the members of the Works Council and representatives for the safety and protection of the
health at work are in a predetermined number of elected candidates
the largest number of valid votes obtained. Candidates in other places
are replacements to these functions; they become members of the Works Council or
representatives of the occupational safety and health at work on the date when the
This function releases, in order of the number of valid votes obtained
in the elections. In a tie, the Election Commission shall determine by lot the order.
(4) the Protocol on the outcome of the election kept by the employer for a period of 5 years from the
the date of the election.
(5) The appeal board member employee or representative for the
safety and health at work shall apply mutatis mutandis to the provisions of
paragraphs 1 to 4 and § 283.
§ 285
(1) each employee of the employer in the employment and the employer
may submit a written complaint to the Election Commission, errors and shortcomings
placed on the candidate list and propose a fix, not later than 3 days
before the date of the election. The Electoral Commission of the complaint and of its
the decision shall inform the complainant in writing until the day preceding the election.
The Commission's decision is final and is excluded from the review by the Court.
(2) any employee of the employer in the employment and the employer
You may petition to declare invalid the elections seek protection in
the Court by a special Act ^ 79), if it deems that there is a
violations of the law, which could materially affect the outcome of
options. The proposal must be submitted in writing no later than 8 days from the date of
the announcement of the election results.
(3) if the Court ruled that the elections are invalid, it shall be held no later than
within 3 months of the decision repeated elections. Members of the election
the Commission repeated elections are employees pursuant to § 283 paragraph. 2 with
the exclusion of those workers who have worked in the Election Commission and the who
they were candidates.
TITLE IV
THE SCOPE OF THE TRADE UNIONS
§ 286
(1) trade unions are entitled to act in the labour
relations, including collective bargaining under this Act,
the conditions laid down by law or agreed in the collective agreement.
(2) A Trade Union is the authority designated by its statute ^ 112).
(3) the Trade Union Organization Act for the employer and has the right to act, only
If authorized to do so in accordance with the articles of Association and at least 3 of its members are
with the employer in the employment contract; collective bargaining and conclude
a collective agreement may, in those circumstances, only a trade union organization or
her side of the Organization, if it is warranted, the statutes of the Trade Union
the organization.
(4) the trade unions with the employer arise on the date of
following the date on which the employer has announced that meets the conditions
in accordance with paragraph 3; If the trade union organization to these terms
meet the employer shall without undue delay notify the.
(5) if the employer more trade unions, is
the employer shall in all cases or more
the number of employees, when this Act or special legislation
require information, consultation, consent or agreement with the Trade Union
organizations to fulfil these obligations to all trade unions,
unless it agrees with them on another form of information, consultation or
assent.
(6) if the employer more trade unions, acting for
employees in labor relations in relation to individual
employees Trade Union, to which the employee is a member. For
the employee, which is not unionized, labor
the relations of the Union with the largest number of members who are
the employer in the employment contract, unless the employee is otherwise.
§ 287
Information and consultation of
(1) an employer is required to inform the Trade Union of
and development) of the wages or salaries, the average wage or salary, and its
the individual components including breakdown by individual professional
groups, if not agreed otherwise,
(b)) the matters referred to in section 279.
(2) the employer shall discuss with the trade unions
and the economic situation of the employer)
(b) the amount of work and employment) rate (section 300),
(c)) changes in work organization,
(d)) the remuneration system and evaluation of employees
(e)) a system of training and education of employees,
f) measures to create conditions for the employment of individuals,
in particular, minors, persons caring for a child younger than 15 years old and
individuals with disabilities, including substantial matters
employee care, measures to improve hygiene of work and labour
environment, the organisation of social, cultural and physical needs
employees,
g) additional measures related to the larger number of employees,
h) matters referred to in section 280.
TITLE V OF THE
ACCESS TO TRANSNATIONAL INFORMATION
§ 288
(1) the Transnational information and consultation for the purposes of this Act,
means of informing and consulting, which applies to the employer, or
the employers ' group operating within the territory of the Member States of the European
Union and the European economic area (hereinafter referred to as "Member State") as
a whole or at least two employers or organisational units
the employer or group of employers that are at least
in two Member States. When assessing whether it is a transnational
information and consultation shall take into account also the scale of the potential impacts and
level of management and representation of employees.
(2) the right of employees employers operating within the territory of the Member
State on transnational information and consultation shall take place with the stipulated
the procedure for the transnational information and consultation, or through
the European Works Council. The procedure under the first sentence needs to be defined and
implemented so as to ensure its efficiency and in order to allow
effective decision making employers or groups of employers. The European
the Works Council is constituted on the basis of the arrangement of the Negotiating Committee with
the head office or under section 296. Employer within the territory of the
the Member States shall be obliged to create conditions at their own expense for
the establishment and proper functioning of the Negotiating Committee, the European Council
employees or other agreed procedure for transnational information and
discuss, in particular, cover the costs of organising meetings, interpretation,
travel and accommodation of the members related to their proper activities,
the necessary training and the cost of the 1 expert, if not with the head office
agreed upon payment of other costs.
(3) the obligation to provide transnational information and consultation under this
the law applies
and employers and groups) to employers operating within the territory of the
the Member States established or place of business in the Czech Republic,
(b)) on the employer's business areas within the territory of the Member
States located in the Czech Republic ^ 80),
(c)) on the representatives of the employer or group of employers
within the territory of the Member States pursuant to section 289 paragraph. 2 who have
registered office or place of business in the Czech Republic, if not in this Act
unless provided otherwise below.
(4) the employer is operating within the territory of the Member States for the purposes
This Act means an employer that has at least 1 000 employees
in the Member States and in at least 2 Member States after 150
employees.
(5) employers ' Group operating within the territory of the Member States
for the purposes of this Act, the more employers United one
managing an employer that meets the following requirements:
and) has in the Member States together at least 1 000 employees, the
(b)), at least 2 of the employers ' group, the employers operating within the
the territory of the Member States have their registered office or place of business or placed
organizational folder in the 2 different Member States and
(c)) at least 1 employer of employer groups operating within the
the territory of the Member States at least 150 employees in one
Member State and another from a group of employers, the employer
operating within the territory of the Member States at least 150 employees
in another Member State.
§ 289
(1) the management by the employer for the purposes of this Act, the
an employer who directly or indirectly control of another or other
employer group of employers (employer-driven).
Crucial to determining whether it is about the management of the employer are
the legislation, which the employer within the territory of the Member
the State is subject to. If an employer was not operating within the territory of the Member
States established under the legislation of a Member State, are to determine
whether it is about the management of the employer's critical legislation
the Member State on whose territory it has its registered office, place of business or is
positioned for that employer, and if not for
designed, are crucial law of the Member State in whose territory the
has its registered office, place of business or employer's headquarters is located,
that employs the most workers. For the management is considered to be
an employer who, in relation to another employer group
employers directly or indirectly
and) can appoint more than half the members of the administrative, management or
the supervisory authority of the employer
(b)) has a majority of voting rights for that employer, or
c) owns a majority share in the capital of the employer
If it is proven that another employer in the employers ' group has
the effect of the stronger. If in a group of employers there are more
employers who meet these requirements, the management company
determined in accordance with those requirements, in the order shown in the third sentence. For this
the purpose of the management of the employer concerning the rights of voting and the appointment of
also include the rights of any managed by employers and the rights of all
persons or bodies acting on behalf of the management of the employer or
employer-driven. For the management of the employer, however, does not consider the
the employer in relation to other employers, in which the participation by
Article 3, paragraph 3. 5 (b). and) or c) Council Regulation (EC) No 139/2004 of
20 January 2004 on the control of concentrations between undertakings ("the EC regulations on
bonding "). This provision shall not apply to legal relationships arising in the
the case of insolvency proceedings ^ 21a).
(2) the Head Office for the purposes of this Act, the employer shall,
within the territory of the Member States and the management group, the employer
employers operating within the territory of the Member States. If the head office
registered or if it is not located in a Member State, shall be deemed for the purposes of
of this Act, a representative appointed by the headquarters. If this is not
a representative is appointed, it is considered the headquarters of the employer with the largest
the number of employees in the Member States.
(3) information and consultation only applies to employers established or
location of branches in a Member State, if there is no agreement to the wider
range.
(4) the number of employees for the purposes of providing, as the average number of
employees during the previous 2 years from the date of the request or
the opening of negotiations in accordance with § 290 paragraph headquarters. 2. Head Office and each
the employer shall be obliged to employees and/or their representatives
provide information for the purposes of determining whether it is possible to establish a European
Works Council, or negotiate a different procedure for transnational information and
consultation, in particular information on the number of employees and their composition and
the organizational structure of the employer or group of employers.
(5) unless otherwise provided by agreement on a European Works Council or the arrangements for
another procedure for the transnational information and consultation, or edit
the Member State in which the seat of the headquarters, more favourable conditions apply
for the purposes of the collective representation of employees of section 276 and 278 paragraph §. 2
up to 4 apply mutatis mutandis to the members of the Negotiating Committee, the European Council
the employees or representative of employees under another named procedure,
as well as for employers. The provisions of § 276 paragraph 1. 8 shall apply, even if the
the head office is not established or is not located in the Czech Republic. For
interpreters, translators, experts and advisers shall apply to § 276 paragraph 1. 4.
§ 290
(1) the Negotiating Committee is constituted to negotiate with employees
the headquarters of the arrangements for the establishment of a European Works Council or a another
the procedure for the transnational information and consultation.
(2) negotiations for the establishment of the Negotiating Committee will initiate a headquarters of their own
initiative or at the written request of at least 100 employees from at least 2
employers, or the employers ' organizational components located
in at least 2 different Member States or at the written request of their
representatives.
(3) the Members of the Negotiating Committee are employees of an employer or
employer groups operating on the territory of the Member States. Employees
the employer from the territory of each Member State in which the employer
or group of employers within the territory of the Member States, registered office
or the location of the organizational unit, are represented by one member in
every 10% of employees of the total number of employees in
all the Member States taken together.
(4) the Members of the Negotiating Committee on behalf of employees in the Czech Republic shall designate the
employee representatives at a joint meeting. If one exists or
If any employer to the employees ' representatives shall choose
the employees of the employer representative for them participating in
the joint session. The distribution of votes at a joint meeting shall be determined
in proportion to the number of employees for which the representatives of the employees.
If the employer more of employees ' representatives, acting in
all employees of the employer together, unless otherwise agreed between the
you otherwise. If necessary a joint meeting, the procedure is similar to the
the appointment or election of a member of the Negotiating Committee.
(5) the provisions of paragraph 4 shall also apply in the case where it is in the Czech Republic
only the employer's organizational unit located within the territory of
of the Member States.
§ 291
(1) the Negotiating Committee shall deliver to the employer and the headquarters of the information about the
appointed and elected members. The head office shall convene the inaugural meeting
the Negotiating Committee without undue delay after that, when he's this
information is delivered. Delivers information about the composition of the headquarters of the negotiating
Committee and the opening of negotiations, recognized by the competent European organisations
employees and employers, with which the European Commission discusses the
pursuant to article 154 of the Treaty Affairs on the functioning of the European Union. On
the constituent meeting of the Negotiating Committee shall elect a Chairman. Before each
negotiations with the headquarters even after the Negotiating Committee has the right to meet at its
a separate meeting. If it is absolutely necessarily to be, to
discussions by the experts. These experts and representatives of the competent
recognised by the European organizations of employees and employers may, at
the request of the special negotiating body to participate in the negotiations as advisers.
(2) unless this Act provides otherwise, the Negotiating Committee
take decisions by an absolute majority vote of all its members.
(3) negotiations between the headquarters and negotiated by the Committee, the European Council
staff and authority to preserve a different procedure for transnational
information and consultation must be conducted with a view to reaching a consensus.
(4) the place and date of joint meeting are subject to agreement between the
the Negotiating Committee and headquarters. About the place and the date of the public hearing
inform the Head Office of the employer. The cost of the activities of the negotiating
the Committee shall be borne by the employer.
§ 292
The Negotiating Committee shall act at least a two-thirds majority of the votes
of all its members, that the negotiations will be initiated or initiated
the hearing will be closed. Writes about a record, which shall be signed by the members of the
the Negotiating Committee, who have adopted such a resolution. A copy of the registration
shall send the Committee headquarters, which shall inform the employer
and the employees or their representative. A new request in accordance with § 290 paragraph 1. 2
may be made at the earliest two years after this resolution, if the headquarters and
the Negotiating Committee neujednají less time.
§ 293
(1) the head office and the Negotiating Committee may negotiate, establish a European
Works Council, or may negotiate a different procedure for transnational
information and consultation. In doing so, are not bound by section 296 to 298.
(2) the European Works Council may be expanded to include representatives of the employees
the employer of the States that are not members of the European Union, if it
Headquarters and negotiating Committee ujednají.
§ 294
European Works Council established arrangements
Agreement on the European Works Council shall be in writing and must contain the
in particular, the
and the identification of all employers), to which it applies,
(b)), the composition of the tenure, number of members and the length of the term of Office
the European Works Council; in doing so, shall take into account the representation of employees
According to their activity and gender,
(c)) instead of the frequency and duration of meetings, the European Works Council,
d) tasks, powers and obligations of the European Works Council, headquarters and
employers in exercise of the right of employees to information and consultation,
Alternatively, the composition, terms of appointment, tasks and rules of procedure of the Committee,
e) way of convening meetings,
(f) the method of financing the costs of) the activities of the European Works Council,
g) connection with informing the employees ' representatives and the discussion of
with them in accordance with national rules; This is without prejudice to the provisions of
concerning worker information and consultation under section 279,
280 and 287,
h) provisions on the procedure for the organizational changes,
and for the effectiveness of the arrangements) the European Works Council, the provisions on
the possibility of dismissal of the possibility of changes to the agreement, including the transitional
the provisions of, and procedure for negotiations on a new agreement.
§ 295
Arrangements for a procedure for the transnational information and consultation
Arrangements for a procedure for the transnational information and consultation must be
in writing and include, in particular,
and the subject of information and consultation) the transnational character of that
concern the important interests of the employees,
(b)) the manner and ensure that workers ' representatives together to discuss
the information that they provide Headquarters,
(c)) the manner and ensure consultation with headquarters or with the other competent
degree of control,
(d)) ways to tie with informing the employees ' representatives and the discussion of
with them in accordance with national rules; This is without prejudice to the provisions of
concerning worker information and consultation under section 279,
280 and 287,
e) procedure in case of significant organizational changes.
section 295a
If the arrangement under section 294 and 295 does not define ways to link with
by informing the employees ' representatives and to discuss with them according to the
the national headquarters and the employer must ensure that the transnational
information and consultation concerning planned measures
could cause serious changes in work organisation or in contractual
relations on all partner levels corresponding to the subject
the negotiations.
European Works Council established under the Act
§ 296
(1) the European Works Council shall be constituted under this Act, if
and it together ujednají) headquarters and negotiating Committee,
(b) refuses to initiate negotiations) for a period of 6 months from the submission of the application
employees in accordance with § 290 paragraph 1. 2 for the establishment of a European Works Council
or another procedure for the transnational information and consultation, or
(c)) within 3 years from the submission of the application in accordance with § 290 paragraph 1. 2 headquarters and negotiating
the Committee had not reached agreement on the procedure and there was no negotiating Committee on
conclusion of the negotiations referred to in § 292.
(2) the European Works Council shall appoint a member of staff representatives
workers at the joint meeting. If one exists or if
any employer, employee representatives, elect a staff
the employer representative for them participating in the common
meeting. If the employer more representatives of the employees shall elect a
the staff of the joint representative for them participating in
the joint session. The distribution of votes at a joint meeting shall be determined
in proportion to the number of represented employees.
(3) the employees of an employer from the territory of each Member State in which the
the employer or group of employers within the territory
the Member States, the registered office or the location of the organizational unit, are represented
one Member for every 10% of the total number of employees
employees in all the Member States taken together.
section 297
(1) the members of the European Works Council in the Czech Republic shall appoint from
employees of the employer the employee representatives on the joint meeting.
