365/2011 Coll.
LAW
Dated 6 November 2011
Amending Act no. 262/2006 Coll., The Labour Code, as amended
amended, and other related laws
Parliament has passed this Act of the Czech Republic:
PART ONE
Changing Labour Code
Art. I
Act no. 262/2006 Coll., The Labour Code, as amended by Act no. 585/2006 Coll.
Act no. 181/2007 Coll., Act no. 261/2007 Coll., Act. 296/2007 Coll.
Act no. 362/2007 Coll., the Constitutional court judgment promulgated under no.
116/2008 Coll., Act no. 121/2008 Coll., Act no. 126/2008 Coll., Act no. 294/2008 Coll
., Act no. 305/2008 Coll., Act no. 306/2008 Coll., Act no. 382/2008 Coll
., Law no. 286 / 2009 Coll., Act no. 320/2009 Coll., Act no. 326/2009 Coll
., Act no. 347/2010 Coll., Act no. 427/2010 Coll., Act no. 73
/ 2011 Coll., Act no. 180/2011 Coll., Act no. 185/2011 Coll., Act no. 341/2011 Coll
., Act no. 364/2011 Coll. and Act no. 367/2011 Coll., is amended as follows
:
First Footnote. 1 reads:
"1) Council Directive of 14 October 1991 on an employer's obligation to inform employees of
terms of the contract or employment relationship
(91/533 / EEC).
Council Directive 98/59 / EC of 20 July 1998 on the approximation of the laws
of the Member States relating to collective redundancies.
Council Directive 99/70 / EC of 28 June 1999 concerning the framework agreement on work
fixed-term contracts concluded by UNICE, CEEP and ETUC
.
Council Directive 97/81 / EC of 15 December 1997 concerning the framework agreement on
part-time work concluded by UNICE, CEEP and ETUC
.
Council Directive 2004/113 / EC of 13 December 2004 implementing
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 September 1994 on the establishment of a European Works Council
or a procedure for informing and
consultation of employees in undertakings within the Community
and groups of undertakings Community territory.
Council Directive 97/74 / EC of 15 December 1997 laying area
Directive 94/45 / EC on the establishment of a European Works Council or a procedure
for informing and consulting
employees in companies operating in the Community
groups and businesses operating in the Community to the United
Kingdom of Great Britain and Northern Ireland.
Council Directive 2006/109 / EC of 20 November 2006 by reason
accession of Bulgaria and Romania adapting Directive 94/45 / EC establishing
European Works Council or a procedure for informing || | employees and consultation of employees in undertakings within the territory of the Community
and groups of undertakings operating in the Community.
Directive of the European Parliament and Council Directive 2002/14 / EC of 11 March
2002 establishing a general framework for informing and consulting employees
in the European Community.
Art. 13 Council Directive 2001/86 / EC of 8 October 2001
supplementing the Statute for a European company with regard to the involvement of employees.
Council Directive 2001/23 / EC of 12 March 2001 on the approximation of the laws
of the Member States relating to the safeguarding of employees' rights in
event of transfers of undertakings, businesses or parts of undertakings or businesses.
Directive of the European Parliament and Council Directive 96/71 / EC of 16 December 1996
posting of workers in the framework of the provision of services.
Council Directive 96/34 / EC of 3 June 1996 on the framework agreement on
parental leave concluded by UNICE, CEEP and ETUC.
Directive of the European Parliament and Council Directive 2003/88 / EC of 4 November
2003 concerning certain aspects of the organization of working time.
Council Directive 94/33 / EC of 22 June 1994 on the protection of minors
workers.
Council Directive of 25 June 1991 supplementing the measures to
improve occupational safety and health of workers
fixed-term contract or a temporary employment relationship (91/383 / EEC).
Council Directive of 12 June 1989 on the introduction of measures to improve
safety and health of workers at work (89/391 / EEC).
Council Directive of 30 November 1989 concerning the minimum
safety and health requirements for the use of personal protective
Resources employees at work (third individual Directive within the meaning of Article
. 16 paragraph. 1 of Directive 89/391 / EEC) (89/656 / EEC).
Council Directive 92/85 / EEC of 19 October 1992 on the introduction of measures to improve
safety and health at work of pregnant workers and workers
recently given birth or are breastfeeding (tenth individual Directive
within the meaning of Article. 16 paragraph. 1 of Directive 89/391 / EEC).
Council Directive 2010/18 / EU of 8 March 2010
implementing the revised framework agreement on parental leave concluded
BUSINESSEUROPE, UEAPME, CEEP and ETUC and repealing Directive 96
/ 34 / EC.
Directive of the European Parliament and Council Directive 2006/54 / EC of 5 July
2006 on the implementation of the principle of equal opportunities and equal treatment
men and women in matters of employment and occupation.
Council Directive 2000/43 / EC of 29 June 2000 implementing
principle of equal treatment between persons irrespective of racial or ethnic origin
.
Council Directive 2000/78 / EC of 27 November 2000 establishing
general framework for equal treatment in employment and occupation.
Directive of the European Parliament and Council Directive 2002/15 / EC of 11 March 2002
on the working time of persons performing mobile road transport
.
Council Directive 2005/47 / EC of 18 July 2005 on the Agreement between
Community of European Railways (CER) and the European Federation of Workers
transport (ETF) on certain aspects of the working conditions of mobile workers
interoperable cross-border services in the railway sector
.
Art. 15 Council Directive 2003/72 / EC of 22 July 2003
supplementing the Statute for a European Cooperative Society with regard to the involvement of employees
.
Directive of the European Parliament and Council Directive 2009/38 / EC of 6 May 2009
on the establishment of a European Works Council or a procedure
information and consultation of employees in undertakings
Community-scale and scale groups of undertakings
Community (recast). ".
Second In § 1, at the end of the period is replaced by a comma and a subparagraph e)
which including footnote no. 107 reads:
"E) provides for certain rights and obligations of employers and employees in compliance
mode temporarily incapable insured under the Act on Sickness Insurance
^ 107) and certain sanctions for its violation.
107) § 56 par. 2 point. b) Act no. 187/2006 Coll., as amended by Act no. 305/2008 Coll
. ".
Third Under § 1, the following § 1a, including the heading reads:
"§ 1a
Basic principles of labor relations
In labor relations are applied particularly those basic principles
A) specific legal protection status of employees
B) satisfactory and safe working conditions for their work,
C) the fair remuneration of employees
D) the proper performance of the work of staff in accordance with the legitimate interests
employer
E) equal treatment of employees and the prohibition of discrimination. ".
Fourth § 2 reads:
"§ 2
(1) dependent work is work that is performed in a relationship of superiority and inferiority
employer's employees on behalf of employers, according
instructions of the employer and the employee performs her employer
personally.
(2) Dependent work must be performed for wages, salary or remuneration for work
, at the expense and responsibility of the employer during working hours on
employer's workplace or at another agreed place. ".
Fifth In § 3, the word "solely" the word "basic" and
words "under this Act" is deleted.
6th § 4 reads:
"§ 4
Labor relations are governed by this Act; You can not use this
law governed by the Civil Code, and always in compliance with the fundamental principles
labor relations. ".
7th Under § 4 the following new § 4a and 4b are inserted:
"§ 4a
(1) shall not apply to labor relations provisions of the Civil Code
about the contract to a third party, by liens on
vymíněném withdrawal of the joint commitments and rights, the contract with its
a performance period and subrogation.
(2) The contractual penalty may be agreed only when provided by this Act.
§ 4b
(1) The rights and obligations in labor relations may be
Regulated notwithstanding this Act if this Act expressly prohibits
or the nature of the provision that since it is not possible to derogate
. The provisions referred to in § 363 may be waived
only in favor of the employee.
(2) Pursuant to paragraph 1 may lead to aberrant modification of the contract, as well as
internal regulation; to adjust the employee's duties, however, may only occur
contract between employer and employee.
(3) The derogation of rights in labor relations (§ 307)
may be lower or higher than the law, which lays down the law or collective agreement
as a minimum or maximum permissible unless in §
116, § 118 paragraph. 1 and § 122 paragraph. 2 provides otherwise. ".
8th In § 5, paragraph 4 and 5, including footnotes Nos. 4, 4a, 4b, 4c, 4d
, 4e, 4f, 4g, 4h, and 5 are deleted.
9th In Part One, Title II reads: "THE PARTIES TO THE BASIC
labor relations".
10th In § 6, paragraph 2 shall be deleted and whilst repealing the designation of paragraph
first
11th In § 7, paragraph 2 shall be deleted and whilst repealing the designation of paragraph
first
12th § 8 is repealed.
13th § 9 including footnotes Nos. 6 and 7 reads:
"§ 9
The Czech Republic (hereinafter "the State") ^ 6)
in labor relations act and the rights and obligations of labor relations exercise
government department ^ 7), on behalf of the state in basic labor
relationship (§ 3) employs the staff.
6) § 6 and 7 of the Act no. 219/2000 Coll., On the property of the Czech Republic and its
representation in legal relations.
7) § 3 and 51 of the Act no. 219/2000 Coll. ".
14th In § 10 paragraph 2 is deleted, whilst repealing the designation of paragraph
first
15th § 11 reads:
"§ 11
Senior employee of the employer means employees who
are at different management levels employer authorized to set and store
subordinate employees to work tasks, organize, manage and
check their work and give them the purpose of binding instructions .