If one exists or if any employer representatives
employees, elect a staff representative for them participating in
the joint session. The distribution of votes at a joint meeting shall be determined
in proportion to the number of employees for which the representatives of the employees.
It works if the employer more trade unions, § 286
paragraph. 6 apply mutatis mutandis. If necessary a joint meeting, the procedure is similar to
the appointment or election of a member of the European Works Council.
(2) the provisions of paragraph 4 shall also apply in the case where it is in the Czech Republic
only the employer's organizational unit located within the territory of
of the Member States.
(3) the first and last names of its members and their addresses to employment is
the European Works Council shall without undue delay notify the
the headquarters, which shall transmit this information to employers and the representatives of
staff or employees.
(4) the term of Office of the European Works Council lasts 4 years. After 4
years after the inaugural meeting of the European Works Council voted on whether it will be with
Headquarters to negotiate in accordance with § 290 and 291, or whether to establish the European Council
employees under this provision. The decision taken by the Council
a two-thirds majority of all the members appointed. For negotiation
apply mutatis mutandis to section 290 and 291.
(5) at least once per calendar year, is required on the basis of headquarters
report drawn up by,
and) inform the European Works Council of the
1. organisational arrangements the employer and its economic and financial
the situation,
2. likely development, production and sales activities,
3. matters, which is required to comply with the European Works Council
discuss
(b)) to discuss with the European Works Council
1. likely development of employment, investments, and substantial changes
the organisation of work and technology,
2. cancellation or termination of the employer, the employer or the conversion
his activities, his reasons, substantial consequences and measures against
employees,
3. collective redundancies, the reasons for it, the number, structure and terms and conditions for
the designation of workers should be terminated the employment relationship and transactions
to employees in addition to meeting the responsibility resulting from legal
regulations.
The Headquarters also sends the message to the employer.
(6) if exceptional circumstances arise, or to be taken
the decisions that have a significant effect on the interests of employees, it is the headquarters of the
obliged without undue delay inform the European Works Council and
at its request, with her to discuss the necessary measures. If it is established
According to § 298 paragraph. 2, the headquarters to deal with this Committee. The members of the
the European Works Council who have been elected or appointed for the
employers, which have affected, however, is the headquarters of the required
to participate in this discussion. Exceptional circumstances means
in particular, the
and the cancellation, termination or) conversion of the employer or part thereof,
b) collective redundancies (§ 62).
the title launched
§ 298
(1) head office is obliged without undue delay convene the inaugural meeting
the European Works Council. At this meeting the Council shall elect its Chairman
and his Deputy.
(2) the Chairman and in his absence, his representative shall represent the European
Works Council and managed by its current operations. The European Council
employees shall establish to ensure coordination of their activities, not more than
five-Member Committee, which consists of the Chairman and the other members. The members of the
the Committee must be from at least 2 Member States.
(3) the European Works Council has the right to meet without the presence of
the relevant senior staff to discuss the information
It passes the headquarters. Date and place of the hearing is subject to agreement with the headquarters.
Meeting of the European Works Council shall not be public. The European Council
employees may invite experts, if this is strictly necessary for the performance of
its tasks. You may also invite the head of staff for Administration
additional information and explanations.
(4) unless otherwise stipulated, the European Works Council can decide,
If a majority of its members; Council decisions are
adopted by an absolute majority of votes of present members of the Council.
(5) the European Works Council shall be determined by the rules of procedure, which must be
written and must be accepted by a majority of all the members of the Council.
section 298a
To organizational changes
(1) if there is a significant organizational changes in the structure of
employer or group of employers operating within the territory of the
the Member States, and does not regulate the arrangements of the European Works Council
or another procedure for the transnational information and consultation procedure in
of these cases, or the provisions of these arrangements with each other in
contrary, the procedure is similar in accordance with § 290 paragraph 1. 2.
(2) if Proceeds by analogy with § 290 paragraph 1. 2, to the negotiating
the Committee shall be appointed by each of the already established European Works Council, or others
the establishment of workers ' representatives from among its members at least 3 other members.
(3) the Council established a European Works Council and the representatives of the employees provided for by
another named procedure does not end its activities. If necessary, adjust the
its business arrangement with the headquarters. The activity of the established European Councils
employees and another procedure for the transnational information and consultation ends
the conclusion of a new agreement with the Head Office for the establishment of the European Council
employees or other procedure. This moment cease to exist sooner
closed arrangement.
§ 299
The provisions of § 288-298a shall not apply for a European company and
European cooperative society, unless a special law
^ unless otherwise specified in 82).
PART THIRTEEN
COMMON PROVISIONS
TITLE I OF THE
THE AMOUNT OF WORK AND THE PACE OF WORK
section 300
(1) the employer is obliged to determine the amount of work required and
the pace of work to take into account the physiological and neuropsychological options
employees, regulations to ensure the safety and health at
work and time to natural needs, food and rest. Quantity required
the pace of work and you can also specify the standard job consumption.
(2) the employer shall ensure that the conditions referred to in paragraph 1,
where appropriate, the standard job consumption, it has been determined, were created before
the start of work.
(3) the amount of work required and the pace of work, where appropriate, the establishment or
the change of the standard job consumption determined by the employer, if they are not agreed upon in the
the collective agreement, after consultation with the trade unions.
TITLE II
THE BASIC OBLIGATIONS OF EMPLOYEES AND MANAGERS RESULTING FROM THE
EMPLOYMENT OR CONTRACTS FOR WORK PERFORMED OUTSIDE AN EMPLOYMENT RELATIONSHIP,
OTHER OBLIGATIONS OF EMPLOYEES, SPECIAL OBLIGATIONS FOR SOME EMPLOYEES
AND THE PERFORMANCE OF OTHER GAINFUL ACTIVITIES
§ 301
Employees are required to
and work properly according to their) forces, knowledge and skills, carry out the instructions
superiors issued in accordance with the law and cooperate with the
other employees,
(b)) use the working hours and means of production to carry out fiduciary
the work, to perform a high-quality and timely work tasks,
c) follow the law relating to the work performed by them;
comply with other regulations pertaining to work performed by them, if
with them were properly acquainted,
(d) manage funds) duly assigned to them by the employer, and
to guard and protect the assets of the employer against any damage, loss,
destruction and abuse and not to act in conflict with the legitimate interests of the
of the employer.
§ 301a
Other obligations of employees
The employees are at the time of the first 14 calendar days, and for the period from 1.
January 2011 until 31 December 2006. December 2013 at the time of the first 21 calendar days
the duration of the temporary incapacity for work shall be obliged to adhere to the fixed mode
temporarily work insured in respect of the obligation to keep the
at the time of temporary inability to work in the place of residence and to adhere to the time and
the range of allowed walks under the Act on sickness insurance ^ 107).
section 302
Senior employees are obliged to
and) to manage and control the work of subordinate employees and evaluate their
work performance and work results
(b)) as best organize your work,
c) creating favourable working conditions and ensure the security and
health protection at work,
(d) staff remuneration) ensure under this Act,
e) to create conditions for increasing the professional level of the employees,
f) ensure compliance with the laws and internal regulations,
g) ensure the adoption of measures to protect the assets of the employer.
§ 303
(1) employees
and in the administrative offices)
(b)) to the employee in
1. the police of the Czech Republic,
2. the armed forces of the Czech Republic ^ 83),
3. General inspection of security forces,
4. safety information services
5. The Office for foreign relations and information,
6. The prison service of the Czech Republic,
7. The probation and mediation service
8. The Office of the President of the Republic,
9. The Office of the Chamber of Deputies,
10. the Office of the Senate,
11. The Office of the Ombudsman,
12. The Office of the financial arbiter
13. The Office of the Government representation in property Affairs,
14. Czech social security administration and the district administrations
social security,
15. The Supreme Audit Office,
16. the Office for the protection of personal data,
17. The Institute for the study of totalitarian regimes,
18. protected landscape areas and national parks,
c) employees in the courts and the public prosecutor's Office,
d) employees
1. The Czech National Bank,
2. State funds,
(e) employees of territorial self-governing units) classification
1. until the local authority,
2. the municipal office,
3. the municipality of the city or municipality of the Chartered
of the city, the Office of the borough or City District Office
Chartered city,
4. the regional office,
5. the municipality of the capital city of Prague and the Office of the city district of the capital city
Prague,
with the exception of officials of territorial self-governing units according to a special
^ law 84),
f) employees of territorial self-governing units inclusion in municipal police
g) employees of schools run by the Ministry of the Interior ^ 85) and employees
Police Academy of the Czech Republic ^ 86), have increased the obligations referred to
in paragraph 2.
(2) the persons referred to in paragraph 1 shall be obliged to
and to act and make decisions impartially) and refrain from work everything
could undermine confidence in the impartiality of decision-making,
b) maintain confidentiality of facts which they learned when
of employment and that, in the interests of the employer not to communicate to the other
persons; This does not apply if this requirement were exempted from the statutory
authority or authorised by the head of an employee, unless special
legislation provides otherwise,
(c)) in connection with employment not to accept gifts or other benefits,
with the exception of gifts or benefits provided by the employer, which are
employed, or on the basis of legislation,
(d)) to refrain from conduct that could lead to a conflict of public interest
personal interests, especially not to misuse information acquired in connection with
employment in favor of your own or someone else's.
(3) the persons referred to in paragraph 1 may not be members of the management or
supervisory bodies of legal entities engaged in the business
activity; This does not apply if such a body were posted
the employer, in which they are employed, and in connection with this
do not receive remuneration from the membership of a legal person operating
business activity.
(4) the persons referred to in paragraph 1 may take ^ 87) only with
the prior written consent of the employer, in which they are employed.
(5) the restrictions provided for in paragraph 4 shall not apply to the activities of the scientific,
pedagogic, journalistic, literary or artistic and management
own property.
(6) the provisions of paragraphs 1 to 5 shall apply, unless a special law
provides otherwise ^ 88).
§ 304
(1) employees may, in addition to his employment exercised in basic
employment relationship engage in gainful employment, which is the same as the
the subject of activity of the employer, in which they are employed, only with the
prior written consent.
(2) If employer revokes the consent referred to in paragraph 1, shall be
appeal in writing; the employer is obliged to state the reasons for the changes in it
for its decision. The employee is then obliged to without undue delay,
gainfully employed end up way for the end of the resulting from the
the relevant legislation.
(3) the limitations provided for in paragraph 1 shall not apply to the performance of scientific,
pedagogical, journalistic, literary, and artistic activities.
(4) the provisions of paragraphs 2 and 3 shall apply, unless a special law
provides otherwise ^ 88).
TITLE III
INTERNAL REGULATION
§ 305
(1) an employer may establish rights in the internal regulation
labor relations, from which an employee is entitled, even cheaper,
than those provided for by this Act. It shall be prohibited to store internal rules
staff obligations or curtailed its rights provided for in this
by law. If it deviates from this prohibition, the employer is of no account
it.
(2) the internal regulations shall be issued in writing, shall not be in conflict with
the legislation or be issued with retroactive effect, otherwise it is completely
or in part invalid. Unless the staff regulations, the internal
prescription generally for a limited period, but at least for a period of 1 year; internal
in respect of the remuneration may be issued for a shorter period.
(3) the internal regulation is binding for the employer and for all its
employee. Shall take effect on the date on which it is established, first,
However, the date on which the employer declared.
(4) the employer is obliged to acquaint employees with the release, by changing the
or cancellation of internal regulation within 15 days. Internal regulation
must be accessible to all employees of the employer. The employer is
must keep internal regulations for a period of 10 years from the date of the end of the
its validity.
(5) if employees was established on the basis of the internal regulation of the right of
basic employment relationship referred to in § 3, in particular payroll,
salary or other right in labor relations, does not cancel
internal regulation effect on duration and to satisfy this law.
§ 306
Conditions of employment of
(1) the conditions of employment is a special type of internal regulation; getting divorced
provisions of this Act or special legislation in accordance with
special conditions with the employer as regards the obligations
employer and employee arising from employment relations.
(2) the conditions of employment cannot contain an adjustment in accordance with § 305 of paragraph 1. 1.
(3) employers referred to in § 303 paragraph. 1 are obliged to working order
issue.
(4) the employer, where the Trade Union Organization Act, may issue
or change the conditions of employment of only with the prior written consent of the Trade Union
the Organization, otherwise the release or change the invalid.
(5) the Ministry of education, youth and sports, acting in agreement with the
The Ministry of labour and Social Affairs decree, which lays down the working
regulations for employees of schools and educational facilities established by the Ministry of
education, youth and sports, region, community and voluntary Union
municipalities.
TITLE IV
WAGE, SALARY AND OTHER RIGHTS
§ 307
(1) If a notice of assessment is based (article 113, paragraph 4, and article 136) the right of the employee to the
performance in employment to a lesser extent than is apparent from the contract or
than the internal regulations, the parts concerned is invalid.
(2) if the contract or internal regulations of the wage adjustment or
pay rights and other rights in labor relations, according to the
which has the responsibility of employees more of the same rights, he just
one such law, namely that the employee shall determine.
TITLE V OF THE
TEMPORARY AGENCY WORK
section 307a
For dependent work according to § 2 shall be also cases when the employer
on the basis of an authorisation pursuant to special legal regulation (hereinafter referred to as
"employment agency") temporarily assigns his employees to work for
another employer on the basis of the provisions in the employment contract or
agreement on work-related activities, which the agency undertakes to work
your temporary employees work under an employment contract or
contracts for work at the user and the employee undertakes to keep this
work to take place according to the instructions of the user and on the basis of the agreement on the temporary
assignment of employees of employment agencies, concluded between the Agency and the work
by the user.
§ 308
(1) the agreement with the user agencies for temporary assignment of an employee
the Agency's work must contain
and) the name or name, surname, maiden name, if applicable, the State
citizenship, date and place of birth and residence of the temporarily assigned
the employee,
(b)) the kind of work that will be temporarily assigned a staff member to perform
including requirements for professional or medical requirements, the necessary
for this kind of work,
c) determine the time when the employee is temporarily assigned to perform
working with users
d) place of work,
(e)) the day when an employee temporarily assigned to work with
the user,
(f)) work and wage or salary conditions
employee user who carries out or perform the same job
as an employee temporarily assigned, taking into account the qualifications and
the length of professional experience (hereinafter referred to as "the worker"),
g) conditions under which the temporary assignment may be an employee or
the user is terminated before the expiry of the period for which it has been agreed; It is not
However, you can arrange for the termination of the period of secondment before the
the expiry of the period for which it was agreed only in favour of the user
h) number and date of the decision, which was issued to the agency work
authorization for employment mediation.
(2) the agreement with the user agencies for temporary assignment of an employee
the Agency's work must be concluded in writing.
§ 309
(1) during the temporary assignment of employees of employment agencies for the performance of
work at the user stores the temporary agency workers work tasks,
organizes, directs and controls his work, giving him instructions to do so,
creates favorable working conditions and ensures the safety and protection of the
health of the user. However, the user may not respect employees
employment agencies act on behalf of the Agency's legal work.
(2) the agency employee assigned to work temporary work with
the user on the basis of written instruction that contains, in particular,
and the name and address of the user),
(b)) instead of the work with users,
(c)) the duration of the secondment,
(d) the determination of the head of the user) authorized to assign
employees work and check it,
(e) the conditions of the unilateral declaration of) their work before
expiration of the period of secondment, if they have been agreed in the agreement on
temporary assignment of employees employment agency [Section 308, paragraph 1 (b), (g))],
(f) information about work and) wage or salary conditions
the comparable employee users.
(3) temporary assignment ends on the expiry of the period for which it has been agreed;
before this period ends with the agreement between the Agency and the work temporarily
assigned to the employee, or by a unilateral declaration of the user
or temporarily assigned employees according to the conditions agreed in the agreement
for temporary assignment of staff of the agency work.
(4) if the agency work, that employee temporarily allocated to
work with users, paid employees of the damage incurred
in the performance of work or in direct connection with the user,
has the right to compensation for such damage against this user, if
the user agrees otherwise.
(5) the Agency's work, and the user shall be obliged to ensure that the working and
wage conditions temporarily assigned employees were not worse than the
or should the conditions of the comparable employee. If you are after a period
the performance of work for the user's working conditions or wage temporarily
assigned employees worse, the agency work shall, at the request
an employee temporarily assigned, or, if this fact
It finds otherwise, even without request, ensuring equal treatment; temporarily
the allocated employee has the right to seek satisfaction for agency work
the rights thus.
(6) the Agency may not work the same employee temporarily allocate to performance
work with the same user for a period of longer than 12 calendar months after the
consecutive. This restriction does not apply in cases of Agency
the work of an employee of an employment agency so requests or if the performance of the work on the
for compensation for that employee on maternity or
parental leave, or an employee of the user that draws
parental leave.
(7) have to be between the user and the temporary agency worker taken
measures to protect the property of the user above, these measures should not be for
the Agency's employees work less favourable than is the case under section 252 to
256.
(8) the scope of temporary agency work can be limited only in the collective
contract concluded with the user.
TITLE VI OF THE
RESTRAINT OF TRADE CLAUSE
§ 310
(1) If a restraint of trade clause, which negotiated an employee
agrees that, after a period of time after the termination of employment, but not later than after
for 1 year, shall refrain from the exercise of gainful employment, which would be the same as the
the subject of activity of the employer or which should be competitive against him
nature, is part of the non-competition undertaking by the employer that
staff will provide the adequate cash compensation, but at least in the amount of
one half of the average monthly salary, for each month of the performance
the commitment. Cash compensation is maturing behind monthly period if
the parties have not agreed on another time of maturity.
(2) a restraint of trade clause the employer may arrange with the employee,
If it is possible from the employee reasonably required having regard to the
the nature of the information, knowledge, knowledge work and technology
practices that earned in employment with the employer, and the use of
in the activities referred to in paragraph 1, the employer could have severe
way to make it harder for its activities.
(3) If a competitive negotiated contractual penalty clause, which is
the employer is obliged to pay, if the breach of obligation,
employee commitment lapses from the non-competition clause by payment of contractual
the fine. The amount of the contractual penalty shall be proportionate to the nature and importance of
the conditions referred to in paragraph 1.
(4) the employer may withdraw from the competition clause only for
duration of employment of the employee.
(5) an employee may terminate a restraint of trade clause, if
employer did not cash settlement or part thereof within 15 days of
his maturity; restraint of trade clause shall cease on the first day of the calendar
the month following the delivery of the notice.
(6) a restraint of trade clause shall be concluded in writing; This applies to
withdrawal from the non-competition clause and for her statement.
§ 311
The provisions of § 310 cannot be used on the pedagogical personnel of schools and
school facilities established by the Ministry of education, youth and
sports, region, community and voluntary Union of municipalities, which
activities are tasks in the field of education, and the teaching staff in the
^ social services 89 devices).
TITLE VII
PERSONAL FILE, A CONFIRMATION OF EMPLOYMENT AND WORK, OPINION
§ 312
(1) the employer is entitled to lead the personal file of the employee. Personal file
can only contain documents which are necessary for the performance of work in the
basic employment relationship referred to in § 3.
(2) the personnel file may be consulted by senior employees who are
Senior employees. The right of access to the personal file has the authority
labour inspection, the Labour Office of the United States, the Office for the protection of personal
the data, the Court, the public prosecutor, the police, the national security
the Office and the intelligence services. For the inspection of the personal file is
does not consider the presentation of individual documents from this employer
the file of the external control authority, which carries out the control for
the employer and the document requested in connection with the
the subject of the checks carried out by the employer.
(3) the employee has the right of access to their personal file, make
observations of him and take copies of the documents contained in it, and it
at the expense of the employer.
section 313
(1) upon termination of employment, the agreement for work or
contracts for work, the employer must give the employee
confirmation of employment and put in it
and employment data) whether it was a contract of employment, the agreement on the
work or an agreement for work and the time of their duration,
(b)) the type of work performed,
c) achieved the qualifications,
d) time worked and other facts relevant to achieving maximum
permissible exposure time,
(e) whether the employee's wages) are deducted, for whose benefit, how to
the high is a claim for which deductions are to be further carried out, what
the amount of the deductions carried out so far, and what is the order of the claim,
f) data on eligible period of employment in the I and II. work category
for the period before 1. January 1993 for the purposes of pension insurance.
(2) data on average earnings, about whether the employment agreement
for work or agreement on work activities were by the employer
undone because of a breach of the obligations arising from legislation
relating to the work performed by an employee of a particularly gross manner
or for breach of other duties of the employee under section 301a separately
gross manner, and about other facts relevant for the assessment of
entitlement to unemployment benefit ^ 90), the employer is obliged to provide
at the request of the employee in a separate confirmation.
Section 314
(1) if so requested by the employee of the employer to issue an opinion on the work
activities (work, opinion), the employer shall, within 15 days
the staff of this opinion to issue; However, the employer is not obliged to issue the
it to him before in the time of 2 months before the end of his employment.
The opinion are all documents relating to the evaluation of the work
the employee, his skills, abilities and other factors which
they have a relationship to work.
(2) other information about employees than those that can be
the work report (paragraph 1 second sentence), the employer is entitled to a
staff administered only with his consent, unless special
legislation provides otherwise.
§ 315
If the employee does not agree with the contents of the confirmation of employment or
the work report, may seek within 3 months from the date on which the
their content, in court, that the employer has been saved
mutatis mutandis, to modify it.
TITLE VIII
PROTECTION OF PROPERTY INTERESTS OF THE EMPLOYER AND THE PROTECTION OF PERSONAL RIGHTS
EMPLOYEE
§ 316
(1) employees shall not without the consent of the employer for its
personal use production and working of the employer's resources, including
computer technology and its telecommunications equipment. Compliance with the prohibition
in the first sentence, the employer is entitled to adequate
command.
(2) the employer shall not, without a serious reason of special
nature of activities the employer to interfere with the privacy of the employee on the
the workplace and in public areas of the employer by
subjected the employee to an open or covert surveillance, interception and
record his phone calls, check e-mail, or
inspection of correspondence addressed to employees.
(3) if the employer is given a compelling reason, in terms of
the special nature of the activity of the employer, which justifies the introduction of the
control mechanisms referred to in paragraph 2, the employer shall directly
inform employees about the extent of control and about how to
implementation.
(4) the employer shall not require the information from an employee
are not immediately related to the performance of work and with the basic
employment relationship referred to in § 3. Shall not require the information
in particular, the
and pregnancy)
(b)) family and financial circumstances,
(c)), sexual orientation,
d) origin,
e) membership in a Trade Union,
f) membership in political parties or movements,
g) membership of a church or religious society,
h) of the criminal law of integrity;
This, with the exception of subparagraphs (c)), d), (e)), f) and (g)), shall not apply if it is
given the substantive reason inherent in the nature of the work to be performed and
If this requirement is appropriate, or in cases where this is provided for this
Act or special legislation. The employer must not
acquire or through third parties.
TITLE IX OF THE
THE SPECIFIC NATURE OF WORK OF CERTAIN EMPLOYEES, THE ELIMINATION OF EMPLOYMENT
RELATIONSHIP AND POSTING TO WORK IN THE TERRITORY OF ANOTHER MEMBER STATE
OF THE EUROPEAN UNION
§ 317
On the labor relations employee who does not work in the workplace
employers, but according to the agreed terms for the exercises
work on the working time determined for himself, by
This law, with the
and) subject to adjustment of working time, downtime, or
interruption of work due to adverse weather conditions,
(b)) other important personal barriers in the work of the Court
pay the wages or salary, unless otherwise provided in the implementing legislation provides otherwise (section
199 paragraph. 2) or in the case of compensation for wages or salary under section 192; for
the purpose of providing compensation for wages or salary under section 192 applies to this
the employee working hours laid down in shifts, that is
for this purpose, the employer shall determine,
(c) it is not for him) wage or salary, or compensatory time off for overtime
or compensatory leave or remuneration or extra pay for work in
holiday.
§ 318
Basic employment relationship referred to in § 3 cannot be between spouses
or partners ^ 51a).
section 319
(1) If an employee of an employer from another Member State of the European
the Union sent to work in the framework of the transnational provision of services ^ 91)
on the territory of the United States, refers to the treatment of the Czech Republic,
with regard to the
and the maximum length) working time and minimum rest periods,
(b)) the minimum length of annual leave entitlement or its proportionate part,
c) minimum wage, the lowest level of guaranteed salary and bonuses
for overtime work,
(d)) the safety and health protection at work,
e) working conditions of pregnant workers, workers who are breastfeeding,
and workers by the end of the ninth month after childbirth and juveniles
employees,
f) equal treatment of men and women and prohibition of
discrimination,
g) working conditions in temporary agency work.
The first sentence shall not apply if the rights arising from the legislation of the
the Member State of the European Union, from which the employee was seconded to the performance
the work in the framework of the transnational provision of services, more convenient for him.
Benefit shall be assessed for each right arising from an employment
the relationship itself.
(2) the provisions of paragraph 1 (b). (b)), and (c)) shall not apply if the period of
the secondment of staff to work in the framework of the transnational provision
services in the Czech Republic shall not exceed a total period of 30 days in a calendar
year. This does not apply if the employee is sent to work in the framework of the
transnational provision of services by the agency work.
TITLE X
PERMISSION OF TRADE UNIONS, EMPLOYERS ' ORGANISATIONS, SUPPORT
RECIPROCAL NEGOTIATIONS OF TRADE UNIONS AND EMPLOYERS ' ORGANISATIONS AND
CHECK IN LABOR RELATIONS
§ 320
(1) the draft laws and proposals of other legislation relating to the
important interests of workers, in particular economic, production,
work, labour, cultural and social conditions are discussed
with the relevant trade unions and relevant organisations
of the employers.
(2) the central administrative authorities that issue detailed labour
provisions, it does so after consultation with the relevant trade union
the Organization and the employers ' organisations.
(3) the competent national authorities negotiated with the trade unions
questions relating to the working and living conditions of workers and
trade unions provide the necessary information.
(4) trade unions acting in the labor relations for
employee State ^ 6) ^ 15 organizations), ^ 92), State
^ 14 funds) and territorial self-governing units ^ 40) have the right, in particular,
and Act and comment) on proposals in matters of conditions
employment of staff and the number of employees,
(b)), to make proposals, to act and to deliver opinions on the draft matters
improving the conditions of work and remuneration.
§ 320a
Costs arising from the activities of trade unions and organizations
employers supporting mutual meetings at national or regional
level that relate to important interests of workers, in particular
economic, production, employment, labour, cultural and social
conditions, the State has paid on the basis of agreement in the Council, the economic and social
the agreement.
§ 321
Trade unions shall ensure compliance with this Act, the Act on
employment, legislation on safety and health at
work and other employment legislation.
§ 322
(1) trade unions have the right to exercise control over the State
safety and health at work for individual employers.
The employer is obliged to Trade Union allow performance inspection and
for this purpose, it
and) ensure the possibility examination of how the employer shall carry out their
the obligation to care for the safety and health protection at work, and whether the
consistently creates the conditions for safe and healthy work
(b) regularly examine the option) to ensure that the workplace and the equipment
employers for the employees and the employers ' management control
personal protective equipment,
(c)) ensure the possibility of checking the employer properly investigating
accidents at work,
d) ensure the possibility to participate in the discovery of the causes of work-related accidents and
occupational diseases, or clarify,
e) allow to attend negotiations on the issues of safety and security
health at work.
(2) the costs incurred by the exercise of control over occupational safety and health
at work, including the cost of training to enhance the qualifications of USSR
work safety inspectors responsible for the performance of this inspection shall be borne by
the State on the basis of agreements with trade unions.
Section 323
Power control in labor relations, by special legal
^ 36 regulations).
the title launched
section 324
Trade unions and employers ' organisations shall be construed as a publicly
benefit of the legal person.
TITLE XII
DEATH OF EMPLOYEE
section 325
cancelled
§ 326
cancelled
§ 327
cancelled
§ 328
the title launched
(1) the Financial rights of the employee's death do not expire. To the amount of
corresponding to three times its average monthly earnings are transferred
wage and salary right out of an employment relationship as referred to in section 3 of the sentence
the second gradually on his spouse, children or parents, if they lived with him in the
the time of death in a common household; the subject of heritage happen,
If not for these people.
(2) the Financial rights of the employer shall cease with the death of the employee, with the
except for the rights, which were finally decided or that was
an employee before his death in writing recognized what the reasons above, and the rights of
for damages caused intentionally.
TITLE XIII
TERMINATION OF THE RIGHT, THE RETURN OF WRONGLY PAID AMOUNTS AND THE EXPIRY OF THE
Section 329
cancelled
section 330
To the right because it was not done within the specified period,
only in the cases referred to in § 39 para. 5, section 57, 58, 59, § 72, §, and § 315
339a para. 1.
§ 331
Repayment of wrongly paid amounts to the employees of the employer may
request, only if the employee knew or ought to have from the circumstances
assume that the amounts incorrectly designed or mistakenly paid, and
within 3 years from the date of payment.
§ 332
cancelled
§ 333
The period shall begin on the first day and ends on the expiry of the last day of the prescribed or
the agreed period; This also applies in the case where the expiry of the period subject to
creation or extinction of the rights.
TITLE XIV
DELIVERY
§ 334
General provisions on the service of the employer
(1) documents relating to the creation, change and termination of employment
or agreements on work performed outside an employment relationship, the appeal of the
the post of the head of important documents relating to
remuneration, which shall be the wage bill (section 113 (4)) or salary
(section 136) and a record of violations of the mode temporarily to work insured
(hereinafter referred to as "the document"), shall be delivered to the employees in their own
the hands.
(2) a document be served on the employer in your own hands on
the workplace, in his apartment or anywhere it will be reached, or
through electronic communications networks or services; If this is not
possible, the employer may effect service through
a postal service.
(3) If an employer cannot deliver the document over the network or
an electronic communications service or through the operator
the postal service, the document shall be deemed to be delivered when
If the employee refuses to accept the document.
(4) if the document is delivered by postal
the service, the employer selects a mail service to a closed
postal contract obligation) resulted ^ 94 delivered mail
containing the document under the terms of this Act.
(5) conditions of service of the document to the lawyer is governed by section 48 of the civil
Code of civil procedure.
§ 335
The service of the employer through a network or service
electronic communications
(1) by means of electronic communications networks or services may
the employer served exclusively if an employee with
in this way the service expressed written consent and provided
employer email address for delivery.
(2) a document delivered via the network or service
electronic communications shall be signed by a recognized electronic
signature ^ 95).
(3) a document delivered via the network or service
electronic communications are delivered on the date when the takeover confirmed
employer data message signed by his recognized
electronic signature ^ 95).
(4) service of a document by electronic networks or services
communication is ineffective, if the document is sent to the email
the address of the employee, the employer has returned as undeliverable or
If an employee within 3 days from the sending of the document confirmed
employer receives a data message signed by his recognized
electronic signature ^ 95).
§ 336
The employer through a postal delivery
services
(1) a document served by the employer through
postal service, the employer shall send to the last
the employee's address, which he is known. The document can be delivered also
to whom an employee to accept a document determine on the basis of the written
the power of attorney with the notarized signature of the employee ^ 96).
(2) service of a document delivered by the employer
postal service must be supported by written record on
delivery.
(3) If an employee has not been, which is to be served
through a postal service, having been reached, the
the document on the premises of a postal service or municipal
the Office. The staff member shall invite written notice "delivery failed"
the document to the saved document is picked up within 10 working days;
at the same time he shall communicate, where, from what date and in what time may
document pick up. In the notification referred to in the second sentence must be an employee
It also advised about the consequences of a refusal to accept the document or
failure to provide the synergy necessary to serve the document.