Is a senior employee or senior employee at
also considered a leading state organization. ".
16th In the first part, Title II, Section 3, including heading deleted.
17th In Part One, Title III, including the title and footnote no. 8
repealed.
18th Under the first heading of Title IV reads: "EQUAL TREATMENT AND NON-DISCRIMINATION
".
19th In § 16 para. 2, the word "law" is replaced by "Law ^ 108)."
Footnote. 108 reads:
'108) The Act no. 198/2009 Coll., On equal treatment and legal
means of protection against discrimination and amending certain laws
(Antidiscrimination Act). ".
20th § 18 reads:
"§ 18
(1) Legal action despite its flaws content deemed valid if
someone who is such an act of prejudice, invalidity unsuccessful, if not in § 19
otherwise specified.
(2) legal act invalid for defects in its content will not reach
whoever caused it himself. Nullity of the legal act can not be
to the detriment of employees, if invalidity caused solely by myself. ".
21st The heading of § 19 is repealed.
22nd § 19-21 added:
"§ 19
The court will take into account its own motion to the invalidity of a legal act,
A) which was not made freely, seriously, definitely and understandably,
B) has been made by a person legally incompetent or a person acting in
mental disorder that makes her unable to do the trick,
C) which undertakes to perform the impossible from the outset,
D) that contravenes the law or circumvents it, and while not filled
basic principles of labor relations,
E), which is contrary to good morals
F) establishing employee waives his rights
G), which had not been granted approval prescribed by the competent authority in
cases where it expressly provides that law or special act;
If required by law, that the legal action was the only competent authority
discussed, there is no legal act is invalid, even though this discussion
occurred.
§ 20
(1) Unless the legal act made in the form required by law or by agreement of the Parties
is invalid, unless the Parties this defect
subsequently removed.
(2) Unless the legal act by which arises or amending the basic
employment relationship (§ 3), made in the form required by law, the
Possible invalidity of the call only if it was not already started with the performance.
(3) Unilateral acts and collective agreements are defect of form
legal act always invalid.
§ 21
If there is the legal act invalid shame responsible for her
by this Act. ".
23rd The heading of § 22 is repealed.
24th § 22 reads:
"§ 22
Collective agreement for employees may conclude only
trade union organizations. ".
25th In § 23 paragraph 1 and 2 added:
"(1) A collective agreement is possible to adjust the wage or salary
rights and other rights of employees in labor relations, as well as
rights or obligations of the parties to this agreement.
(2) A collective agreement may conclude
employer or more employers, or one or more employers' organizations
on the one hand and one or more trade unions on the other. ".
26th In § 23 paragraph 3 is repealed.
Former paragraphs 4 and 5 become paragraphs 3 and 4
27th In § 23 para. 4 the word "participants" is replaced by "
Contracting Parties".
28th In § 24 para. 2, "is the conclusion of the employer" shall be
words "the employer must negotiate the conclusion."
29th In § 25 par. 1, the word "participants" is replaced by "
Contracting Parties".
30th In § 25 par. 3, after the word "submit" the words "
contracting parties to the collective agreement."
31st In § 26 paragraph 1 reads:
"(1) A collective agreement may be concluded for a definite or indefinite period
. If the expiry date in the first sentence
be subject to the conditions collective bargaining agreement must contain the latest period
its effectiveness. The collective contract can be terminated in writing soon after
expiry of 6 months from the date of its effectiveness. The notice period is at least 6
months and starts on the first day of the month following receipt of notice
other party. ".
32nd In § 26, paragraph 3 shall be added:
"(3) Upon termination of the contractual parties to collective agreements, acting as
employee ends of the Collective Agreement no later
last day of the following calendar year.".
33rd § 27-29 added:
"§ 27
(1) Corporate collective agreement shall not modify the rights of labor relations
employees to a lesser extent than
collective agreement of higher degree, otherwise it is invalid in this section.
(2) The collective contract must be in writing and signed by the contracting parties
on the same list.
§ 28
Collective agreement is prohibited by replacing especially unedited contract;
It is also prohibited to use the collective contract modification
Civil Code concerning covert legal act of unenforceability, acceptance,
revocation and withdrawal of the draft contract, the termination of
proposal for concluding the contract on Early and the late adoption of the proposal for the conclusion
contract by the time the contract and withdrawal.
§ 29
Parties collective agreements are required with the content of collective agreements
inform the employee within 15 days from its conclusion.
The employer is obliged to ensure that the collective agreement
accessible to all its employees. ".
34th In § 33 par. 2, after the words "or statutes" the words "
association of citizens under special legislation 109)".
Footnote. 109 reads:
"109). Act No. 83/1990 Coll., As amended.".
35th In § 34 paragraph 2 to 4 added:
"(2) The employment contract can withdraw only as long as the employee
failed to start work.
(3) does not start if the employee agreed day to work without him in it
prevented impediment to work or to the employer within a week (§ 350a)
know about the hazard, the employer may work contract
resign.
(4) The work contract must be in writing; the same applies to changing
employment contract and withdrawing from it. ".
36th In § 34, the following paragraph 5 is added:
"(5) Each Party shall receive one copy of the employment contract
.".
37th Under § 34 the following new § 34a and 34b are added:
"§ 34a
Unless the labor contract agreed upon regular workplace for the purposes
travel benefits, the department's regular place of work
agreed in the employment contract. However, if the place of work
Agreed broadly than one municipality is considered the regular workplace
community in which most employees begin routes for the purpose of
work. Regular workplace for travel expenses must be agreed
wider than one municipality.
§ 34b
(1) Employees must be assigned to work in a range
set weekly working hours, with the exception of working time accounts (§
86 and 87).
(2) An employee of another basic employment relationship with the same employer
may not perform work that are as generically defined
. For the employer, which is the state, the first sentence applies only
case the work is the same to the government. ".
38th § 35 including the title reads:
"§ 35
Trial period
(1) If a probationary period may not be longer than
A) 3 consecutive months from the date of commencement of employment (§ 36)
B) 6 consecutive months from the date of commencement of employment (§ 36) at
executive.
(2) The trial period can also be arranged in connection with the appointment of a senior
job (§ 33 par. 3).
(3) The trial period can be agreed later in the day, which was agreed
as the start date for work or on a day that was listed as day
appointment to the post of the executive.
(4) agreed trial period may not be subsequently extended. The time
-day obstacles in the work for which the employee does not take place
work during the probationary period, and full-day holiday period, however
probationary period is extended.
(5) The trial period must be agreed for longer than half agreed
duration of employment.
(6) The trial period must be agreed in writing. ".
39th In § 36 para. 1, the word "or" is replaced by the word "or".
40th In § 36, paragraph 2 is deleted, whilst repealing the designation of paragraph
first
41st In § 37 para. 1 point. g) and § 76 par. 5, the word "participants"
replaced by "Party".
42nd § 39 including the title and footnotes Nos. 17 and 18 reads:
"§ 39
Employment for certain
(1) The employment lasts indefinitely, unless explicitly agreed
its duration.
(2) Duration of employment for a definite period between the same
Contracting Parties shall not exceed 3 years from the date of first employment
fixed-term contract can be repeated more than twice. For repeat
employment for a definite period it is also considered and its
extension. If the end of the previous employment for
term expired three years, the previous employment relationship for some
between the same parties are taken into account.
(3) The provisions of paragraph 2 shall be without prejudice to the procedure under special legal regulations
when it is assumed that employment may last only for a certain period
^ 17).
(4) negotiate when the employer and the employee of employment for a fixed period
contrary to paragraph 2, and said if the employee
before the expiry of the agreed period the employer in writing, insisting that it | || also employed, true that it is the employment for an indefinite
. The proposal to determine whether the conditions set out in paragraph 2
, the employer and the employee filed with the court of
within 2 months from the date when the employment relationship had come to an end
expiry of the agreed period.
(5) The provisions of paragraph 2 shall not apply to a contract founding
employment for a fixed period agreed between the Agency work ^ 18)
employee to perform work for another employer (§ 307a, 308
and 309).
17) § 92 par. 2 Act no. 435/2004 Coll., As amended by Act no. 347/2010 Coll
.
18) § 66 of Act no. 435/2004 Coll. ".
43rd In § 40 para. 1 second sentence deleted.
44th In § 41 paragraph. 1 point. a) and b), § 52. d) and e) of § 56 par. 1
point. a) and § 235 paragraph. 3 point. c) the term "competent administrative authority
" is replaced by "competent administrative authority".
45th In § 41 paragraph. 1 point. d) and § 139 para. 1 point. b) the words
"administrative authority" is replaced by "public health authorities".
46th Under § 43 the following § 43a, including the heading and footnotes
fn. 110 reads:
"§ 43a
Secondment
(1) Agreement on the temporary assignment of an employee to another employer may
Employer with the employee concluded at the earliest after 6
months from the date of commencement of employment.
(2) The secondment of employees to another employer must be provided
consideration; It does not apply when it comes to reimbursement of expenses incurred by
paragraph 5.