(4) the employer's obligation to deliver is fulfilled when the document
employee document takes over. If the employee is stored
the document (paragraph 3) or collect within 10 working days, shall be deemed
delivered on the last day of this period; This document is missed
sending employer's returns. If an employee delivery
documents by postal services will prevent the
the fact that mail containing the document refuses to accept or
does not provide the assistance necessary to the service of the document shall be deemed to
the document to be delivered on the date of delivery of the document to disable
has occurred. The employee must be advised of the consequences of rejecting the postman
accept the document; about the lesson written record must be made.
§ 337
Delivery of documents to the employer by the employee
(1) the employee delivers the document to the employer as a rule
personal delivery at the place where the employer. At the request of the employee is
employer must be served by the first sentence in writing
confirm.
(2) if the employer agrees, the employee can deliver
the document specified by the employer through a network or service
electronic communication to the email address which the employer
for this purpose, staff members announced; document addressed to the employer
must be signed by a recognized electronic signature employee ^ 95).
(3) service of a document specified by the employer is satisfied, as soon as it
the employer took over.
(4) the document addressed to employers through a network
or electronic communications service is delivered on the date of its
receipt confirms data message signed by the employer
his recognized electronic signature or its recognised
electronic marker ^ 95).
(5) service of a document specified by the employer through a network or
electronic communications services is ineffective if the document is
sent to the email address of the employer's employees returned as
undeliverable or if the employer within 3 days from dispatch
the document confirmed its receipt of a data message staff
signed by his recognized electronic signature or your
a recognized electronic marker ^ 95).
TITLE XV
TRANSFER OF RIGHTS AND OBLIGATIONS OF LABOR RELATIONS AND TERMINATION OF RIGHTS AND
OBLIGATIONS OF LABOR RELATIONS AND TRANSITION THE PERFORMANCE OF RIGHTS AND OBLIGATIONS
OF LABOR RELATIONS
Part 1
Transfer of rights and obligations of labor relations and termination of rights and
obligations of labor relations, if the employer is a natural
person
§ 338
(1) the transfer of rights and obligations arising from employment relations can occur
only in cases specified by law or special legal
provision.
(2) where a transfer of activities the employer or part of the activity
the employer or to the transfer of tasks to the part of their
other employers, the rights and obligations of employment
relationship in full to the employer; the rights and
obligations of the collective agreement are transferred to the successor
the employer for the period of effectiveness of a collective agreement, up to
the end of the following calendar year.
(3) for tasks or activities the employer for this purpose shall be deemed to
in particular the tasks related to ensuring the production or provision of services
and similar activities under special legislation that legal
or natural person performs in dedicated facilities for these activities or
on the usual places for their performance under his own name and on its own
liability. For the employer, regardless of the legal
the reason for the conversion, and whether there is a transfer of ownership,
considers the legal or natural person that is eligible as a
the employer shall continue to carry out the tasks or activities of the earlier
the employer or in the activity of the like kind.
(4) the rights and obligations of the current employer to employees,
the labor relations to the date of transfer, remain
unaffected, unless a special law stipulate otherwise ^ 21a).
§ 339
(1) before the date of entry into force of the transfer of rights and obligations of
labor relations to another employer are present
the employer and the employer obliged to accepting in good time
advance, no later than 30 days before the rights and obligations to another
inform the employer, the Trade Union and the Works Council of the
This fact, and to discuss with them in order to reach a consensus
and or proposed date) set conversion
(b) the reasons for the transfer)
(c)) the legal, economic and social implications of the transfer for the employees,
d) prepared measures in relation to employees.
(2) if the employer or the trade union organization, the Council
employees, and the receiving employer must advance
inform employees, who will be directly affected by the transfer, on
the facts referred to in paragraph 1 no later than 30 days before the date of
effective date of transfer of rights and obligations to another employer.
§ 339a
(1) if the notice of termination the employee made within 2 months from the date of acquisition
the effectiveness of the transfer of rights and obligations of labor relations or
the effective date of the transition exercise of the rights and obligations of labor
relations, or where the employee's contract of employment terminated in the same time period
the agreement, an employee may seek a court declaration that the termination of the
the employment relationship occurred because of a substantial deterioration in working
terms and conditions in connection with the transition of the rights and obligations of labor
relations or the transition exercise of the rights and obligations of labor
relationships.
(2) if the termination of employment for reasons referred to in
paragraph 1, the employee is entitled to severance pay (section 67, paragraph 1).
§ 340
The provisions of § 338 and 339 refer to cases where the transfer of activities
the employer or the employer or the transfer of tasks
the employer or part thereof to another employer decided
superior authority (§ 347 (2)).
§ 341
(1) upon termination of the employer takes over from the Division of the earlier
employer rights and responsibilities under the labor relations
employers, who picked up instead. The provisions of § 338 of paragraph 1. 2
part of the sentence after the semicolon shall apply mutatis mutandis.
(2) if the employer is deleted, shall designate the authority which the employer
repealed, that the employer is obliged to satisfy employees ' rights
discontinuing the employer, where appropriate, to apply its claims. If done
When you cancel the employer disposal, proceed as
special legal regulation ^ 97).
(3) If, under section 338 to transfer employer, for which the management
scope in carrying out tasks performs the superior authority (§ 347 (2)),
expiration of the period or the achievement of the purpose for which it was established, determines the
authority to which the employer shall pass its rights and obligations
labor relations.
§ 342
(1) the death of the natural person who is the employer, the essential
employment relationship (section 48 (4)); This does not apply when a continuation
in the trades. If the beneficiary does not intend to in the trades in accordance with § 13 para. 1
(a). b), c) and (e)) the Trade Licensing Act, or continue the provision of
health services under the health services continue
basic employment relationship the mere lapse of the time limit of 3 months
from the date of the death of the employer.
(2) Regional Branch Office of the relevant competent according to the place of work
activities the employer referred to in paragraph 1 shall be issued a staff member whose
employment relationship or agreement on work activity ceases, at his request,
confirmation of employment, on the basis of documents submitted by the
by the employee.
Part 2
The transition exercise of the rights and obligations of labor relations
§ 343
(1) if provided for in special legislation, that of the State in ^ 7)
terminates by merging or by merging with another organizational State
transferred the exercise of the rights and obligations of employment relations in the full
the range of the receiving State organizational unit.
(2) if provided for in special legislation, that of the State
terminates the Division transferred the exercise of the rights and obligations of labor
relations to the business folder of the newly established State. Specific legal
Regulation provides that from the newly born State organisational units
takes over from the existing organizational units of the State to exercise the rights and obligations of
labor relations, to the date of the Division ceased to exist.
(3) if provided for in special legislation, that of the State,
be established for a certain period of time, this regulation also lays down that
State organizational unit transferred the exercise of the rights and obligations of the
labor relations at the demise of State departments
This period of time. Termination of the business of the State, established in accordance with decision
governing body on the expiry of that period for some time, the exercise of the rights and
obligations of labor relations, if the founder
decided that those rights and obligations to perform other business
the State established.
§ 344
(1) establishes a special legal regulation that is part of the organizational folder
State ^ 7) converts to other organizational units of the State, the exercise of the rights
and obligations of labor relations on the part of the
organizational units of the State to the receiving State organizational unit.
Converts to a decision by the governing body in relation to the change
the provisioning of the Charter part of organizational units of the State to another business
folder, transferred the exercise of the rights and obligations of labor
relations on the part of the organizational units of the State on the receiving
State organizational unit. The provisions of § 338 of paragraph 1. Part 2
a semicolon shall apply mutatis mutandis.
(2) the rights and obligations of those labor relations to employees
part of the organizational units of the State transferred in accordance with paragraph 1, that the date of
transfer, the existing organizational unit shall be exercised by the State.
§ 345
(1) if provided for in special legislation, that of the State in ^ 7)
is lifted, this regulation also lays down that State organizational unit
transferred the exercise of the rights and obligations of labor relations of employees
repealed by the organizational units of the State and that of the State in ^ 7)
will satisfy the demands of the employees of the cancelled business folder ^ 7) State,
claims against the applicable to these employees.
(2) If, according to the decision of the founder of the
State ^ 7), transferred the exercise of the rights and obligations of labor relations of
the canceled business folder State ^ 7), if the founder
decided that those rights and obligations to perform other business
the State of ^ 7), established by him.
§ 345a
The provisions of § 339 and 339a shall apply mutatis mutandis.
TITLE XVI
THE SPECIAL ARRANGEMENTS FOR THE EMPLOYMENT OF EMPLOYEES WITH REGULAR WORKPLACE
ABROAD
§ 346
The Government may by regulation provide for derogation of employment
employees with regular workplace abroad, including permissions
employers ' and employees ' obligations as regards
and the possibility of repeated renewal) of employment for a definite period in the
abroad, including the ability to negotiate the duration of employment for
for a definite period of posting also to work abroad,
(b))
1. diversion of working time abroad, even in relation to the
days of rest (section 91),
2. restrictions on the movement of staff within the headquarters for security reasons
the employer abroad.
TITLE XVII
SOME OF THE PROVISIONS ON OBLIGATIONS AND THE INTERPRETATION OF CERTAIN CONCEPTS
§ 346a
cancelled
section 346b regulating ball
(1) the employer shall not employees for violation of the obligations arising
his basic employment relationship store cash penalties or
require from him; It does not apply to damage, for which the employee
corresponds to.
(2) the employer shall transfer the risk from dependent employment to
employee.
(3) the employer shall not from an employee in connection with the performance of dependent
the work may require financial security.
(4) the employer of the employee shall not in any way affect or
disadvantage because they are legally seeking their rights
arising from employment relations.
§ 346c
An employee cannot waive the requirement of the employer to provide the
wages, salaries, remuneration from the agreement and their compensation, severance pay, remuneration for the
work readiness and reimbursement of expenses pertaining to employees in
connection with the performance of the work.
§ 346d
(1) a lien is not possible to ensure the debt from the basic
employment relationship, that has employees to
employers in the future. The lien is not possible to set up to
the things to which the employees of a right of ownership in the future.
(2) the employer or employee shall not withhold the movable thing second
the Contracting Parties to ensure the debt arising from the basic
employment relationship.
(3) the employee or the employer is not able to commit itself to the conclusion of the
contract with a third party, to be the content of the rights and obligations of
the employee or the employer.
(4) the claim from the employment relationship, which has
the employee against the employer or the employer to an employee,
It is not possible to refer to another. An employment contract or agreement on the work
held outside the employment relationship cannot be transferred.
(5) debt, which is the employee against the employer or the employer
to employees, may not take another person.
(6) employees shall not commit to fulfilling the obligation to jointly and
severally liable.
(7) contractual penalty may be negotiated, only if provided for in this Act.
§ 346e
If it deviates from the party of the adjustment referred to in section 346b regulating up to 346d,
disregard it.
§ 347
(1) Threats of occupational diseases means such changes in health
the State, incurred in the performance of work by the adverse conditions under
which arise from the occupational disease ^ 98), but do not reach such a degree
damage to health that can be assessed as an occupational disease,
and other performance of the work under the same conditions, led to a disease of the
the profession. Medical report about the risk of occupational disease issued by
provider of health services appropriate to release a medical report about the
occupational disease ^ 99). The Government may establish by regulation, which changes
the State of health are threats of occupational diseases, and the conditions under
What are recognised.
(2) the Supervisor authority, for the purposes of this Act, means the authority
that is according to the specific legislation is entitled to exercise against the
employers control the scope in carrying out its tasks.
(3) for employees who are exposed at work adverse effects
ionizing radiation, for the purposes of section 215 paragraph. 2 (a). (c)) shall be deemed to
exposed workers of category A in accordance with the Decree on the radiation protection ^ 99a).
(4) for the purposes of this Act, quarantine also includes isolation ^ 99b)
emergency measures when the epidemic and the danger of its establishment under the Act
for the protection of public health and amending certain related laws,
in the case of the prohibition or restriction of contact groups of individuals suspected of
infection with other individuals and to ban or regulation for more
certain activities to disposal of epidemic or risk of the emergence of ^ 99 c),
If such prohibitions, restrictions or regulation of the employees in the performance of
work.
(5) for the purposes of this Act, means the community of natural household
persons permanently living together and sharing the cost of the her together
needs.
§ 348
(1) for the performance of the work shall be considered the period
and when an employee does not work) for barriers to work, with the exception of the period of
work is provided at the request of the employee, if in advance
agreed its napracování, and the period during which work was discontinued for
adverse weather conditions,
(b)) vacation,
(c) when an employee chooses) compensatory time off for overtime work or for
work on public holidays,
d) when an employee is not working because it is a holiday, for which he is entitled
wage compensation, where appropriate, for which his wages or salary do not truncate.
(2) the provisions of paragraph 1 and paragraph 2 of section 216. 2 and 3 shall not apply for the purposes of
rights to wages or salary and rewards from the agreement or compensation for expenses in the
connection with the performance of the work.
(3) whether it is an improper zameškání of work determined by the employer after
consultation with the trade unions.
§ 349
(1) the legal and other provisions to ensure the safety and protection of health
at work are provisions for the protection of life and health, hygiene provisions,
and protiepidemické, technical rules, technical documents, and technical
standards, building regulations, traffic regulations, regulations on fire protection
and the provisions on the treatment of combustibles, explosives, weapons,
radioactive substances, chemical substances and chemical preparations and
other substances harmful to health when regulating questions relating to the
the protection of life and health.
(2) the guidelines to ensure the safety and health at work are
specific instructions for the heads of employees who are
Senior.
(3) the provisions on the working place for the purposes of section 113 para. 2 and § 122 para.
2 means in relation to the negotiation of a contract of employment or employer
the appointment.
§ 350
(1) the solitary means unmarried, widowed or divorced women,
single, widowed or divorced men and lonely women and men from other
serious reasons to do with the kind of mate or, where appropriate, with
partner ^ 51a).
(2) young employees are employees younger than 18 years of age.
§ 350a
A week ago, for the purposes of this Act means 7 consecutive
calendar days.
TITLE XVIII
AVERAGE EARNINGS
Part 1
General provisions
Section 351
It is to be in the basic labor relations referred to in § 3 used
average earnings, must be followed when its findings only in accordance with this
head.
§ 352
The average earnings of the employee means an average gross earnings,
unless otherwise provided by labour legislation provide otherwise.
section 353
(1) the average wage from the employer finds the gross wage or salary
cleared for payment of employees during the relevant period and hours worked
during the relevant period.
(2) for the time worked shall be deemed the time employees
It is for wages or salary.
(3) if there is a settlement of wages or salary for overtime work (section 114 para.
2 and § 127 paragraph. 2) in another relevant period other than that in which the
the work performed shall be included in working time pursuant to paragraph 2
also, overtime, for which the wages or salary.
Part 2
The vesting period
§ 354
(1) unless this Act provides otherwise, it is a decisive period
the previous calendar quarter.
(2) the average wage is determined on the first day of the calendar month
following the decisive period.
(3) the creation of employment in the course of the preceding calendar quarter
It is a decisive period of time since the inception of the employment to the end of the calendar
quarter.
(4) the application of working time accounts (§§ 86 and 87) is a decisive period
the previous 12 consecutive calendar months prior to the start
smoothing period (article 86, paragraph 3).
Part 3
Likely earnings
§ 355
(1) If an employee has already worked during the relevant period at least 21
days, the likely earnings.
(2) the likely earnings employer finds the gross wage or salary,
that employee has reached since the beginning of the relevant period, where appropriate, of
the gross wage or salary that would be achieved; in doing so, shall take into account
in particular, the usual amount of individual components of the wage or salary of the employee
or to the wages or salaries of workers engaged in the same work or
work of equal value.
Part 4
Forms of average earnings
section 356
(1) the average wage is determined as the average hourly earnings.
(2) is to be applied is the average gross monthly earnings, the
average hourly earnings for 1 month as the average number of working
hours per month in the average year; the average for this year
purpose has 365.25 days. Average hourly earnings of the employee multiplied by the
the weekly working time of the employee and a coefficient of 4.348, which
It expresses the average number of weeks per month in the average
year.
(3) if it is to be found the average monthly net earnings, finds this to be a
the earnings of average monthly gross earnings by deducting the premiums on
retirement savings, social security and a contribution to
State employment policy ^ 100), insurance premiums for general health
^ insurance 101) and advance on income tax of individuals from dependent
activities ^ 102), calculated in accordance with the conditions and rates applicable to the
employee of the month in which the average monthly net earnings
detecting.
Part 5
Common provisions on average earnings
§ 357
(1) where a is the average employee earnings lower than the minimum wage
(section 111), to which the employee is entitled in a calendar month, in
where there's a need to apply the average earnings increases the average
earnings in the amount equivalent to the minimum wage; This also applies when the
the application of the likely earnings (§ 355).
(2) for each employee, for which a contract of employment has changed due to
occupational diseases or threats in order to achieve the maximum permitted
exposure and in which the occupational disease was detected only after this change, the
in the calculation of compensation is based on loss of earnings of average earnings
the observed for the last time before the change of the employment contract, if it is for
employee a more advantageous.
§ 358
If an employee is accounted for in the period to pay the wage
or salary, or part thereof, that is provided over a longer period, than
is the calendar quarter shall be determined, for the purposes of determining average earnings
the relative part per calendar quarter; the remainder of the
(part of) the wages or salary is included in the gross wage or salary on
determining average earnings in the next period (further ahead). The number of
the additional period shall be determined by the total time for which the wage or salary
provides. In the gross wage or salary for the purposes of determining average
earnings in the period shall include the proportion of wages or salary under the
the first sentence corresponding to the time worked.
§ 359
In cases where, under the legislation used in connection with
damages the average earnings for pupils or students or for physical
people with disabilities ^ 103), who are not employed and whose
preparation for the profession (activities) shall be carried out under special laws
legislation, it is above average earnings in accordance with § 357.
§ 360
cancelled
§ 361
Determining average earnings of employees working on the basis of agreements on
work performed outside an employment relationship shall be governed by this Act. If
negotiated lump sum maturity rewards from the agreement to the implementation of all
the work of the task, it is a decisive period (article 354, paragraph 1) the whole time
that it took to perform the agreed work task.
§ 362
(1) for a wage or salary for the purposes of determining average earnings shall be deemed to
and remuneration of the agreement, the remuneration or other income provided to employees for
work in his employment in a different relationship than in the
employment relationship referred to in § 3, the second sentence, subject to specific
the law provides otherwise.
(2) if the employee Performs work for the same employer in more
basic labor relations referred to in § 3 or more
employment relationships, assesses the wage, salary or remuneration in each
basic employment relationship referred to in § 3 or work relationship,
separately.
TITLE XIX
THE PROVISIONS GOVERNING IMPLEMENTING REGULATIONS OF THE EUROPEAN UNION
§ 363
The provisions, which incorporated provisions of the European Union, are
the heading of title IV of part one, article 16 paragraph 2. 2 and 3, § 30 paragraph 2. 2, § 37
paragraph. 1 to 4, § 39 para. 2 to 6, § 40 paragraph 2. 3, § 41 para. 1 in the home
under the provisions of subparagraph (c)), and (d)), f) and (g)), § 47, consisting in words
"If the employee takes after the end of maternity leave or
the employee after the end of parental leave in the range of time that
the employee is entitled to take maternity leave, to work is
the employer shall be obliged to include them on their original work and workplace "
§ 51a, § 53 para. 1 consisting of the words "it shall be prohibited to give employees
notice of termination "and (b). (d)), section 54 (b). (b)), in the words of "it does not apply in
the case of a pregnant employee, that on maternity
holiday, at a time when employees take parental leave until
After that a woman is entitled to take maternity leave, "§ 54 (b). (c))
consisting of the words "it's not about an employee on maternity leave or
the employee at the time of parental leave to the period for which it is
woman is entitled to take maternity leave, "§ 54 (b). (d)), "about a pregnant
a female employee maternity leave, a female employee, drawing on or about
employee or employees who take parental leave ",
section 62 to 64, § 78 para. 1 (b). a) to (f)), j), k) and (m)) of
the words "average weekly working time may not exceed a specified
weekly working time ", in the words" for a period of up to 26 weeks in a row
consecutive "in the sentence" only a collective agreement can define this period
a maximum of 52 consecutive weeks. "§ 79 paragraph 2. 1, § 79a, § 85 para.
4, consisting of the word "average weekly working time filled in
the adjustment period designated by the employer, but no longer than the period
referred to in § 78 para. 1 (b). m) "§ 86 para. 3 and 4, § 88 para. 1 and 2,
§ 90, 90a, § 92 para. 1, 3 and 4, section 93 para. 2 the second sentence and paragraph. 4, §
93A paragraph 1. 1 to 3 and odst. 5, § 94, § 96 para. 1 (b). a) points 1 and 3 and
paragraph. 2, § 101, 102, 103 para. § 1 (b). a) to (h)), j and k)) until the end of
paragraph 1, paragraph 2. 2 to 5, § 104, § 105 para. 1 consisting of the words
"The employer for which the occupational accident occurred, is obliged to clarify
the causes and circumstances of this accident ". 3 (b). a), 4 and 7, §
paragraph 106. 1 to 4 (b). and), c), (d)), f) and (g)), § 108 paragraph. 2, 3, 6 and 7, §
paragraph 110. 1, § 113 paragraph. 4, § 136 paragraph. 2, section 191 of the words
"The employer is obliged to apologize to the absence of the employee at work after
for the care of a child younger than 10 years or another Member of the household
in cases under section 39 and the Act on sickness insurance for care
a child younger than 10 years old, for the reasons set out in section 39 of the law on sickness
insurance, or because of, where the natural person who, otherwise, for the child
cares, underwent examinations or treatment at the health provider
services that could not be secured outside working hours for the employee, and
Therefore, it cannot take care of the child ", section 195, 196, § 197 paragraph. 3 of
the words "parental leave referred to in paragraph 1 shall be taken from the date of receipt
the child until the day on which the child reaches the age of 3 years ", in the words of
"parental responsibility", § 197 paragraph. 3 second and third sentence, § 198
paragraph. 1 to 4, as regards parental leave, § 199 para. 1, § 203
paragraph. 2 (a). and section 213), para. 1, § 217 paragraph. 4 as regards parental
holiday, section 218 paragraph. 1, § 222 para. 2, § 229 paragraph. 1 of
the words "professional practice shall be deemed performance of the work for which it is for the
staff wages or salary ", section 238 paragraph 1. 1 and 2, § 239, § 240 paragraph. 1, §
paragraph 241. 1 and 2, § 245 paragraph. 1, § 246 para. 2 first sentence, § 269 to 271,
§ 276 paragraph 1. 1 the first sentence and paragraph. 2 to 6 and 8, § 277 of
the words "the employer is obliged to create representatives at their own expense
employees of the conditions for the proper performance of their activities, "§ 278 paragraph. 1 to
3, para. 4 second and third sentence, § 279 paragraph 2. 1 (b). a), b), e) to (h)), and
paragraph. 3, § 280 para. 1 (b). a) to (f)), § 281 para. 5, § 288 to 299, §
paragraph 308. 1 in the introductory part of the provisions of subparagraph (b)), and § 309 para. 4 and 5,
§ 316 paragraph. 4 consisting of the words "the employer shall not require
employee information in particular about "and (b). and), c), (d)), e), (g) and (h))), and
in the words "shall not apply if it is determined by the factual reason for resting
in the nature of the work to be performed, and if this requirement
a reasonable ", section 319, § 338 of paragraph 1. 2 and 3, § 339 paragraph 2. 1 in the introductory part of
the provisions of § 339 paragraph 2. 2, 339a, 340, 345a, section 346b regulating para. 4 and § 350
paragraph. 2.
PART OF THE FOURTEENTH
TRANSITIONAL AND FINAL PROVISIONS
TITLE I OF THE
TRANSITIONAL PROVISIONS
§ 364
(1) under this Act also governs labour relations incurred prior to the
1 January 2007, unless this Act provides otherwise.
(2) according to the existing legislation is governed by the legal acts
the creation, modification, and termination of employment, the agreement on the implementation of the work
or contracts for work, as well as other legal acts
1. in January 2007, even though their legal effects occur after this
the date.
(3) the working conditions established under existing legislation choice
or appointment shall be considered as employment-based staging
the Treaty; This does not apply in the case of employment
and the head of the organizational units of the State) ^ 7),
(b)) the head of an official and the head of the Office of the ^ 104),
(c)) the head of the business unit organizational units of the State ^ 7),
(d) the Director of the State Enterprise) ^ 13),
(e)) the head of the business unit of the State Enterprise ^ 13),
(f)) the head of the State Fund if it is headed by an individual
authority ^ 14)
g) head of the subsidized organizations ^ 15),
h) head of the organizational units of subsidized organizations ^ 15),
even the Director of the establishment of a legal person) ^ 4) and
j) when is the appointment regulated by specific legislation.
(4) claims arising from an accident at work which occurred before 1 January 2003. January 1993 or from
occupational disease, which was detected before 1. in January 1993, to reimbursement of the
damages, which were finally decided or has been closed
Agreement, or if the compensation is provided to the satisfaction of the
not covered by legal insurance of employer's liability for damage
When an industrial accident or occupational disease pursuant to Act No. 65/1965 Coll.,
the labour code, as amended, or the compulsory Contracting
insurance under special legislation, are governed by existing
the legislation, if it is not in this act otherwise provided below.
(5) claims arising from an accident at work which occurred before 1 January 2003. in January 1993, or
from an occupational disease, which was detected before 1. in January 1993, on the
damages, which were finally decided or was
agreement has been concluded or if the compensation is provided, which
the obligation to satisfy the claim of the State prior to the date of acquisition
the effectiveness of legislation, accident insurance, is governed by the
the existing legislation.
(6) claims arising from an accident at work which occurred before 1 January 2003. in January 1993, or
from an occupational disease, which was detected before 1. in January 1993, on the
damages, which were finally decided or was
agreement has been concluded or if the compensation is provided on the
meeting not covered by statutory liability insurance
the employer for the damage in an industrial accident or occupational disease
pursuant to Act No. 65/1965 Coll., the labour code, as amended by law no 231/1992
Coll., or mandatory contractual insurance under special legislation
If you cancel the employer has the obligation to satisfy these claims
the employer intended to the authority which the employer has cancelled.
If when you cancel the employer into liquidation, has this
the obligation under the first sentence of the authority conducting the liquidation, or State.
Part 1
Liability insurance and specific provisions on the obligation to compensate
damage and non-material damage
the title launched
§ 365
(1) from the date of entry into force of this Act until the date of entry into force of other
the legal regulation of employer's liability insurance, occupational
or occupational disease shall be governed by statutory liability insurance
the employer for the damage in an industrial accident or occupational disease
the provisions of section 205d of Act No. 65/1965 Coll., the labour code, as amended by
Act No. 229/1992 Coll., Act No. 74/1994 Coll. and Act No. 220/2000 Coll.
Decree No. 123/1993 Coll., laying down the conditions and rates of legal
employer's liability insurance for damage or occupational
occupational disease, as amended by Decree No 43/1995 Coll., Decree No.
98/1996 Coll., Decree No. 74/2000 Coll., Act No. 483/2001 Coll. and act
No 365/2010 Coll., and Act No. 182/2014 Sb.
(2) the cost of administrative overhead for insurance in the legal liability insurance
the employer for the damage in an industrial accident or occupational disease shall be
4% of the total premium paid by employers
in a given calendar year.
the title launched
§ 366
cancelled
§ 367
cancelled
§ 368
cancelled
the title launched
§ 369
cancelled
§ 370
cancelled
§ 371
cancelled
section 372
cancelled
§ 373
cancelled
§ 374
cancelled
the title launched
§ 375
cancelled
§ 376
cancelled
§ 377
cancelled
§ 378
cancelled
section 379
cancelled
the title launched
§ 380
cancelled
§ 381
cancelled
section 382
cancelled
§ 383
cancelled
section 384
cancelled
section 385
cancelled
§ 386
cancelled
§ 387
cancelled
§ 388
cancelled
section 389
cancelled
§ 390
cancelled
§ 391
(1) pupils of secondary schools, conservatories and schools with the law of the State
language exams or students of higher professional schools correspond to the legal
the person exercising the activity of the school or the educational establishment or
natural or legal person whose workplace is carried out
practical training, for the damage which it caused the theoretical or
practical teaching or in direct connection with him. If the damage
occurred in education outside the classroom in a school or in direct
connection with her pupils or students for the loss of the legal
the person exercising the activity of this educational establishment. The students of the high
schools correspond to the high school for the damage you have caused her to study
or practice in a study program at college or in
direct connection with them. If the damage occurred in the study or practice of
or in direct connection with the other legal entities or physical
person, correspond to the students of the natural or legal person for which the
study or practice were made.
(2) for the damage sustained by the pupils of primary schools and basic
art schools in education or in direct connection with him, corresponds to the
legal person performing the activities of the school; in education outside the
teaching in a school or in direct connection with it corresponds to the
for any damage legal person performing the activities of the school
device.
(3) the relevant legal person exercising the activity corresponds to the school pupils
secondary schools, colleges and language schools with the State language law
the test and the students of higher vocational schools for the damage that they suffered
violation of legal obligations or injury during the theoretical and practical
teaching in the school or in direct connection with it. If there has been to the detriment of
in the practical teaching in the legal or natural person or in direct
connection with it, is liable for damage legal or natural person, in
where the practical training takes place. If there has been any damage in education
outside the classroom in a school or in direct connection with her,
responsible legal person performing the activities of the school
device. If he pursues the activities of the school or school facility business
the State or a part thereof, is liable for damages on behalf of the State
the branch of the State.
(4) the appropriate high school corresponds to university students for damage,
that they suffered a violation of legal obligations or injury during the study
or practice in a study program at college or in
direct connection with them. If the damage occurred in the study or practice of
or in direct connection with the other legal entities or physical
of the person corresponds to the legal or natural person, in which the study or
practice were made.
(5) the relevant legal person exercising the activity of school facilities
corresponds to the person with the orphanage or stored
protective care and natural persons in preventive educational care for
the damage that they suffered a violation of legal obligations or injury when
the implementation of this activity, or in direct connection with her.
Section 392
(1) natural persons acting as public functions and the officials of the Trade Union
the organization is responsible for the damage caused in the performance of functions or in direct
connection with the one for whom they were činni; natural persons and officials
are liable for damage, for whom they were činni.
(2) persons with disabilities who are not in employment and
the preparation for future occupations shall be carried out according to the specific
regulations, shall be liable for damage resulting from an accident at work, or diseases
This occupational preparation because the preparation for the profession
performs.
§ 393
(1) the right to compensation for damages resulting from an accident at work to the members of the
units of the Corps of the voluntary fire brigade of the village and mine rescue,
who sustains an accident in the activities in these wards. In these cases, they
corresponds to the one in which the choir was established.
(2) the right to damages resulting from accidents at work are physical persons,
challenge administrative agencies or local government unit or
Officer, and according to his instructions, or with his knowledge to personally
assist in action against emergencies or when you are troubleshooting
the consequences and suffer injury during these activities. For the loss suffered
This injury corresponds to them administrative authority or municipality, if the specific legal
Regulation provides otherwise.
(3) the right to compensation for damages resulting from accidents at work are physical persons,
you voluntarily within the territorial Government organized
assistants in the performance of important tasks in the interest of the company, for example,
natural persons who temporarily when to rebuild our communities and assistants to suffer
in these activities. For the loss suffered this injury corresponds to them
the one who worked at the time of this accident.