(3) The agreement must specify the name of the employer, if a legal
person, or the name or names and surname of the employer, if
natural person to whom the employee temporarily assigned by day, when
secondment arises, the nature and place of work and the period for which the temporary assignment
agreed. The agreement can be concluded
regular workplace for travel expenses; to § 34a of the
not affected. The agreement must be in writing.
(4) During the period of secondment of employees to work for another employer requires the employee
behalf of an employer who
employee temporarily assigned the tasks, organizes, directs and controls
his job gives him the the purpose of binding guidelines
creates favorable working conditions and ensure the safety and health at work
employer to which the employee was seconded.
The employer may temporarily assigned to the staff
perform legal acts on behalf of an employer that the employee seconded.
(5) During the period of temporary assignment gives employees a wage or salary, or also
travel expenses employer that the employee temporarily assigned
.
(6) Job and wage or salary conditions of the employees temporarily
assigned to another employer shall not be worse than they are, or should
conditions were comparable employee of the employer to which the employee temporarily assigned
.
(7) Temporary assignment under paragraphs 1-5 end with the expiry of the period for which it was concluded
. Before this period ends
secondment agreement between the parties to the contract or termination agreements
temporary assignment for any reason or without cause with fifteen
notice period, which begins on the day on which the notice
delivered to the other party. The agreement on the termination of the secondment
or termination of this Agreement shall be in writing.
(8) on the temporary assignment is forbidden to use agency
employment.
(9) Adaptation of the secondment shall not apply in cases of deepening and upgrading of skills
^ 110).
110) For example, § 24 par. 2 of Act no. 563/2004 Coll., § 22 of Law no. 95/2004
., § 51 and 54 of Law no. 96/2004. ".
47th In § 44, the word "classified" is replaced by "shall include".
48th In § 45, first sentence, the words "enabling him" is replaced by "
is obliged to allow him" and the second sentence is replaced by the phrase "Work and
workplace in which employees transferred must be for employees
appropriate.".
49th In § 47, the words "ranks employer" replaced "is
employer is obliged to include them."
50th In § 49 paragraph 2 and 3 added:
"(2) An agreement on termination of employment must be in writing.
(3) Each Party shall receive one copy
agreement on termination of employment. ".
51st In § 50 paragraph 1 reads:
"(1) Termination of employment must be in writing.".
52nd In § 50 para. 4, the words ", otherwise it is invalid testimony" is deleted.
53rd In § 50 paragraph 5 reads:
"(5) Termination may be withdrawn only with the consent of the other party;
Appeal notice and consent to its appeal must be in writing. ".
54th In § 51 paragraph 1 reads:
"(1) If notice is given, will terminate their employment
expiry of the notice period. The notice period shall be the same for both employers and employees and
is at least two months, except under § 51a.
Notice period may be extended by a contract between the employer and the employee;
This contract must be in writing. ".
55th In § 51 paragraph. 2, the words "arising out of" the words "§
51a," and the words "§ 54 point. b) "is replaced by" § 54 point. C)".
56th Under § 51 the following § 51a is added:
"§ 51a
If it was notice given by the employee in connection with the transfer
rights and obligations arising from labor relations or transition exercise of rights
And obligations from labor relations, the employment relationship ends
later than the day preceding the effective date of the transfer of rights and obligations
of industrial relations or the effective date of transfer
exercise of the rights and obligations from labor relations. ".
57th In § 52, the full stop at the end of letter g) is replaced by a comma and
letter h), which reads:
"H) Should the employee particularly gross another obligation
employees specified in § 301a.".
'58. In § 53 par. 1 introductory part of the provision reads:
"It is forbidden to give notice to the employee at the time of the trade, it is".
59th In § 54, after letter a) a new point b), which reads:
"B) for organizational changes mentioned in § 52. b); It does not apply in the case
pregnant workers and workers who draws maternity leave, or
employees at a time when parental leave until after
which a woman is entitled to take maternity leave ".
Existing letters b) and c) are renumbered c) and d).
60th In § 54 letter d) reads:
"D) for any other violation of obligations arising from legislation
relating to the work performed [§ 52. g)] or any other breach of duty
employees specified in § 301a particularly gross [§ 52
point. h)]; It does not apply in the case of pregnant workers and workers
on maternity leave, or an employee or worker
who are on parental leave. ".
61st In § 56 point. b) the word "deadline" is replaced by "period".
62nd In § 56, the existing text becomes paragraph 1 and the following
paragraph 2, which reads:
"(2) An employee who immediately terminated the employment relationship, it is for the employer
wage compensation in the amount of average earnings for
period equivalent to the length of the notice period. For the purposes of compensation for wages or salary
apply § 67 para. 3. ".
63rd § 57 reads:
"§ 57
(1) breach of other obligations of employees specified in § 301a
particularly gross manner [§ 52. h)] can give the employee with notice
only one month from the day about the reason for termination
learned, but no later than 1 year from the date when such a reason for dismissal
arose.
(2) If it happens during one month in accordance with paragraph 1
employee negotiations, which can be seen as a violation mode temporarily unfit to work
insured under investigation by another institution, it is possible to give more notice
within 1 month of the date on which the employer learned about
outcome of this investigation. ".
64th § 60 reads:
"§ 60
In the immediate termination of employment and the employee, the employer must
factually determine its cause so that it can not be confused with another.
The reason may not be subsequently changed.
Immediate termination of employment relationship must be in writing. ".
65th In § 65 par. 1, "warns the employer" shall be replaced
"the employer shall notify".
66th In § 66 para. 1, second sentence, the words "However, the employer can not"
replaced by "an employer may not".
67th In § 66 paragraph 2 reads:
"(2) termination of employment during the probationary period must be made in writing
; employment will end on receipt of the cancellation, unless it
specifies a later date. ".
68th § 67 reads:
"§ 67
(1) Employees, among whom there is a termination notice given by the employer
reasons mentioned in § 52. a) to c) or
agreement for the same reasons, it is for the employer upon termination of employment
severance pay amounting to at least
A) one times their average earnings if his employment with the employer
lasted less than one year,
B) twice the average earnings if his employment with the employer
lasted at least one year and less than 2 years
C) three times the average salary if his employment with the employer
lasted at least two years,
D) the sum of three times its average earnings and the amounts referred to in subparagraphs
a) to c), if there is a termination of employment in
time when the employee is covered by the working time accounts procedure by
§ 86 par.
in the fourth period of employment is regarded as the duration
previous employment with the same employer, if the time since its completion
Until a next working ratio does not exceed 6 months.
(2) Employees, among whom there is a termination notice given by the employer
reasons mentioned in § 52. d) or by agreement of
same reasons, it is for the employer upon termination of employment
severance pay of at least twelve times average earnings. Was
If the employee terminated employment, not because
according to a medical report issued by the preventive care or decision
competent administrative authority which reviews the medical report, further
do present work for the accident or for diseases diseases
profession and employer completely relieved of its liability under § 367
paragraph. 1, severance pay under the second sentence employee is not entitled.
(3) For the purposes of severance pay to average earnings means the average monthly earnings
.
(4) Severance pay, the employer shall pay the employee after
employment in the next pay period specified by
employer for the payment of wages or salary, unless otherwise agreed in writing
with employee severance payment to the date of completion
employment or at a later date of payment. ".
69th In § 69 after paragraph 1 the following paragraph 2 is added:
"(2) Where the total time for which employees should lie with
wage compensation, six months, the court may, on a proposal
employer's obligation to compensate the wage or salary for the next period of time reasonably | || reduced; the court in its decision taking into particular consideration as to whether the employee
meanwhile employed elsewhere, what work they did and what
earnings reach or why not join to work. ".
Existing paragraph 2 shall be renumbered third
70th In § 69 par. 3, the words "unless the employer agrees otherwise in writing
" is replaced by "if the employer
agree in writing on another end of the day".
71st In § 70 para. 2 the words "if the employee agrees otherwise
" is replaced by "if the employee agrees in writing
at the end of another day".
72nd In § 71, second sentence, the word "can not" be replaced by "must".
73rd § 73 reads:
"§ 73
(1) In the cases referred to in § 33 par. 3, the person who is competent for the appointment
(§ 33 para. 4), a senior employee from the work place
appeal; senior employee may also waive this place.
(2) Where the employer is a different legal entity than that specified in § 33 paragraph
. 3 or a natural person may be a senior employee agreed
possibility of removal from post, if also agreed that
senior employee may waive this place.
(3) leading, pursuant to paragraph 2 are places
A) directly subordinate
First statutory body, if the employer is a legal person
Second employer, if the employer is a natural person
B) directly subordinate to a senior employee directly subordinate
First statutory body, if the employer is a legal person
Second the employer, if the employer is a natural person
condition that this senior employee is subordinate to the other leaders
employee.
(4) The appeal managerial employee pursuant to paragraph 2 may be carried out by
employer who is a legal entity, a statutory body and
employer who is a natural person, the employer. ".
74th Under § 73 the following § 73a is added:
"§ 73a
(1) An appeal or waiver of the job of the head of
must be made in writing. Work performance workspace manager
employee ends the day following the receipt of the appeal or waiver
this place, if no appeal or waiver of the job
specifies a later date.
(2) The withdrawal or abandonment of job management employee
terminate the employment; the employer is obligated to the employee
propose an amendment to its future employment status with employer
another job appropriate to his condition and competence.