(4) the right to compensation for damages resulting from an accident at work to the members of the
cooperatives, who sustains an accident in the performance of functions, or when the agreed
activities for cooperative health care workers of the Red Cross, donors when taking
blood, members of the mountain rescue service, as well as the natural persons on her challenge
and according to its instructions to personally assist in rescue action in the field,
natural persons who voluntarily exercise care
social security, and physical persons who have been entrusted with
the employer a certain functions or activities, if you have suffered an accident in the
carrying out the tasks related to the exercise of the functions or activities. For
the loss suffered by the accident that corresponds to them, who were at the time
This accident.
Part 2
The use of the provisions on the reimbursement of wages, salary or remuneration from the agreement on
work for temporary incapacity (quarantined) and
some other provisions of the
§ 393a
(1) the provisions of § 57, section 66 paragraph 1. 1 and the second sentence of § 192 to 194 shall apply
for the first time after the date on which it takes effect, the law No. 187/2006 Coll., on
sickness insurance.
(2) if the temporary incapacity for work if he or she ordered
quarantine before the date on which it takes effect, the law No. 187/2006 Coll.
on health insurance, pay the wages, salary or remuneration from the agreement on
work activities pursuant to § 192 to 194 for the duration of this temporary work
incapacity or quarantine.
Part 3
Application of implementing legislation
§ 394
Until the issue of the implementing legislation for the implementation of § 104 paragraph. 6,
§ 105 para. 7, § 137 para. 3, § 189 para. 6, § 238 paragraph 1. 2 and section 246
paragraph. 2 and 4 shall follow the
and to) Government Regulation No 495/2001 Coll., laying down the scope and more
conditions for the provision of personal protective equipment, cleaning,
detergents and disinfectants,
(b)) Government Regulation No. 447/2000 Coll., on how to regulate the amount of
money spent on salaries and remuneration for stand-by duty
employees paid under the Act on salaries and remuneration for work
stand-by in budgetary and certain other organizations and
the institutions,
c) Government Decree No. 494/2001 Coll., laying down the method of registration,
reports and sending a record of injury, accident and record the pattern range of
institutions, which marks the work accident and sends a record of accident,
(d)) Government Regulation No. 469/2002 Coll., laying down a catalogue of works and
qualifications and amending government regulation of pay
the proportions of employees in public services and administration, as
amended,
e) of Decree-Law No 289/2002 Coll., laying down the scope and
the provision of data in the information system on wages, as amended by regulation
Government no 514/2004 Coll.
(f)) Government Regulation No. 62/1994 Coll. on compensation of certain expenses
employees of budgetary and contributory organizations with regular
workplace abroad, as amended,
g) Decree No. 288/2003 Coll., laying down the work and workplaces
that are prohibited for pregnant women, lactating women, mothers until the end of
the ninth month after childbirth and youth, and the conditions under which they may
juveniles may exceptionally do such work because of the training.
TITLE II
FINAL PROVISIONS
section 395
Shall be repealed:
1. Act No. 65/1965 Coll., the labour code,
2. Act No. 153/1969 Coll., amending and supplementing the labour code,
3. Act No. 72/1982 Coll., amending and supplementing the labour code section 105
work,
4. Act No. 111/1984 Coll., on the extension of the base amount of holiday
leave, and the addition of section 5 of the labour code,
5. Act No. 22/1985 Coll., amending and supplementing the section 92 and 105 of the code
work,
6. Act No. 52/1987 Coll., amending and supplementing certain provisions of the
the labour code,
7. Act No. 229/1992 Coll., amending and supplementing the labour code and
the law on employment,
8. Act No. 74/1994 Coll., amending and supplementing the Labour Code No.
65/1965 Coll., as amended, and some other laws,
9. Act No. 219/1995 Coll., amending Act No. 74/1994 Coll.
are changing and supplementing the Labour Code No. 65/1965 Coll., as amended
regulations, and some other laws,
10. Act No. 1/1992 Coll. on wages, remuneration for work stand-by and about
average earnings,
11. Act No. 119/1992 Coll., on travel compensation,
12. Act No. 44/1994 Coll., amending and supplementing Act No. 124/1992
Coll., on travel compensation,
13. Act No. 125/1998 Coll., amending and supplementing Act No. 124/1992
Coll., on travel compensation, as amended by Act No. 44/1994 Coll.
14. Act No. 36/2000 Coll., amending Act No. 119/1992 Coll., on the
travel allowance, as amended,
15. Act No. 483/2001 Coll., on working time and rest time of employees
with unevenly scheduled working time in the transport sector,
16. Government Regulation No. 108/1994 Coll., implementing the labour code and
some other laws,
17. Government Regulation No. 461/2000 Coll., amending Decree-Law No.
108/1994 Coll., implementing the labour code and some other laws,
18. Government Regulation No. 344/2004 Coll., amending Decree-Law No.
108/1994 Coll., implementing the labour code and some other laws,
as amended by Decree-Law No 461/2000 Coll.
19. Government Regulation No. 516/2004 Coll., amending Decree-Law No.
108/1994 Coll., implementing the labour code and some other laws,
as amended,
20. Government Regulation No. 256/1992 Coll., on conditions for the granting and amount of
extra charge for carrying out activities in difficult and health
harmful working conditions,
21. Government Regulation No. 77/1994 Coll., which amends and supplements the regulation
the Government of the Czech Republic No. 252/1992 Coll., on conditions for providing and
the amount of the special premium for carrying out activities in difficult and health
harmful working conditions,
22. Government Regulation No. 333/1993 Coll., on the establishment of minimum wage
rates and wage benefits for work in difficult and harmful
the work environment and work at night,
23. Government Regulation No. 308/1995 Coll., amending Decree-Law No.
333/1993 Coll., on the fixing of minimum wage rates and wage
benefits for work in difficult and harmful work environment
and work at night,
24. Government Regulation No. 356/1997 Coll., amending Decree-Law No.
333/1993 Coll., on the fixing of minimum wage rates and wage
benefits for work in difficult and harmful work environment
and work at night, as amended by regulation of the Government No. 308/1995 Coll.
25. Government Regulation No. 318/1998 Coll., amending Decree-Law No.
333/1993 Coll., on the fixing of minimum wage rates and wage
benefits for work in difficult and harmful work environment
and work at night, as amended,
26. Government Regulation No. 132/1999 Coll., amending Decree-Law No.
333/1993 Coll., on the fixing of minimum wage rates and wage
benefits for work in difficult and harmful work environment
and work at night, as amended,
27. Government Regulation No. 309/1999 Coll., amending Decree-Law No.
333/1993 Coll., on the fixing of minimum wage rates and wage
benefits for work in difficult and harmful work environment
and work at night, as amended,
28. Decree-Law No. 163/2000 Coll., amending Decree-Law No.
333/1993 Coll., on the fixing of minimum wage rates and wage
benefits for work in difficult and harmful work environment
and work at night, as amended,
29. Government Regulation No. 433/2000 Coll., amending Decree-Law No.
333/1993 Coll., on the fixing of minimum wage rates and wage
benefits for work in difficult and harmful work environment
and work at night, as amended,
30. Government Regulation No. 437/2001 Coll., amending Decree-Law No.
333/1993 Coll., on the fixing of minimum wage rates and wage
benefits for work in difficult and harmful work environment
and work at night, as amended,
31. Government Regulation No. 560/2002 Coll., amending Decree-Law No.
333/1993 Coll., on the fixing of minimum wage rates and wage
benefits for work in difficult and harmful work environment
and work at night, as amended,
32. Government Regulation No. 461/2003 Coll., amending Decree-Law No.
333/1993 Coll., on the fixing of minimum wage rates and wage
benefits for work in difficult and harmful work environment
and work at night, as amended,
33. Government order No. 700/2004 Coll., amending Decree-Law No.
333/1993 Coll., on the fixing of minimum wage rates and wage
benefits for work in difficult and harmful work environment
and work at night, as amended,
34. Government Regulation No. 303/1995 Coll., on the minimum wage,
35. Government Regulation No. 320/1997 Coll., amending Decree-Law No.
303/1995 Coll., on the minimum wage,
36. Government Regulation No. 317/1998 Coll., amending Decree-Law No.
303/1995 Coll., on the minimum wage, as amended by regulation of the Government No. 320/1997
SB.
37. Government Regulation No. 131/1999 Coll., amending Decree-Law No.
303/1995 Coll., on the minimum wage, as amended,
38. Government Regulation No. 309/1999 Coll., amending Decree-Law No.
303/1995 Coll., on the minimum wage, as amended,
39. Government Regulation No. 162/2000 Coll., amending Decree-Law No.
303/1995 Coll., on the minimum wage, as amended,
40. Government Regulation No. 429/2000 Coll., amending Decree-Law No.
303/1995 Coll., on the minimum wage, as amended,
41. Government Regulation No. 436/2001 Coll., amending Decree-Law No.
303/1995 Coll., on the minimum wage, as amended,
42. Government Regulation No. 559/2002 Coll., amending Decree-Law No.
303/1995 Coll., on the minimum wage, as amended,
43. Government Regulation No. 461/2003 Coll., amending Decree-Law No.
303/1995 Coll., on the minimum wage, as amended,
44. Government Regulation No. 699/2004 Coll., amending Decree-Law No.
303/1995 Coll., on the minimum wage, as amended,
45. Decree-Law No. 330/2003 Coll., determining the emoluments of the employees in the
public service and administration,
46. Decree-Law No 637/2004 Coll., amending Decree-Law No.
330/2003 Coll., on salaries of employees in public services and
manage,
47. article. (I) Decree-Law No. 213/2005 Coll., amending Decree-Law
No 330/2003 Coll., on salaries of employees in public services
and the Administration, as amended by Decree-Law No 637/2004 Coll. and Decree-Law No.
469/2002 Coll., laying down a catalogue of works and qualifying
assumptions and amending Government Decree determining the emoluments
of employees in public services and administration, as amended
regulations,
48. Government Regulation No. 307/2005 Coll., amending Decree-Law No.
330/2003 Coll., on salaries of employees in public services and
the Administration, as amended,
49. Government Regulation No. 541/2005 Coll., amending Decree-Law No.
330/2003 Coll., on salaries of employees in public services and
the Administration, as amended,
50. Decree No. 140/1968 Coll., on employment and the economic benefit
security of learners on the job,
51. Decree No. 199/1994 Coll., amending Decree of the Ministry of
education no. 140/1968 Coll., on employment and the economic benefit
studying on the job security, as amended by Act No. 187/1988
SB.
52. Decree No. 172/1973 Coll., on the release of the workers from their jobs to
the performance features in the revolutionary trade union movement,
53. Decree No. 75/1967 Coll., on additional holidays for workers who
place of work harmful to health or particularly difficult, and on compensation for loss of
earnings after the incapacity of some diseases from
the profession,
54. Decree No 45/1987 Coll., on principles for shortening of working time without
reduction in pay due to health reasons for workers to 21 years of age in the underground
deep down,
55. Decree No. 95/1987 Coll., on additional holidays for workers who
working with chemical carcinogens,
56. Decree No. 96/1987 Coll., on principles for shortening of working time without
reduction in pay due to health reasons for workers who work with
chemical carcinogens,
57. Decree No. 108/1989 Coll., amending and supplementing Decree No.
96/1987 Coll., on principles for shortening of working hours without a reduction in pay of
health workers who are working with chemical carcinogens,
58. Decree No 104/1993 Coll., laying down the periods with lower need for
the work of organizations of forest owned by the State,
59. Decree No 277/1993 Coll., laying down the periods with lower need for
the work of the Organization of the military forests and farms,
60. Decree No. 18/1991 Coll., on other tasks in the general interest,
61. Decree No. 366/1999 Coll., laying down the periods with lower need for
the work of operators and carriers on the national and regional.
§ 396
The effectiveness of the
(1) this Act shall come into force on 1 January 2000. January 1, 2007.
(2) the provisions of § 238 paragraph 1. 1 shall expire on the date that it becomes
the effectiveness of the denunciation of ILO Convention No. 45 of
the employment of women in underground work and underground mines of all kinds,
1935 (No 441/1990 Coll.).
Fort Worth Star Telegram in r.
Paroubek in r.
Annex
The characteristics of the grades
1. grade
The work, consisting of a unique repetitive work operations.
Work with individual items, simple tools and manual
the tool without links to other processes and activities. The implementation of the
handling operations with the individual pieces and small weight (to objects
5 kg). Common claims on sensory function. Work in favourable external
conditions.
2. grade
The work of the same kind held by the precise and clearly defined entry
outputs, with little variation and relation with the framework to the next
processes. Work with multiple elements (objects) that form a whole, for example,
Handling items requiring special handling (fragile, heavy,
flammable, with the danger of the disease). The implementation of the minor works, which are
part of the broader processes.
Long-term unilateral loading and minor muscle groups (fingers,
the wrist) and forced the rhythm and slightly degraded
(for example, climate) of external conditions. Work with potential risk
an accident at work.
3. grade
Work with clearly defined inputs and outputs and generally defined procedure
with the framework, subject to other processes. Working with units and assemblies with
logical (purposeful) arrangement without links to other units (the report).
Any responsibility for threats to the health and safety of employees in
under one collective.
4. grade
Homogenous work with framework by specifying and with clearly defined outputs, with
greater choice of another procedure, and with the framework, subject to other
processes (hereinafter referred to as "professional work"). Working with units and
reports of several individual elements (objects) with logical (purposeful)
arrangement with ties to other units (the report). Work
assuming a simple working relationship. Long-term and unilateral
load the larger muscle groups. Slightly increased mental demands
associated with a separate group of homogeneous solution time steady
business operations in accordance with those procedures.
5. grade
Simple expert work performed with many inter-related elements,
that are part of a system. The streamlining of the simple
routine and manipulation services and processes in variable groups
teams and other non-permanent organizational units and non-subordination
a group of workers associated with the responsibility for damages that cannot be
Delete on its own and in a short time.
Increased mental demands stemming from separate tasks, which
are mainly represented by specific phenomena and processes of diverse
with demands on longer-term memory, imagination and
predictability, the ability to compare, attention and flexibility. Accurate
the sensory distinction of small details. Long-term, one-sided and
excessive load on the muscle groups objects of different weights over 25
kg.
6th grade
Diverse, generally defined by specifying the work according to the normal procedures,
with the stated outputs, processes and linkages to other processes (hereinafter referred to as
"technical work"). Work with complete systems composed of many elements with
Sub links to a small circle of other systems. Coordination of work in the
variable groups.
Increased mental demands stemming from separate tasks with
a variety of specific phenomena and processes, and with the demands on the imagination and
predictability, the ability to compare, attention and flexibility. A considerable
sensory demands. A considerable burden of large muscle groups in a very
difficult working conditions.
7. grade
Professional work done with complete stand-alone systems with potential
breakdown on the component subsystems and with linkages to other systems. The streamlining of the
and coordination of simple technical work. Responsibility for the health
other persons or for damages only removed a group of other
employees, or for damages of persons acting on the basis of false statements
or the taking of measures over a longer period.
Psychological strain stemming from separate tasks, which are
evenly represented a concrete and abstract phenomena and processes a wide variety of
character. Demands on application skills and adaptability to different
conditions on logical thinking and some imagination. High intensity
on the identification of very small details, characters, or other visually impaired
important information and increased demands on the vestibular apparatus. Excessive
load large muscle groups in the most extreme working conditions.
8. grade
The provision of a wider professional works with file generally laid down by the
inputs and the way the execution and defined outputs, which are
an organic part of broader processes (hereinafter referred to as "specialized
the work "). Work in the context of complex systems with internal breakdown on
complete subsystems with close links to other systems and with the internal
breakdown of and outside of the organization.
9. grade
Specialized work, in which is the subject of a comprehensive
a separate system composed of several homogeneous units or
the most complex separate units. Coordination and administration of professional
the works.
Increased mental strain arising from separate systems
tasks, which are represented in more abstract phenomena and processes, with claims for
cognition, understanding and interpretation of phenomena and processes. High demands on
memory, flexibility, skills of analysis, synthesis and general comparisons.
High demands on the vestibular apparatus. An extraordinary burden on the nervous system.
10. grade
The provision of complex activities with generally defined inputs, generally
set out a great deal of variability and how the outputs of the solution and of the procedures and
specific linkages to a wide range of processes (hereinafter referred to as "system
the work "). The subject of the work is a complex system composed of separate
diverse systems with the essential determinants of internal and external
ties. Coordination and administration of professional specialized work.
11th grade
System work, whose activities are sub-disciplines
with a wide scope.
With the performance of work of considerable psychological strain resulting from the large
the complexity of the cognitive processes and higher level of abstract thinking,
imagination, generalization, and from the need to make decisions according to the different
criteria.
12th grade
A complex system of activities with variant General inputs, generally
laid down in advance and outputs unspecified ways and procedures shall
wide ties to other processes (hereinafter referred to as "the system of specialized
the work "), which are the subject of the fields of activity of systems with
extensive external and internal links.
13. grade
The system of specialized work, whose business is to file
scopes or scope with a massive internal structure and external links.
Comprehensive coordination and administration of system works.
High psychological strain resulting from the high demands on creative
thinking. Discover new techniques and methods, and the search for solutions
in an unusual way. Transmission and application of methods and methods from other
sectors and areas. Decision-making within the combinable rather considerably
abstract and heterogeneous phenomena and processes from different sectors and disciplines.
14. grade
Activities with unspecified inputs, ways of dealing with and very generally
defined outputs with very wide linkages to other processes, creative
development and coordination of policies and system (hereinafter referred to as "the creative
system work "). The subject is a set of disciplines or with extensive scope
internal breakdown and with numerous ties to other disciplines and with the competencies and
impact on the general population groups, or otherwise challenging summary
scopes. Coordination and administration of the system of specialized works.
15. grade
Creative system work when the subject is the industry as set
loosely coupled branches or most fundamental importance.
Very high psychological strain resulting from the high demands on creative
thinking in a highly abstract plane when considerable variability and
combines the processes and phenomena and on the ability of unconventional
the system and the services in the broadest context.
16. grade
Activities with unspecified inputs and outputs with a way of addressing
possible links to a whole range of other activities, which are the subject of
the various sciences and disciplines, and the other the broadest and most demanding
systems.
Selected provisions of the novel
Article. (II) Act No. 362/2007 Sb.
Transitional provisions
1. Act No. 262/2006 Coll. as amended and as amended by the
This Act also govern labour relations incurred prior to the date
entry into force of this Act; legal acts before the date of the acquisition of
the effectiveness of this law is, however, governed by existing laws, and
when their effects occur only after the effective date of this Act.
2. the right to compensation of the employee to whom notice has been given of the reasons
referred to in section 52 (a). (d)) of the labour code, in the version in force until the date of
entry into force of this Act, or with which the agreement has been concluded on the
termination of employment for the same reasons before the date of entry into force of
This law, governed by existing laws, treaties, and
the internal rules pursuant to section 305 of the labour code, in the version in force until the date of
entry into force of this Act.
3. the obligation of the employee to whom notice has been given or with which it was
an agreement on termination of employment prior to the date of acquisition
the effectiveness of this law, to return allowances, if after the end of
employment held a job in the employment relationship referred to in § 3
the second sentence of the labour code, in the version in force until the date of entry into force of
This Act, for the existing employers are governed by existing
legislation, treaties and the internal rules pursuant to section 305 of the code
work, in the version in force until the date of entry into force of this Act.
Article. (II) Act No. 294/2008 Sb.
Transitional provision
Other agreed overtime in health care according to the article. I, point 1 may
be exercised only in the period from the effective date of this Act, until 31 December 2006.
December 2013.
Article. (VI) Law No 326/2009 Sb.
Transitional provision
If the time of the first 3 days of temporary incapacity for which
pay the wages or salary for the Court (section 192 (1) of the second part of the sentence for
the labour code by semi-colons), until 30 June 1998 has not expired. June 2009,
the procedure is for exercising the right to compensation for wages or salary during temporary
incapacity for work pursuant to the provisions of § 192 paragraph 2. 1 the second sentence in section
a semicolon to the labour code, in the version in force from 1 January 1999. July, 2009.
Article. VI of Act No. 347/2010 Sb.
cancelled
Article. (II) Law No 185/2010 Sb.
Transitional provisions
Access to transnational information in accordance with § 288 to 299 of the Act No. 262/2006
Coll., in the version in force until the date of entry into force of this Act shall apply
employers and employer groups operating within the territory of the
a Member State, with registered offices in the Czech Republic and their organizational
folders that are located on the territory of the Czech Republic, for which the
and) from 5. June 2009 to 5. June 2011 has closed or
amended agreement pursuant to § 288 to 295 of Act No. 262/2006 Coll. as amended by
effective until the date of entry into force of this Act,
(b) the arrangements referred to in subparagraph (a))) was changed at the time of its validity,
supplemented or extended,
and until the termination of these agreements. The provisions of § 298a Act No.
262/2006 Coll. as amended effective from the date of entry into force of this Act
However, it also applies here.
Article. (VI) Law No 364/2011 Sb.
Transitional provision
If the temporary incapacity or quarantine was established
ordered before 1. January 2014 and it takes even in 2014,
and) the compensation of wages or salary or compensation rewards from the agreement on
work activities pursuant to § 192 or 194 of Act No. 262/2006 Coll. as amended by
effective on the date of 31. December 2013, and
(b) the length of time or period) 21 calendar days referred to in section 66 paragraph 1. 1
the second sentence of § 192 paragraph 2 and. 1 sentence of third and fourth. 5 (a). 6 sentence
the first Act No. 262/2006 Coll., in the version in force on 31 December 2005. December
2013, remains preserved.
Article. (II) Act No. 365/2011 Sb.
Transitional provisions
1. Act No. 262/2006 Coll., in the version in force from the date of entry into force of
This Act also govern labour relations incurred prior to the date
entry into force of this Act; legal acts before the date of the acquisition of
the effectiveness of this law is, however, governed by existing laws, and
when their effects occur only after the effective date of this Act.
2. the denunciation of the collective agreements concluded before the date of entry into force of
This Act shall be governed by existing laws.
3. the duration of the obstacles in the work in accordance with § 35 para. 2 of Act No. 262/2006 Coll., on
the texts of the effective date of this Act, for which the employee
does not take place on probation work and on which the trial period is extended, the
governed by existing laws.
4. In accordance with a written agreement entered into pursuant to § 39 para. 4 of Act No. 262/2006
Coll., in the version in force until the date of entry into force of this Act, or
issued by the internal regulation for the implementation of § 39 para. 4 of Act No. 262/2006
Coll., in the version in force until the date of entry into force of this law, it is possible to
proceed for a maximum period of 6 months from the date of entry into force of this
the law.
5. Notice the reason referred to in section 52 (a). h) Act No. 262/2006 Coll., on
the text of this law, it is not possible to use, there has been a breach of the mode
temporarily work insured before the date of entry into force of this
the law.
6. Severance pay to which the employee is entitled, which was given to
notice of termination pursuant to section 52 (a). ) to c) of Act No. 262/2006 Coll. as amended by
effective until the date of entry into force of this Act, or with which it was
an agreement on termination of employment for the same reasons, as well as
severance pay to which the employee is entitled, which immediately set aside the
employment pursuant to section 56 of Act No. 262/2006 Coll., in the version in force in
the effective date of this Act, are governed by existing laws,
regulations.
7. the right of the Court pursuant to § 69 para. 2 of Act No. 262/2006 Coll. as amended by
effective from the date of entry into force of this Act, may be applied to the
invalid cases of termination of employment on the basis of the legal
the Act, which was made in first the effective date of this Act.
8. paragraph 209 paragraph. 2 of Act No. 262/2006 Coll. as amended effective
from the date of entry into force of this Act, may be applied to the cases of
partial unemployment that occurred earlier in the day the effectiveness of this
the law.
9. cases of partial unemployment, which occurred before the date of the acquisition of
the effectiveness of this law, of which it was necessary to make decisions in the administrative
proceedings pursuant to § 209 paragraph. 3 of Act No. 262/2006 Coll., in the version in force in
the effective date of this Act, which have not been
decided, or where the proceedings are governed by existing
the legislation.
10. the provisions of section 330 of Act No. 262/2006 Coll., in the version in force from the date of
entry into force of this Act, shall apply to the cases of extinction of the rights from the
the effective date of this Act.
11. the provisions of section 333 of the Act No. 262/2006 Coll., in the version in force from the date of
entry into force of this Act, shall apply to the period that began
accrue from the date of first entry into force of this Act.
12. Transfer of rights and obligations of labor relations and the transition
exercise of the rights and obligations of employment relations, the effectiveness of
occurred before the date of entry into force of this law shall be governed by the existing
the legislation.
Article. LXXX of Act No 302/Sb.
Transitional provisions
1. Act No. 262/2006 Coll., in the version in force from the date of entry into force of
This Act also govern labour relations incurred prior to the date
entry into force of this Act; legal acts before the date of the acquisition of
the effectiveness of this law is, however, governed by existing laws, and
when their effects occur up to the effective date of this Act.
2. invalidity of legal acts which have been made prior to the date of acquisition
the effectiveness of this law, shall be assessed pursuant to Act No. 262/2006 Coll., on
the version in force until the date of entry into force of this Act.
3. The provisions of paragraphs 19 and 20 of the Act No. 262/2006 Coll., in the version in force from
the effective date of this Act, apply to labour
the relationships that were created earlier in the day the effective date of this Act.
4. The legislation referred to in section 28 of Act No. 262/2006 Coll. as amended by
effective from the date of entry into force of this Act apply to collective
contracts which have been concluded earlier in the day of application of this
the law.
5. Immediate termination of employment legal guardian
of the employee under section 56a of the Act No. 262/2006 Coll., in the version in force from
the effective date of this Act, is applicable to the employment relationship
a minor employee based employment contract concluded
earlier in the day the effective date of this Act.
6. the immediate cancellation of the agreement for work or working agreements
the activities of the legal representative of a minor employee in accordance with § 77 para. 4
and (5) of Act No. 262/2006 Coll., in the version in force from the date of entry into force of
This Act, it is possible to apply to the agreement for work or an agreement
about the work of a minor employee that has closed
earlier in the day the effective date of this Act.
Article. XI of Act No. 101/2014 Sb.
Transitional provision
Termination of employment of a foreigner or a natural person without the State
nationality who have been granted long-term residence permit for the purpose of
employment in special cases pursuant to section 42 of the Act No. 326/1999 Coll.
in the version in force before the date of entry into force of this Act, if there were no
to him, already in a different way, is governed by § 48 para. 3 (b). (c)) Law No.
262/2006 SB., in the version in force before the date of entry into force of this
the law.
Article. The LIONS of law no 250/2014 Sb.
Transitional provision
Employees on the day preceding the effective date of
This Act is rewarded to a contractual salary, the effective date of
This Act provides for a salary plan and personal allowance, where appropriate,
surcharge for leadership, extra charge and extra pay for work in
difficult working environment, so that their sum corresponded to the present
the amount of the agreed contractual salary; However, if the amount so established
the personal allowance, where applicable, the additional fee for management, special supplement
and the additional fee for work in difficult working environment, exceeded the
their maximum amount pursuant to Act No. 262/2006 Coll., these
folder of the salary will be reduced to the maximum permissible amount. Salary plan
must correspond to the classification in grade and step in
accordance with the Act No. 262/2006 Coll.
1) of the Council directive of 14 June. October 1991 concerning the obligations of the employer
inform employees of the conditions applicable to the contract or employment
relationship (91/533/EEC).
Council Directive 98/59/EC of 20 May 1999. July 1998 on the approximation of the laws
the laws of the Member States relating to collective redundancies.
Council Directive 99/70/EC of 28 June 1999. June 1999 concerning the framework agreement on
fixed-term work concluded by UNICE,
CEEP and ETUC.
Council Directive 97/81/EC of 15 December 1999. December 1997 concerning the framework agreement on
part-time work concluded by UNICE, CEEP and the
The ETUC.
Council Directive 2004/113/EC of 13 April 2004. December 2004, implementing the
the principle of equal treatment between men and women in the access to goods and services
and their provision.
Council Directive 94/45/EC of 22 December 2004. September 1994 on the establishment of the European Council
employees or a procedure for informing employees and
consultation of employees in undertakings operating in the territory of the community
and groups of undertakings on the territory of the community.
Council Directive 97/74/EC of 15 December 1999. in December 1997, the
the scope of Directive 94/45/EC on the establishment of a European Works Council or
the creation of a procedure for informing and consulting
employees in undertakings operating in the territory of the community and groups
businesses operating in the territory of the community, extends to the United
Kingdom of Great Britain and Northern Ireland.
Council Directive 2006/109/EC of 20 May 1999. November 2006, which is due to
the accession of Bulgaria and Romania are covered by Directive 94/45/EC on the establishment of
the European Works Council or a procedure for informing the
and consultation of employees in undertakings operating in the territory of the
Community and groups of undertakings on the territory of the community.
Directive of the European Parliament and of the Council 2002/14/EC of 11 December 1997. March
2002 laying down the general framework for employee information and
consulting employees in the European Community.
Article. 13 Council Directive 2001/86/EC of 8 June 2004. October 2001, which
supplementing the Statute for a European company with regard to the involvement of employees.
Council Directive 2001/23/EC of 12 July 2005. March 2001 on the approximation of the laws
the laws of the Member States relating to the safeguarding of employees ' rights in the
the event of transfers of undertakings, businesses or parts of undertakings or businesses.
European Parliament and Council Directive 96/71/EC of 16 December 2002. December 1996
the posting of workers in the framework of the provision of services.
Council Directive 96/34/EC of 3 June 2003. June 1996 on the framework agreement on
parental leave concluded by UNICE, CEEP and the ETUC.
Directive of the European Parliament and of the Council 2003/88/EC of 4 April 2003. November
2003 concerning certain aspects of the organisation of working time.
Council Directive 94/33/EC of 22 December 2004. June 1994 on the protection of minors
workers.
Council directive of 25 June. June 1991, supplementing the measures for
improving the safety and health at work of workers with
the ratio of fixed-term or temporary employment relationship (91/383/EEC).
Council directive of 12 June. June 1989 on the introduction of measures to encourage improvements
the safety and health of workers at work (89/391/EEC).
Council directive of 30 November 2005. November 1989 on the minimum requirements for
health and safety for the use of personal protective
resources by workers at work (third individual Directive within the meaning of
article. Article 16(1). 1 of Directive 89/391/EEC) (89/656/EEC).
Council Directive 92/85/EEC of 19 December. October 1992 on the introduction of measures to
improving the safety and health at work of pregnant workers
and workers who have recently given birth or are breastfeeding (tenth
individual Directive within the meaning of article 87(1). Article 16(1). 1 of Directive 89/391/EEC).
Council directive 2010/18/EU of 8 March. March 2010 implementing
the revised framework agreement on parental leave concluded between the
organisations BUSINESSEUROPE, UEAPME, CEEP and ETUC and repealing Directive
96/34/EC.
European Parliament and Council Directive 2006/54/EC of 5 July 2004. July
2006 on the implementation of the principle of equal opportunities and equal treatment for
men and women in matters of employment and occupation.
Council Directive 2000/43/EC of 29 April 2004. June 2000 implementing the
the principle of equal treatment between persons irrespective of racial or
ethnic origin.
Council Directive 2000/78/EC of 27 June 2002. November 2000 establishing a
a general framework for equal treatment in employment and occupation.
Directive of the European Parliament and of the Council 2002/15/EC of 11 December 1997. March 2002
on the organisation of working time of persons performing mobile road
transport.