If the employer does not have suitable job, or it
employee refuses, it is an impediment to work on the employer's side, while
true that the reason for dismissal pursuant to § 52. C); severance
Provided to employees during organizational changes belong just in case
termination of employment after removal from the post of Head
employee in connection with the cancellation of this place as a result of organizational changes.
(3) If the employment of a senior employee appointment based
changed or for a fixed period ends if his employment before the expiry
end (§ 48 par. 2). ".
75th In § 75 and § 76 par. 1, the number "150" is replaced by "300".
76th At the end of § 75, the sentence "In the contract of work must be
specify the period for which this agreement is concluded.".
77th In § 76 par. 5, the words "other party" is replaced by "second
Party".
78th In § 77 par. 1 of the sentence before the semicolon reads: "Agreement on the implementation
job and agreement to perform work must be done in writing."
79th In § 77 paragraph 2 reads:
"(2) Unless this Act further stipulates otherwise, the work
held on the basis of agreements on work performed outside employment arrangement
for work in an employment relationship; It does not apply when it comes to
A) transfer to another job and relocation,
B) temporary assignment,
C) severance
D) working time and rest periods; performance of work may not exceed 12
hours within 24 consecutive hours,
E) obstacles to work on the employee side,
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) reimbursement of travel expenses. ".
80th In § 77 par. 3, second sentence, the words "agreements" the words
"performance of work and agreements".
81st In § 78 para. 1 letter j) shall be deleted.
Existing letters k) and l) shall become letters j) and k).
82nd In § 78 para. 1 letter a) reads:
"K) employee working at night employee who worked, during
night time at least 3 hours of his working time within 24 hours after
consecutive on average at least once a week during the period referred to in § 94 | || paragraph. 1 ".
83rd In § 78 at the end of paragraph 1, subparagraphs l) am) that
added:
"L) uniform working time pattern layout, in which the employer
schedules for individual weeks
weekly working time, or shorter working hours,
M) uneven layout of working time at which
employer rather than distributing them evenly over the individual weeks set
working week or shorter working hours, that
average weekly working time must not exceed the prescribed weekly
working hours or shorter working hours, for a maximum period of 26
consecutive weeks. Only a collective agreement may define this period
maximum of 52 consecutive weeks. ".
84th In § 79 par. 1 and 2, the words "shall not exceed"
replaced by the word "is".
85th In § 79a, the words "more", the word "basic" and
words "second sentence" is deleted.
86th § 80 including the title reads:
"§ 80
Shorter working hours
Shorter working hours below the range specified in § 79
can be negotiated only between employer and employee.
The employee wage or salary corresponding to the agreed shorter working hours. ".
87th In Part Four, Title II, Part 2 designation including the title and repeals the existing
parts 3 and 4 are renumbered as Parts 2 and 3
88th § 82 is repealed.
89th § 83 and 84 are added:
"§ 83
Shift length should not exceed 12 hours.
§ 84
The employer is required to develop a written schedule of weekly working time and
familiar with him or his staff change at least 2 weeks
and in the case of working time account one week before the start of the period for which the working hours
divided if the employee agrees to another
time acquaintance. ".
90th § 84a is deleted.
91st § 85 reads:
"§ 85
(1) Flexible working time patterns include timeshares
basic and optional working time, which determines the beginning and end employer.
(2) The basic working hours the employee must be at work.
(3) Within optional working hours the employee himself chooses
beginning and end of working hours. The total length of a shift may not exceed 12 hours.
(4) When flexible working patterns should be the average weekly working hours
filled in the buffer period determined by the employer,
no longer than the period specified in § 78 para. 1 point. m).
(5) Flexible scheduling of working hours does not apply
A) during a business trip employee
B) when necessary, urgent security work assignment in the inning
whose beginning and end are fixed, or if they prevent its utilization
operational reasons, and at the time of important personal obstacles at work, after
which the employee is entitled to wage compensation under § 192 or
benefits under the regulations on health insurance, and
C) in other cases determined by the employer.
(6) In the cases referred to in paragraph 5 shall apply to employees
pre-set layouts weekly working hours in shifts that
employer for this purpose shall determine. ".
92nd In § 86 paragraph 1 reads:
"(1) The account of working hours is a way of working patterns which may
implement a collective agreement or an internal regulation for the employer with whom
no trade unions.".
93rd In § 86, the following paragraph 4 is added:
"(4) Only if it is agreed in a collective agreement, the work can be
overtime worked in working time account in the compensation period
agreed in the collective agreement, which shall not exceed a maximum of 52 weeks after themselves
going to the extent of not more than 120 hours counted as working time
only immediately following balancing period. ".
94th In § 87 paragraph 3 is deleted.
Former paragraph 4 becomes paragraph 3
95th In § 87 par. 3, the words "shall be treated" is replaced by "must be assessed
".
96th In § 91, after paragraph 4 the following paragraph 5 is added:
"(5) days of rest, the employer may be ordered only performance
work referred to in paragraphs 3 and 4, no more than twice during the 4
consecutive weeks by exercising in the working time accounts procedure | || according to § 86 par. 4. '.
The former paragraph 5 is renumbered paragraph 6.
97th In § 92 paragraph. 1, the words "during any period of seven consecutive calendar days
" are deleted.
98th In § 93a paragraph. 4 point. a) the words "otherwise it is invalid," are deleted.
99th In § 93a paragraph. 4 point. d) the words "and delivered to the other party"
deleted.
100th In § 93a paragraph. 4 point. e) the words "and served on the party '
deleted.
One hundred and first In § 96 para. 1 introductory part of the provision reads:
"The employer is obliged to keep records of individual employees with
marking the beginning and end."
102nd In § 96 para. 1 point. a) Section 1 reads:
"1. shift [§ 78 para. 1 point. C)],".
103rd In § 98 paragraph. 2, § 120 para. 1 and § 121 par. 1, "
§ 87 paragraph. 4 "is replaced by" § 87 par. 3 ".
104th In § 101 paragraph. 6, the word "paid" is replaced by "
is obliged to pay."
105th In § 102 para. 4, third sentence, the words "leading employer" shall be
words "the employer is obliged to maintain".
106th In § 102 para. 5 of the introductory part, the words "based
employer" replaced by "the employer is bound to follow."
107th In § 102 para. 6 of the first sentence, the word "accept" is replaced by "
is obliged to accept" and the third sentence, the word "ensure" is replaced
"shall ensure".
108th In § 103 paragraph. 1 final, the words "should ensure
" replaced by "must be ensured".
109s. In § 103. 2 second sentence of the introductory part, the words
"the employer shall ensure" replaced by "the employer is obliged to ensure
".
110th In § 103 paragraph. 3, the word "determined" is replaced by "shall determine
".
111th In § 104. 2, the words "provided by the employer" shall be replaced
"the employee from the employer."
112th In § 104. 5, the first sentence the words "
employer provides employees" are replaced by "the employee from the employer."
113th In § 105 para. 1, the second sentence is replaced by the sentence
"The work injury employees of another employer, the employer
first sentence shall without undue delay notify the employer
the injured employee, allow him to participate in the explanation of the causes and circumstances of
accident at work and familiarize him with the results
this clarification. ".
114 respectively. In § 105 para. 2 and § 105 para. 6, the word "results" is replaced
"is obliged to maintain".
115th In § 105 para. 3 of the introductory part, the words "Employer
prepares and maintains records" are replaced by "The employer is obliged to prepare
records and conduct" and the second sentence, the words "before
employer" shall be the words "the employer is obliged to pass."
116th In § 105, paragraph 7 reads:
"(7) The government orders
A) the manner of keeping records of injuries in accidents book,
B) reporting accidents,
C) producing and sending records of injuries and the accident record - report
changes
D) authorities and institutions to notify of an accident at work sent
record of injury and an injury report - reporting changes,
E) what constitutes a fatal work injury for statistical purposes
F) the pattern of the accident record and pattern of an injury - reporting changes. ".
117th In § 108 paragraph. 1, the words "have the right to participate" shall be replaced
"must not be deprived of the right to participate."
118th In § 108 paragraph. 5, the words "in agreement with the unions and"
words "with the consent" and the word "deputy" is replaced by
"representative".
119th Heading the sixth part reads: "pay, bonuses for work readiness and
deductions from income from the basic employment relationship".
120th In § 111 paragraph. 1, the words "employment relationship referred to in § 3, second sentence
" is replaced by "the basic employment relationship according to §
3".
121st In § 113, paragraph 1 reads:
"(1) The salary is agreed in the contract or the employer provides internal
regulation or determines the salary assessment, unless provided for in paragraph 2
otherwise.".
122nd In § 114 paragraph 3 reads:
"(3) Achieved salary and a bonus or compensatory time off under paragraphs 1 and 2
is not, if the wage is negotiated (§ 113), already taking into account the potential
overtime. Wages taking into account the possible overtime can arrange
so, if at the same time determine the extent of overtime work, which is made
when negotiating wages taken into account. Salary with regard to any work overtime
is possible to arrange a maximum of 150 hours of overtime per calendar year
and managerial employees (§ 11)
within the total scope of overtime work (§ 93 par. 4). ".
123rd In § 116 and § 118 paragraph. 1, the second sentence is replaced by the phrase "It is not possible to arrange another
minimum amount and method of determining the premium.".
124th In § 120 after paragraph 1, the following paragraph 2 is added:
"(2) Applies if the working time accounts procedure pursuant to § 86 par. 4,
the employee for each calendar month in salary stable
monthly amount which shall not be less than 85% of his average earnings. ".
Existing paragraph 2 shall be renumbered third
125th The heading of § 122 reads: "Identifying and negotiating salary."
126th In § 122 paragraph. 1, "the employee with"
replace the words "employees of the employer, unless in paragraph 2 otherwise stated, and it
".
127th In § 122 the following paragraph 2 is added:
"(2) A staff member assigned to the thirteenth and higher grade
employer can negotiate pay a fixed monthly sum, which will
into account all aspects, according to which set
individual components of salary under this Act which would otherwise employees created
right, or that he could provide the employer (hereinafter
"contractual salary"). Besides the contractual wage employees not entitled to any folder
salary. Providing compensation and target bonus (§ 134 and 134a)
not affected. Contract for contractual salary must be made in writing; Content
contract shall apply mutatis mutandis § 136. ".
Existing paragraph 2 shall be renumbered third
128th In § 122 paragraph. 3, after the words "salary determined" the words "or
with it negotiates contractual salary".
129th In § 123 at the end of paragraph 5 sentence "Salaries tariffs
rounded to the nearest dime up.".
130th In § 123 paragraph. 6 letter a) shall be deleted.
Existing letters b) to g) are marked as letters a) to f).
131st In § 123 paragraph. 6 point. e) the words "or which may
employer to negotiate contractual salary" shall be deleted.
132nd In § 123 paragraph. 6 letter f) reads:
"F) pay scale for the calendar year by
Paragraph 5, usually with effect from the beginning of the calendar year
so that the pay scales for each grade were at least
grade salary scale in the monthly CZK 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. ".
133rd In § 127 paragraph. 2, after the word "personal" the word "bonus",
word "and" is replaced by a comma and the words "special bonus" is
words "extra pay for work in difficult environment ".
134th In § 127, paragraph 3 shall be added:
"(3) The employee who is entitled surcharge for management under § 124
salary is determined by taking into account the possible overtime in the range of 150
hours per calendar year. It does not apply to overtime work done at night,
rest day or time on call. The salary
manager, which is the statutory body or the head
organizational unit, is always taken into account all the overtime. ".
135th Under § 134, the following new § 134a, including the heading reads:
"§ 134a
Target reward
To meet predetermined extremely demanding task, whose
preparation, ensuring gradual and final implementation will be in terms of scope
particularly significant employer, the employer may
employees who meet its immediate or significant || | participates, provide targeted rewards. The amount of remuneration shall notify the employer
together with evaluable or measurable indicators before starting
mission. Target reward the employee in the amount determined by the employer
depending on performance indicators end when his
employment before completing the specified task. ".
136th In § 136 paragraph. 1 at the end of the text of paragraph 1, the words ";
This obligation does not have an employer against an employee with whom
negotiated contractual salary ".
137th In § 136 paragraph. 3, the words "(§ 122 paragraph. 2)" is replaced by "(§ 122
par. 3)."
138th In § 141 paragraphs 3-5 added:
"(3) The regular term of the wage or salary to be negotiated,
established or designated within the period referred to in paragraph 1
(4) The employer shall pay the employee before embarking
holiday wages or salary payable during leave or when the term
payment for the holiday period if the employee agrees on another
disbursement dates. If this technique does not allow for the calculation of wages or salaries,
is obliged to pay a reasonable deposit and the remaining amount of wages or salary
is obligated to pay him the latest in
next regular payday or salary following the holiday.
(5) Upon termination of employment, the employer shall pay the employee
at his request, the pay per monthly period for which
it a right, on the day of termination of employment.
If this technique does not allow the calculation of wages or salaries, the employer is obliged
pay him a wage or salary not later than the next regular term
wage or salary following the date of termination of the employment relationship
. ".
139th In § 142, paragraph 1, including footnote no. 50 reads:
"(1) wage or salary, the employer shall pay the employee
statutory cash ^ 50).
50) § 16 para. 1 of Law no. 6/1993 Coll., On the Czech National Bank. ".
140th In § 142 paragraph. 3 at the end of the text of the first sentence the words "or
unless this act further provides otherwise."
141st In § 142, after paragraph 3 the following paragraph 4 is added:
"(4) The employer with complex operational conditions for the payment of wages or salary
if the payment is difficult or impractical, may
send employees a wage or salary at its expense and risk, and so || | to have them available to the employee not later than the date set for their
payment. ".
Former paragraphs 4 and 5 shall be renumbered paragraphs 5 and 6
142nd In § 143 par. 1, "At the request of the employee" shall be replaced
"Based on the agreement with the employee," and the words "point out the amount determined
employee at his own expense and risk to an employee account at a bank or
savings and loan association "with"
pay an amount determined by the employee at his own expense and risk to a payment account
dedicated employee. "
143rd In § 144, the words "and 142" is replaced by "142 and 143".
144th In § 145 para. 1, "an employee of"
replaced by "an employee of a basic" and the words "second sentence" is deleted.
145th In § 145 at the end of paragraph 2 is replaced by a comma and
point f) is added:
"F) remuneration pursuant to § 224 paragraph. 2. '.
146th In § 146 introductory part of the word "may" is replaced by
"laugh".
147th In § 147 paragraph. 1 introductory part, the words "is entitled"
replaced by the word "may" and end with the word "only".
148th In § 148 paragraph. 1 after the word "implement" the word "only".
149th In § 148 paragraph. 2 "can be done"
replacing the words "may be made".
150th Part Seven headline reads: "REIMBURSEMENT OF EXPENSES IN CONNECTION WITH THE PERFORMANCE OF WORK
".
151st In § 152 at the beginning of subparagraph c) the word "extraordinary" and
word "extraordinary" is repealed.
152nd In § 152 Point d) a new point e), added:
"E) secondment (§ 43)."
Existing letters e) and f) are renumbered f) and g).
153 above. In § 154, second sentence, the word "trip" the words "from the Czech Republic
" after the word "arrival" the words "to the Czech Republic" and
word "aircraft" is deleted.
154th In § 157 paragraph. 1, the word "compensation" is replaced by "compensation" and
words "provided by the employer" shall be replaced with the word "belongs".
155th In § 157, Paragraph 5 reads:
"(5) Basic compensation for trucks, buses or tractors
the employee is at least equal to twice the rate provided for in paragraph 4
point. b). ".
156th In § 159 paragraph. 1, the word "compensation" is replaced by "compensation" and
words "provided by the employer" is replaced by "
for the employees."
157th In § 159 at the end of paragraph 2 sentence "
reimbursement of travel expenses is not for employees if the employer ensures employees
use of local public transport in a manner to which employee does not contribute financially
.".
158th In § 161, paragraph 1 reads:
"(1) if the business trip is longer than 7 calendar days for the employees
reimbursement of travel expenses to visit a family member in his
residence or to another prearranged place of residence of a family member back
in the amount and under the same conditions as in § 157-160 that
employer provide the employee reimbursement of travel expenses up to a maximum amount corresponding
driving expenses to the place of work or
regular workplace or residence in the Czech Republic . For
limiting is considered to be the amount that the employee
best. ".
159 aircraft. In § 162 paragraph. 1, "The employer shall provide the employee
compensation" is replaced by "The employee compensation".
160th In § 163 paragraph. 1, "the employer provides"
replaced by the word "belongs".
161st In § 163 paragraph. 2 introductory part of the words "does not contribute financially
" the words "(hereinafter the" free food ")" and the words "
employer is entitled for any given meal per diems shortened by up to || | value "are replaced by" the employee meal allowances reduced
for each free meal to the value. "
162nd In § 163 paragraph. 3, "or the extent of its reduction
under paragraph 2" is deleted at the end of paragraph 3 the following sentence "if not cured
employer or employee tells you before posting a lower value
reduction in per diems , the employee meal allowances reduced by
highest value stated in paragraph 2. ".
163rd In § 163 paragraph. 7 and § 170 paragraph. 8, "not participants"
replaced by "shall be prohibited".
164th In § 164 first sentence the words "The employer shall provide the employee
compensation" is replaced by "The employee compensation" and the second sentence
words "the employer will pay" is replaced by "belongs
replace him."
165th In the seventh, Title II, Part 2 headline reads: 'Refunds on transfer and secondment
".
166th In § 165 paragraph. 1 first sentence, the word "translated" the words
"or temporarily assigned to another employer" and "give him
employer" is replaced by "belongs to him."
167th In § 165 paragraph. 2 first sentence, the word "transfer" the words
"or temporary assignment" and "employer provides"
is replaced by the word "belongs" and in the second sentence, the words "provided
employer "replaced by" the employee ".
168th In § 166 paragraph. 1 introductory part of the words "in § 163"
words "with the exception of paragraph 4,".
169. In § 167, the words "reimbursement of travel expenses provided by the employer"
replaced by "Reimbursement of travel expenses belongs."
170th In § 168, first sentence, the word "employer provides employees
compensation" is replaced by "the employee compensation".
171st In § 169, the words "The employer shall provide the employee compensation,"
replaced by "The employee compensation".