Council Directive 2005/47/EC of 18 June 2003. July 2005 on the agreement between the
The community of European railways (CER) and the European transport workers ' Federation
(ETF) on certain aspects of the working conditions of mobile
workers engaged in interoperable cross-border services in the
rail transport.
Article. 15 Council Directive 2003/72/EC of 22 December 2004. July 2003, which is
supplementing the Statute for a European cooperative society with regard to the involvement of
employees.
European Parliament and Council directive 2009/38/EC of 6 May 1999. May 2009
on the establishment of a European Works Council or a procedure for the
employee information and consultation of employees in undertakings
operating at the level of the community and the groups of undertakings
Community level (recast).
2) for example, Act No. 234/2014 Coll. on State service, Act No. 361/2003
Coll., on the service of members of security forces, as amended by
amended.
6) articles 6 and 7 of Act No. 219/2000 Coll., on the Czech Republic and its assets
in legal relations.
7) § 3 and 51 of Act No. 219/2000 Sb.
10) § 16 para. 2 of the Act No. 83/1990 Coll., as amended by Act No. 300/1990 Coll.
11) Act No. 2/1991 Coll., on collective bargaining, as amended
regulations.
12) for example, Act No. 451/1991 Coll., laying down some of the more
prerequisites to perform certain functions in State bodies and
organizations of the Czech and Slovak Federal Republic, the Czech Republic and
The Slovak Republic, as amended.
13) Act No. 79/1997 Coll., on State enterprise, as amended
regulations.
14) for example, Act No. 257/2000 Coll., on the State agricultural intervention
Fund and amending some other acts (the Act on the State farm
the intervention fund), as subsequently amended, Act No. 211/2000
Coll., on the State Housing Development Fund and amending Act No. 171/1991 Coll.,
about the competence of the authorities of the Czech Republic in matters relating to transfers of property to the State of the
other persons, and the national property Fund of the Czech Republic, as amended by
amended, as amended, law No 104/2000
Coll. on the State Fund of transport infrastructure and on the amendment of Act No.
171/1991 Coll., on the scope of the authorities of the United States in matters of transfers
the assets of the State on the other person and the national property Fund of Czech
Republic, as amended, as amended.
15) section 54 of Act No. 219/2000 Coll., as amended.
section 27 of Act No. 250/2000 Coll. on budgetary rules of territorial
budgets.
16) Act No. 283/1991 Coll., on the police of the Czech Republic, as amended by
amended.
for example, section 16A) 2 (2). 6 and 7 of Act No. 312/2002 Coll., as amended by
amended, § 102 paragraph. 2 (a). (g)) and § 103 para. 3 of Act No.
128/2000 Coll., on municipalities (municipal establishment), as amended,
section 59 paragraph 1. 1 (b). (c)) and § 61 para. 3 (b). (b)) of the Act No. 129/2000 Coll., on the
counties (County establishment), as amended, § 68 para. 2
(a). in) and § 72 para. 3 (b). (b)) Law No 131/2000 Coll., on the main
the city of Prague, as subsequently amended, § 7 (2). 4 and § 8 para. 1
Law No. 245/2006 Coll., on public nonprofit constitutional
medical devices and amending certain laws, section 10 of Decree No.
394/1991 Coll., on the position, organisation and operation of teaching hospitals and
other hospitals, selected specialised therapeutic institutes and regional
health stations in the management scope of Ministry of health
The United States, section 131 of the Act No. 561/2004 Coll. on pre-school,
primary, secondary, higher vocational and other education (the education
Act) § 14 para. 3 of Act No. 201/2002 Coll., on the authority of representation
of the State in matters of property, § 17 para. 2 of law No 341/2005 Coll. on
public research institutions, § 8 para. 1 (b). and) and § 9 para. 4
Act No. 483/1991 Coll., on the Czech television, § 8 para. 1 (b). and) and § 9
paragraph. 4 Act No. 484/1991 Coll., on the Czech Radio, § 8 para. 1 (b). (b))
Act No. 517/1992 Coll., on the Czech press office, § 9 para. 2 of the Act
No 256/2000 SB., § 6 (1). 5 Act No. 211/2000 Coll., section 8 (2). 4 of the law
No 104/2000 Coll., section 12 paragraph 1. 2 and 3 of law No. 77/1997 Coll., § 24 para. 3
Law No 250/2000 Sb.
16B) for example, § 148 paragraph. 18 of Act No. 435/2004 Coll., on employment,
section 48 of the Act No. 251/2005 Coll., on labour inspection, article. (Ii) point 17 of Act No.
274/2003 Coll., amending certain laws in the field of the protection of public
health, § 9 para. 3 of Act No. 257/2000 Coll.
17) § 92 para. 2 of the Act No. 435/2004 Coll. as amended by Act No. 347/2010
SB.
18) section 66 of Act No. 435/2004 Coll.
19) § 4 paragraph 2. 1 of law No 98/1987 Coll., on the special contribution of the miners,
in the wording of later regulations.
20) § 89 to 101 of the Employment Act.
21) § 56 para. 2 (a). b) of Act No. 187/2006 Coll., on sickness
insurance.
21a) Act No. 182/2006 Coll., on bankruptcy and the ways of its solution
(insolvency law), as amended.
22A) Act No. 108/2006 Coll., on social services, as amended
regulations.
23) Act No. 245/2000 Coll., on public holidays, on significant days and
days of rest, as amended.
23A) Act No. 95/2004 Coll., on conditions for the acquisition and recognition of professional
competence and specialized competence to perform the medical
the professions of doctor, dentist and pharmacist, as amended
regulations.
23B) Law No 96/2004 Coll., on conditions for the acquisition and recognition
competence for the exercise of paramedical professions and to the exercise
activities related to the provision of health care and amending
certain related laws (the law on the paramedical
occupations), as amended.
24) Act No. 56/2001 Coll., on conditions for the operation of vehicles on the road
roads and on the amendment of the Act No. 168/1999 Coll., on liability insurance
for damage caused by operation of the vehicle and amending certain related
laws (the law on the liability insurance of the vehicle), as amended by
Act No. 309/1999 Coll.
25) Act No. 13/1997 Coll. on road traffic, as amended
regulations.
26) § 3 (1). 1 (b). ) to c) of Act No. 266/1994 Coll., on rail systems in
as amended.
27 § 2 (b)). (c)) Decree No. 175/2000 Coll., on the transport regulations for the
public rail and road passenger transport.
28) Act No. 49/1997 Coll., on Civil Aviation, and amending and supplementing
Act No. 455/1991 Coll., on trades (Trade Act),
in the wording of later regulations.
29) Law No. 114/1995 Coll. on inland navigation, as amended
regulations.
31) section 67 of Act No. 133/1985 Coll., on fire protection, as amended
regulations.
32) section 37 of Act No. 258/2000 Coll., on the protection of public health and amending
some related laws, as amended.
33) Law No 379/2005 Coll., on measures to protect against damage
caused by tobacco products, alcohol and other addictive substances and
amending related laws.
34) Government Regulation No. 21/2003 Coll., laying down technical
requirements for personal protective equipment.
35) Act No. 167/1998 Coll., on substance abuse and to modify other
laws, as amended.
36) for example, Act No. 251/2005 Coll., on labour inspection, Act No. 61/1988
Coll. on mining activities, explosives and the State Mining Administration, in
as amended, Act No. 18/1997 Coll. on peaceful uses of
of nuclear energy and ionizing radiation (the Atomic Act) and on the amendment and
supplementing certain acts, as amended.
37) Act No. 309/2006 Coll., as amended by Act No. 362/2007 Sb.
37A) section 9 of Act No. 309/2006 Coll.
38) section 39 of Act No. 258/2000 Coll., as amended.
39) for example, Act No. 201/1997 Coll., on salary and some other
elements of prosecutors and amending and supplementing Act No. 143/1992
Coll., on salary and remuneration for stand-by duty in the budget and in the
certain other organisations and bodies, as amended
regulations.
40) Act No. 128/2000 Coll., on municipalities (municipal establishment), as amended by
amended.
Act No. 129/2000 Coll., on regions (regional establishment), as amended
regulations.
Act No. 133/2000 Coll., on the capital city of Prague, as subsequently amended
regulations.
41) § 124 Education Act.
41A) Law No 245/2006 Coll., as amended.
42) Act No. 526/1990 Coll., on prices, as amended.
43) Act No. 151/1997 Coll., on the valuation of assets and amending certain
laws (law on the valuation of assets), as amended.
43A) for example, § 118 paragraph. 2 Act No. 90/1995 Coll., on rules of procedure
The Chamber of Deputies, § 147 paragraph. 2 of Act No. 106/1999 Coll., on rules
the order of the Senate, section 4, paragraph 4. 3 of Act No. 114/1993 Coll., on the Office of the President
Republic, as amended by Act No. 283/2004 Coll.
44) § 24 to 26 of Act No. 249/2000 Coll. on budgetary rules
local budgets.
45) § 2 of the law No. 563/2004 Coll. on pedagogic workers and amending
Some laws.
46) of the Education Act.
47) Act No. 563/2004 Sb.
48) Act No. 365/2000 Coll., on public administration and information systems of the
amendments to certain other laws, as amended.
49) Act No. 101/2000 Coll., on the protection of personal data and on amendments to certain
laws, as amended.
50) § 16 para. 1 of law No 6/1993 Coll. on Česká národní banka, as amended by
amended.
51) Act No. 121/2001 Coll., on judicial executors and enforcement activities
(enforcement procedure) and amending other acts, as amended.
51A) Act No. 115/2006 Coll., on registered partnership and amending
some related laws, as amended by the Act No. 261/2007 Coll.
52) Act No. 337/1992 Coll., on administration of taxes and fees, as amended by
amended.
53) Act No. 500/2004 Coll., the administrative code, as amended by law no 413/2005 Sb.
54) § 276 to 302 of the civil procedure.
Act No. 119/2001 Coll., laying down rules for cases concurrently
the ongoing performance of the decision.
55) section 277 of the civil procedure.
56) Law No 499/2004 Coll. on Archives and records service and amending
certain acts, as amended.
57) for example, Act No. 237/1995 Coll., on salary and other terms of
associated with the performance of the functions of the representatives of State power and some
State authorities and judges and members of the European Parliament, as amended by
amended.
58) Act No. 187/2006 Coll., as amended.
59) Act No. 258/2000 Coll., as amended.
61) section 26 of Act No. 187/2006 Sb.
62) § 48 para. 2 Act No. 187/2006 Sb.
63) section 33 of Act No. 187/2006 Sb.
64) sections 21 and 22 of law No. 187/2006 Sb.
64A) section 22 of Act No. 187/2006 Sb.
65) section 31 of Act No. 187/2006 Sb.
66) § 56 para. 2 (a). b) of Act No. 187/2006 Sb.
67) § 83 para. 2 (a). b) of Act No. 187/2006 Sb.
68) § 7 para. 12 Act No. 117/1995 Coll., on State social support, in
as amended.
for example, 69) Council decision 2003/479/EC of 16 December 2002. June 2003 on
the rules applicable to national experts and military staff seconded to
the General Secretariat of the Council.
for example, § 70) 7 (2). 5 of law No 104/2000 Coll. on the State Fund
transport infrastructure and on the amendment of Act No. 171/1991 Coll., on the scope of the
the authorities of the Czech Republic in matters relating to transfers of property to the State on the other person, and
the national property Fund of the Czech Republic, as amended
the provisions of § 15 para. 9 and § 83 para. 11 of the Act on universities, § 184
the Education Act, section 38 of Act No. 95/2004 Coll., on conditions for the acquisition and
recognition of professional competence and specialized competence to perform
the medical professions of doctor, dentist and pharmacist, and section 90
paragraph. 1 of law No 96/2004 Coll., on conditions for the acquisition and recognition
competence for the exercise of paramedical professions and to the exercise
activities related to the provision of health care and amending
certain related laws (the law on the paramedical
occupations).
for example, section 200 71) of the commercial code.
71A) Act No. 627/2004 Coll., on European society, as amended
regulations.
Act No. 309/2006 Coll., on a European cooperative society, as amended by
Act No. 126/2008.
Law No. 125/2008 Coll. on transformation of commercial companies and cooperatives.
72), the law on universities.
73) Decree No. 114/2002 Coll. on the Fund for cultural and social needs,
in the wording of later regulations.
75) Decree No 430/2001 Coll., on the costs of catering and
their payment orders in the organizational components of the State and State-funded
organizations.
76) § 67 up to 84 of the Employment Act.
77) § 42 to 44 of Act No. 187/2006 Sb.
77A) section 8 of Act No. 108/2006 Coll., on social services.
78) for example, section 17 of the commercial code, Act No. 412/2005 Coll. on
the protection of classified information and security.
79) section 200 of the civil procedure.
80) § 21 of the commercial code.
82) Act No. 627/2004 Coll., on European society, as amended by Act No.
264/2006 Sb.
Act No. 309/2006 Coll., on a European cooperative society.
83) Act No. 219/1999 Coll., on the armed forces of the United States, in the
as amended.
84) Act No. 312/2002 Coll., as amended.
85) section 172 para. 2 Education Act.
§ 94 paragraph 86). 2 of the law on universities.
87) § 2 (2). 1 of the commercial code.
88) Act No. 159/2006 Coll. on conflicts of interest.
89) section 34 and section 115 (a). d) of Act No. 108/2006 Coll., as amended
regulations.
90) § 39 to 57 of the Employment Act.
91) Article. 49 of the Treaty establishing the European Community.
92) section 53 of Act No. 218/2000 Coll. on budgetary rules and amending
certain related acts (budgetary rules), as amended by
amended.
93) § 278 of the judicial code.
94) Law No. 26/2000 Coll. on postal services and amending certain
other laws (the law on postal services), as amended
regulations.
95) Act No 227/2000 Coll. on electronic signature, as amended
regulations.
96), for example, Act No. 21/2006 Coll., on verification of conformity a copy or copies of the
with the Charter and of verifying the authenticity of the signature and amending some laws
(authentication).
97), for example, the commercial code, Act No. 328/1991 Coll., as amended by
amended.
98) Decree No 342/1997 Coll., laying down a procedure for the recognition of
of occupational diseases and the list of medical devices that these
diseases recognize as amended by Decree No 38/2005 Sb.
99) Government Decree No. 290/1995 Coll., laying down a list of diseases of
the profession.
99A) § 16 para. 2 Decree No 307/2002 Coll., on radiation protection, in
amended by Decree No. 499/2005 Sb.
99B) § 2 (2). 5 Act No. 258/2000 Coll., on the protection of public health and the
amending certain related laws.
99 c) § 69 para. 1 (b). (b)), and (h)) Act No. 258/2000 Coll., as amended by law
No 274/2003 Coll.
100) Act No. 589/1992 Coll., on social security and
contribution to the State employment policy, as amended
regulations.
101) Act No. 586/1992 Coll., on premiums for general health
insurance, as amended.
Act No. 48/1997 Coll., on public health insurance and amending and
supplementing certain acts, as amended.
102) § 38 h of Act No. 586/1992 Coll., on income taxes, as amended by
amended.
103) section 67 of the Employment Act.
104) § 2 (2). 5 of the Act No. 312/2002 Coll., as amended.
107) § 56 para. 2 (a). b) of Act No. 187/2006 Coll., as amended by Act No.
305/2008 Sb.
108) Act No. 198/2009 Coll., on equal treatment and the legal
means of protection against discrimination and on amendments to certain laws
(anti-discrimination Act).
110) for example, § 24 para. 2 of the Act No. 563/2004 Coll., section 22 of Act No.
95/2004 Coll., section 51 and 54 of law No 96/2004 Sb.
111) § 7 para. 1 Act No. 2/1991 Coll., as amended by Act No. 225/2005 Sb.
§ 18 para. 1 and section 19 of Act No. 89/1995 Coll., on State statistical service,
as amended by the Act No. 220/2000 Coll. and Act No. 408/2000 Coll.
112) § 6 para. 2 (a). d) of Act No. 83/1990 Coll.