172nd In § 170 paragraph. 1, "The employer shall provide employees'
replaced by" The employee ".
173rd In § 170 paragraph. 3 first sentence the words "The employer shall provide employees
" is replaced by "The employee" and the number "12"
replaced with the number "18" in the second sentence, the number "6" is replaced by " 12 '
and the number "12" is replaced by "18", the words "half of the amount" is
replaced by "two thirds", the word "quarter" is deleted
after the word "amount "the words" one third "and end with
words", or more than five hours when employees
arises under way in the Czech Republic the right to subsistence under § 163 or § 176
" .
174th In § 170 paragraph 5 reads:
"(5) If the employee during business trips abroad
provided free meals, the employee food allowance in the amount of foreign
basic rate of reduction for each free meal to the value
A) 70% of the foreign meal allowance, if it is a foreign meal allowance in the Third
standard rate
B) 35% of the foreign meal allowance, if it is a foreign meal allowances in
two-thirds of the standard rate
C) 25% of the foreign meal allowance, if it is a foreign meal allowance in the amount
base rate.
If the employer has not cured a lower value reduction of foreign meal allowance, or it does not specify
before sending employees on business trips abroad, the employee
foreign meals less the highest value
laid down in the first sentence. ".
175th In § 171, the words "The employer shall provide the employee compensation,"
replaced by "The employee compensation".
176th In § 172, first sentence, the words "the employer" shall be
word "belongs" and the word "days" with the word "first" and the second sentence
words "provided by the employer and employee compensation" is replaced || | words "the employee as compensation."
177 cells. In § 176 paragraph. 1 introductory part, the words "paragraph. 1
not "replaced by" paragraph. 1-3 apply "and the second sentence, the words
" The employer shall provide the employee "is replaced by" Staff
belongs. "
178th In § 176 paragraph 3 reads:
"(3) If employees granted during the mission
free food, the employee meal allowances reduced for each free meal on value
A) 70% of the subsistence allowance, if the business trip 5-12 hours,
B) 35% of the subsistence allowance, if the business trip lasts longer than 12 hours, the longest 18 hours
however,
C) 25% of the subsistence allowance, if the business trip is longer than 18 hours. ".
179th In § 176, paragraphs 4 and 5 are added:
"(4) Meal employee is not entitled, if he during the mission, which lasts
A) 5-12 hours, were given two free meals,
B) from 12 to 18 hours, were given three free meals.
(5) If the employer has not cured or writting before sending employees on business trips
amount of subsistence allowance, the employee meal allowances amounting
lower rate margins in paragraph 1 ".
180th In § 177 para. 2 second sentence and § 187, the third sentence shall be deleted.
181st In § 179 paragraph. 1, first sentence, the words "in the first sentence" the words
"and paragraph 5," and in the second sentence the words "The employer provides the employee
" is replaced by "The employee".
182nd In § 179, paragraphs 3 and 4 are added:
"(3) If the employee during foreign business trips abroad
Received free meals, the employee is foreign meal allowance
reduced for each free meal on value
A) 70% of the foreign meal allowance, if it is a foreign meal allowance in the Third
standard rate
B) 35% of the foreign meal allowance, if it is a foreign meal allowances in
two-thirds of the standard rate
C) 25% of the foreign meal allowance, if it is a foreign meal allowance in the amount
base rate.
(4) Foreign workers not entitled to per diems if he
during business trips abroad, which lasts
A) 5-12 hours, were given two free meals,
B) from 12 to 18 hours, were given three free meals. ".
183rd In § 181 first sentence, the words "provided by the employer" shall be
word "belongs".
184th In § 183 paragraph. 3 first sentence and § 183 paragraph. 5, the first sentence
word "otherwise" is replaced by "at another time."
185th In § 183 paragraph. 5, the word "participants" is replaced by "
Contracting Parties".
186th In § 191, the word "apology" is replaced by "shall apologize,"
words "under § 115 of the Civil Code", the words "under § 25 of the
sickness insurance or" and the words "in § 25 of the Act
about health insurance or employee "shall be deleted.
187th Footnote. 58 reads:
"58) Act no. 187/2006 Coll., As amended.".
188th Footnote. 60 is deleted, including links to
footnote.
189th In the heading of § 192, the words "contract for work"
replaced by "agreements on work performed outside the employment relationship."
190th In § 192 paragraph. 2, second sentence, the word "same" is replaced by
"similar" and the third sentence, the word "belong" is replaced by
"belongs".
191st In § 192 paragraph. 4 the words "reducing" replaced by "must be reduced
".
192nd In § 192 at the end of paragraph 5 sentence "Compensation of wages or salary
not be reduced or withheld if it was for the same violation
mode temporarily incapable insured employees
given notice pursuant to § 52. h). ".
193rd In § 193 first sentence, the words "to provide"
replaced by the word "belongs", the words ", and that" is replaced by "and must be paid,"
in the second sentence, the word "declare" is replaced by " identify "and" it is necessary to submit
"is replaced by" must be submitted. "
194 cm. In § 194 first and second sentences, the words "agreements" the words
'work or agreements ".
195th In § 195 paragraph. 3, second sentence, the words "to provide"
replaced by the word "belongs".
196th In § 196, second sentence, and § 197 paragraph. 2 and 3, the words "to provide"
replaced by the word "belongs".
197th In § 197 paragraph. 3, first and third sentence the words "parental leave provides
" is replaced by "parental leave belongs."
198th In § 198 paragraph. 2 and § 199 paragraph. 1, second sentence, the word '
provide "be replaced by" belongs ".
199th In § 198 paragraph. 4 the words "provides a"
replaced by the word "belongs".
200th In § 199 paragraph. 2, "to provide"
replaced by the word "belongs".
Two hundred and first In § 200 first sentence the words "The employer shall provide employees'
replaced by" employees from the employer belongs. "
202nd In § 203 para. 2 point. d) second and third sentence, and § 203 para. 2
point. e), third sentence, the words "provides a"
replaced by the word "belongs".
203rd In § 204 Para. 1 and 2, the words "Employer absences
employees at work" is replaced by "The employee from the employer
time off work."
204th In § 206 paragraph. 1, second sentence, the words "inform employees"
replaced by "the employee must notify".
205th In § 206, paragraph 3 is deleted.
Former paragraphs 4 and 5 become paragraphs 3 and 4
206th In § 206 paragraph. 4 the words "paragraph 4" is replaced by "paragraph 3
".
207th In § 208, the words "the employer will pay"
replace the words "he shall refund".
-208. In § 209 paragraph. 2, the word "may" is replaced by "must" at the end
paragraph the words "; If does not at the employer
trade union organization, the agreement may be replaced by an internal regulation ".
209th In § 209, paragraph 3 is deleted.
210th In § 210 paragraph. 1, second sentence, the words "the employer will pay
" are replaced by "he shall refund".
211th In § 212, paragraph 4 reads:
"(4) If the employee have long been fully released for public
function is required to leave his or her part to provide
legal or natural person to whom the employee relaxed active;
this legal or natural person is obliged to provide him with that part
also leave you exhausted before releasing. If an employee has not used
leave before the expiry of the period of release, he is obliged to provide it
releasing the employer. Fulfilment of the conditions for the right to leave
yet to be assessed fairly for the time before and after the release. ".
212th In § 214, the word "belong" is replaced by "belongs".
213th In § 216, paragraph 1 is deleted.
Paragraphs 2 to 5 shall be renumbered 1 to 4
214th In § 216 par. 2 "is a work performance is examined in"
replaced by 'does not work for performance. "
215th In § 217 paragraph. 1, the first sentence is replaced "While on vacation
employer is obliged to determine by a written schedule of drawing holiday
issued with the prior consent of the trade unions and the council
employees so that holiday could be exhausted as a rule
in its entirety and the end of the calendar year in which the right to leave arose when the
this Act stipulated otherwise. "and the second sentence, the word
'determination' is replaced by 'destination'.
216th § 218 reads:
"§ 218
(1) the leave under § 211 employees, the employer shall determine
so exhausted holiday in the calendar year in which
employees entitled to leave was made, unless the employer that
, obstacles at work for the employees, or
urgent operational reasons.
(2) If a holiday to be exhausted in accordance with paragraph 1, the employer is required to determine
her employees to be taken no later than
end of the following calendar year, unless stated in paragraph 4
otherwise.
(3) If the leave specified later than 30 June
following calendar year, has the right to designate the leave as well
employee. The leave, the employee shall be notified in writing
employer for at least 14 days in advance, unless otherwise agreed with the employer
other time of notification.
(4) If holidays are exhausted or until the end of the following calendar year
because an employee was recognized temporarily unable to work or
due to maternity or parental leave, the employer must determine
time the leave after
these obstacles at work. ".
217th § 220 reads:
"§ 220
The employer may, in agreement with the unions and with the consent of the council
employees to determine the mass of leave only if it is
essential for operational purposes; Bulk annual leave may not be
more than two weeks and four weeks of artistic groups. ".
218th In § 222, paragraph 2 reads:
"(2) The employee is entitled to any wage compensation for untaken leave
only in case of termination of employment.".
219th In § 222, paragraph 4 is repealed.
Former paragraphs 5 and 6 shall be renumbered 4 and 5.
220th In § 224, paragraph 1 reads:
'(1) Employers are obliged to make employees work
conditions that allow safe performance of work, and in accordance with
special legislation to provide for employees racing
preventive care. ".
221st In § 224 paragraph. 2 point. a) the words "upon reaching 50 years of age"
replaced by "the life or working anniversary."
222nd § 225 including footnote no. 73 reads:
"§ 225
Employer who, pursuant to a special legal předpisu73)
creates a fund cultural and social needs, co-decides with the unions about
allocation to this fund and its utilization.
73) Decree no. 114/2002 Coll., On fund cultural and social needs,
amended. ".
223rd In § 227 of the introductory part of the provision reads: "Professional staff development
includes'.
224 '. In § 229 paragraph. 1, the word "secure" is replaced by "
are obligated to secure."
225th In § 230 paragraph. 4 the word "paid" is replaced by "
is obliged to pay."
226th In § 230 paragraph. 5 and § 231 paragraph. 3, the words "Special legal regulations
^ 74)" are replaced by "Special regulations ^ 110)."
227th Footnote. 74 is deleted.
228th In § 233 introductory part of the word "follows" is replaced
"is entitled to watch."
229th In § 234 paragraph. 4, § 252, paragraph. 3, § 255 paragraph. 4, § 263 paragraph. 2 and §
308 para. 2 the words "to be valid" are deleted.
230th In § 235 paragraph. 3 point. c) the word "body" is replaced
"competent authority".
231st In § 238, paragraph 1 is deleted.
Paragraphs 2 and 3 shall be renumbered 1 and 2
232 interface. In § 238 paragraph. 1, "workers shall not be employed"
replaced by "The employee is prohibited to employ".
23.3. In § 238, paragraph 2 reads:
"(2) It is prohibited to employ a pregnant employee, worker
who are breastfeeding and employee-mother to the ninth month after childbirth
work for which they are not disabled by a doctor
eligible.".
234th In § 241 paragraph. 3 first sentence, the words "An employer may not"
replaced by "prohibited".
235th In § 242 paragraph. 3, "providing a"
replaced by the word "belongs".
236th In § 245 paragraph. 1, "An employer may not employ juveniles
employees" are replaced by "shall be prohibited to employ juveniles
employees."
237th In § 245 paragraph. 2, the words "Not if the employer" shall be replaced
"If it is forbidden."
238th In § 246, paragraph 1 reads:
"(1) It shall be prohibited to employ juveniles employees work underground at
mineral extraction or tunneling.".
239th In § 246 Para. 2, "Juvenile workers shall not be employed
" is replaced by "shall be prohibited to employ juveniles
employees."
240th In § 246 Para. 3, the words "Employers must not be" replaced
"prohibited".
241st In § 247 paragraph. 3 words "governed by the employer" shall be replaced
"The employer is obliged to follow".
242nd In § 248 paragraph. 2, "according to § 11 of the Civil Code" are deleted.
243rd In § 249 paragraph. 2 and § 376 paragraph. 2, the words "under § 116 of the Civil Code
" are deleted.
244th In Part Two, Title II, the title of Section 3 and the title of Section 2
word "subjects" is replaced by "things".
245th In § 252, after paragraph 2 the following paragraph 3 is added:
"(3) If the employee eligibility to legal capacity is restricted or
if it was deprived of her, not for his representative to conclude an agreement on
responsibility.".
Former paragraphs 3 and 4 become paragraphs 4 and 5.
246th In § 253 paragraph. 1 and the third sentence of § 256 paragraph. 1, the second sentence
replaced by 'Withdrawal in the first sentence must be made in writing
. ".
247th In § 254 paragraph. 1, "Inventory is carried out" shall be
words "Inventory employer is obliged to perform."
248th In § 254 paragraph. 2, "the inventory carried out" shall be
words "The employer is obliged to carry out an inventory."
249th In § 255 paragraph. 1, 3, 4 and 5, § 256 paragraph. 1 and 2 and § 259
word "subjects" is replaced by "things".
250th In § 255, paragraph 2 reads:
"(2) The case referred to in paragraph 1, the price of which exceeds CZK 50 000, may be
employees entrusted only to an agreement on liability for loss
conferred things.".
251st In § 255, after paragraph 3 the following paragraph 4 is added:
"(4) If the employee eligibility to legal capacity is restricted or
if it was deprived of her, not for his representative to conclude an agreement on liability for loss entrusted
things.".
The former paragraphs 4 to 6 shall be renumbered 5 to 7
Was 252. In with § 268 para. 2 in the second sentence, the words "pay employer"
replaced by "the employer is obliged to pay."
253rd Part Twelve headline reads: "informing and consulting
POWERS OF TRADE UNIONS, THE COUNCIL OF EMPLOYEES AND AGENT FOR THE SAFETY
AND HEALTH AT WORK".
254th In § 276 paragraph. 1 the words "Employees" shall be inserted
"basic" and the words "second sentence" is deleted.
And 255. In § 276, the following paragraph 9 is added:
"(9) The employer shall discuss with the employee or his
request a trade union or council employee or representative
The area of occupational safety and health complaint
employees on exercise of the rights and obligations arising from labor relations. ".
256th In § 279 paragraph. 1 point. c) after the word "relationship," the words "o
principal activity of the employer under the code classification of economic activities
^ 111)."
Footnote. 111 reads:
'111) § 7 para. 1 of Law no. 2/1991 Coll., As amended by Act no. 225/2005 Coll.
§ 18 paragraph. 1 and § 19 of Act no. 89/1995 Coll., On State Statistical Service,
amended by Act no. 220/2000 Coll. and Act no. 411/2000 Coll. ".
257th In § 279 paragraph. 3, the words "(§ 2 para. 5)" is replaced by "(§
307a)."
258th In § 281 paragraph. 1, third sentence, the word "is" is replaced by "must be
".
259th In § 281 paragraph. 3, the words "works council, or" are deleted.
260th In § 283 paragraph. 3 point. a) the word "determined" is replaced by
"determined".
261st In the twelfth heading of Title IV reads: "SCOPE TRADE ORGANIZATION
".
262. In § 286 the following paragraphs 1-4, including note
footnote. 112 added:
"(1) Trade unions are entitled to act in
labor relations, including collective bargaining under this Act
under conditions established by law or negotiated in a collective agreement.
(2) A trade union is the body designated by its statute ^ 112).
(3) A trade union work with the employer and has the right to act
only if authorized to do so by the statutes and at least three of its members are
with an employer in an employment relationship; collectively negotiate and conclude collective agreements
could under these conditions a trade union or
its organizational unit that has the right to act on behalf of the trade union organization
.
(4) Authorization trade unions at the employer arise
day following the date on which the employer announced that qualifies
accordance with paragraph 3; ceasing to trade union organizations meet these conditions
, it is bound to the employer without undue delay.
112) § 6 para. 2 point. d) Law no. 83/1990. ".
Existing paragraphs 1 and 2 shall be renumbered paragraphs 5 and 6
263rd In § 297 paragraph. 1, the words "§ 286 paragraph. 2" is replaced by "§ 286
paragraph. 6 '.
264th In the thirteenth Title II reads: "ESSENTIAL DUTIES
employees and management resulting from employment
or agreements on work performed outside employment, OTHER OBLIGATIONS
STAFF, SPECIAL DUTIES OF EMPLOYEES AND CERTAIN OTHER PERFORMANCE || | employment '.
265th Under § 301, the following new § 301a, including the heading reads:
"§ 301a
Other obligations of employees
Employees in the first 14 calendar days in the period from 1
January 2011 to 31 December 2013 during the first 21 calendar days
duration of temporary incapacity obliged to observe the established regime
temporarily incapable insured regarding the obligation to remain on
temporarily out of work in a given place and time and observe the extent permitted
walks by the Health insurance Act ^ 107). ".
266th In § 304 paragraph. 1 the words "performed in"
insert the word "basic".
267th In § 305 paragraph. 1, the second sentence deleted.
268th In § 305 paragraph. 5, the words "right of" replaced by "the law of
base" and the words "second sentence" is deleted.
269th In § 306 paragraph. 1, the second sentence deleted.
270th In the thirteenth heading of Title IV is:
'Payroll, wage and other rights. "
271. In § 307 paragraph. 1, the word "or" is replaced by the word "or".
272nd In the thirteenth in the head in the following § 307a, which reads:
"§ 307a
For dependent work according to § 2 shall also be cases where the employer
subject to authorization under a special law (hereinafter
"agencies") temporarily assigns its employees to work for another employer
based on the agreement in the employment contract or agreement
work, which the labor agency undertakes to provide its employees
temporary performance of work under contract or
agreement to perform work for the user and the employee undertakes this
work held by the user instructions and on the basis of an agreement on the temporary assignment of employees
agencies, concluded between the agency and the user
. ".
273rd In § 308 para. 1 introductory part, the words "(§ 2 para. 5)"
deleted.
274th § 310 reads:
"§ 310
(1) If a competition clause agreed that the employee
agrees that for some time after termination of employment, for a maximum period of 1 year
refrain from gainful employment, which would be consistent with
activity or employer who should contest against him
nature, is part of a non-competition clause the employer's undertaking that
staff provide adequate monetary compensation, but at least the amount
one half of the average monthly earnings for each
month performance obligation. The cash settlement is payable monthly in arrears, if
contracting parties have agreed on another period of maturity.
(2) competition clause, the employer may arrange the employee,
if it is possible to require employees fairly with respect to
nature of the information, knowledge, working knowledge and technology
practices that gained employment at employers and their use
during the activities referred to in paragraph 1, the employer could seriously
by obstructing its activities.
(3) If the non-competition clause stipulated contractual penalty, which is
employee the employer is obliged to pay if it breaches the undertaking,
extinguished employee's obligation of non-competition clause
payment of the contractual penalty. The amount of the contractual penalty must be proportionate to the nature and significance
conditions referred to in paragraph 1
(4) The employer may withdraw from the competition clause only for
duration of the employee's employment.
(5) An employee may terminate the non-competition clause if he
employer failed to pay a cash settlement or in part within 15 days after
its maturity; competition clause expires on the first day of the calendar month following
after receipt of notice.
(6) Non-competition clause must be made in writing; this also applies to
withdraw from the competition clause and for her testimony. ".
275th In § 312 paragraph. 1 after the words "work" the word "basic" and
words "second sentence" is deleted.
276th In § 312 paragraph 2, second sentence, the words "Labour Office
Czech Republic," the words "Office for Personal Data Protection," and
end of paragraph 2 the following sentence "For access to the personal file || | not consider submitting individual documents from the employer
file external supervisory body which carried out the inspection at
employer and who have requested this document in connection with
subject to checks carried out by the employer. ".
277th In § 313 paragraph. 1 introductory part of the words "employment relationship
" the words "contract of services".
278th In § 313 paragraph. 1 point. a) the words "working relationship"
inserted the word "contract of services".
279th In § 313 paragraph. 1 point d) shall be deleted.
Existing letters e) to g) shall be designated Letters d) through f).
280th In § 313, paragraph 2, including footnote no. 90 reads:
"(2) Data on average earnings, whether the employment relationship, the agreement
for work or agreement on work activities were untied
employer for breach of obligations arising from legislation relating
the employee performed work particularly gross
or for breach of other obligations of the employee under § 301a
particularly gross manner, and other facts relevant for assessing
claims for unemployment benefits ^ 90), the employer is obliged to state | || at the employee's request in a separate confirmation.
90) § 39 to 57 of the Employment Act. ".
281. In § 316 para. 4, introductory part, the words "with
employment" are replaced by "the basic labor" and the words
"second sentence" is deleted.
282nd In § 318, the word "Labour" is replaced by "Basic
labor" and the words "second sentence" is deleted.
283rd In § 321 is repealed designation of Subsection 1
284th In § 322 after paragraph 1, the following paragraph 2 is added:
"(2) Costs incurred to exercise control over health and safety at work
state pays based on an agreement with the unions.".
285th In § 322, paragraph 4 is repealed.
286th Under Title XI of the Thirteenth including the title deleted.
287th In the thirteenth title of Title XII reads: "SECURITY INTERESTS AND DEATH OF EMPLOYEE
".
288th § 325 and 326 are deleted.
289th § 327 including the title and footnote no. 93 reads:
"§ 327
Agreement on payroll deductions
Debt of the employee to the employer is to ensure agreement on payroll deductions
between employee and employer;
deductions from wages shall be no more than they were at the crash performance rozhodnutí93).
Agreement under the first sentence must be made in writing.
93) § 278 of Civil Procedure. ".
290th In the thirteenth title of Title XIII reads: "he NIK RIGHTS RETURNS
wrongly paid and EXPIRY".
291st § 329 is deleted.
292nd In § 330, first sentence, the word "time" is replaced by the word "deadline", the words
"§ 39 par. 5" is replaced by "§ 39 par. 4", the words "§ 39 par. 4" is
the words "§ 57", the words "§ 218 paragraph. 4 second sentence," shall be deleted and the words
"and § 315" are replaced by "§ 315 and § 339a paragraph. 1".
293 cells. § 331 reads:
"§ 331
Repayment of amounts wrongly paid to the employee, the employer may require
, only if the employee knew or should have from the circumstances
assume that these sums improperly designed or mistakenly paid and
within 3 years from the date of their payouts. ".
294th § 332 is deleted.
295th § 333 reads:
"§ 333
The rights and obligations expire expiration of the period for which they were confined.
Period beginning on the first day and ends on the last day
prescribed or agreed period; It is also the case when the expiry
conditional appearance or disappearance of law. ".
296th The heading of Title XV of the Thirteenth words "if the employer
natural person" shall be deleted.
297th § 338 reads:
"§ 338
(1) The transfer of rights and obligations from labor relations may
only in cases provided by this Act or a special legal regulation
.
(2) Where there is a transfer of operations of the employer or the employer's actions
or transfer of tasks employer or their parts to
another employer, the rights and obligations arising from employment relations
fully to the transferee employers;
rights and obligations of collective agreements are transferred to the transferee employer
term effectiveness of the collective agreement, but until
end of the following calendar year.
(3) For the tasks or activities of the employer for these purposes considered
particular tasks related to ensuring the production or provision of services
and similar activities in accordance with special legislation that
legal or natural person engages in facilities intended for those activities or in places
usual for their performance under its own name and on their own responsibility
. Under the successor employer, irrespective of the legal
reason for the transfer and whether there is a transfer of ownership,
considered legal or natural person who is competent as an employer
continue to perform the tasks or activities prior || | employer or in a similar kind of activity.
(4) The rights and obligations of the previous employer to the employees whose labor relations
the date of transfer defunct
remain unaffected, unless special legislation provides otherwise-21a). ".
298th In § 339 paragraph. 1 introductory part of the provision reads:
"Prior to the effective date of the transfer of rights and obligations of labor relations
to another employer are
former employer and the transferee employer is obliged in good time
advance, no later than 30 days before the transfer of rights and obligations to another | || employer to inform the trade union and works council
about this fact and discuss with them in order to achieve compliance. "
299th In § 339, paragraph 2 reads:
"(2) It does not if u employer or trade union council
employees, the current and the transferee employer is obliged to inform in advance
employees who will transfer directly concerned by
facts referred to in paragraph 1 at the latest 30 days prior
effective date of the transfer of rights and obligations to another employer. ".
300th Under § 339, the following new § 339a, which reads:
"§ 339a
(1) If the employee notice filed within 2 months from the date of acquisition
Efficiency of transfer of rights and obligations under labor relations or
effective date of the transition exercise of the rights and obligations from labor relations
, or if it was the work of an employee in the same period
agreement is terminated, the employee in court a declaration that the termination
employment was due to a significant deterioration in working conditions
in connection with the transfer of rights and obligations from labor relations or
transition exercise of the rights and obligations from labor relations
.
(2) If the employment is terminated for the reasons mentioned in paragraph 1
, the employee is entitled to severance pay (§ 67 para. 1). ".
Three hundred and first In § 341, paragraph 1 reads:
"(1) There is a repeal of the employer's division, a body that
decided on the distribution of employer determine which of the newly formed
employer takes over from the former employer's rights and obligations
of labor relations. The provisions of § 338 paragraph. 2
sentence after the semicolon shall apply mutatis mutandis. ".
302nd In § 342, paragraph 1 reads:
"(1) The death of the individual who is the employer, basic
employment relationship ceases (§ 48 para. 4); It does not apply when
continuation of trade. Does not intend If the recipient of trade in accordance with § 13 para. 1
point. b), c) and e) of the Trade Act continue, expires basic
employment relationship with the expiry period of 3 months from the date of death
employer. ".
303rd In § 344 at the end of paragraph 1 the sentence "The provisions of § 338, paragraph
. 2 sentence after the semicolon shall apply mutatis mutandis. ".
304th Under § 345, the following new § 345a, which reads:
"§ 345a
The provisions of § 339 and 339a shall apply mutatis mutandis. ".
305th In the thirteenth heading of Title XVII is:
"Specific prohibitions and INTERPRETATION OF CERTAIN TERMS".
, 306. In the thirteenth in Title XVII, the following new § 346a, 346b and 346c
are added:
"§ 346a
Working individuals aged 15 years or older than 15 years
until the end of compulsory education is prohibited. These persons may carry only
artistic, cultural, advertising or sporting activity under the conditions laid down
special legislation.
§ 346b
(1) An employer may not employees for breach of obligations arising from his
basic employment relationship impose monetary penalties, nor
require from him; It does not cover damage for which the employee is responsible
.
(2) An employer may not transfer risk from dependent employment to
employees.
(3) An employer may not by an employee in connection with the performance of dependent work
request bail.
(4) An employer may not, in any way affect or
disadvantage because a lawful manner
claiming her rights under labor relations.
§ 346c
The employee can not waive the obligation of an employer to provide him
wages, salaries, remuneration of the agreement and their compensation, severance pay, remuneration
work readiness and reimbursement of expenses pertaining to employees in connection with the performance
work. ".
307th In § 348 paragraph. 1 introductory part of the provision reads:
"The performance of work covers the period."
308th In § 348 paragraph. 1 point. d) the word "moon" is deleted.
309th In § 348 paragraph. 2, the words "§ 216 par. 3 and 4" is replaced by "
§ 216 par. 2 and 3," and the words "or on detection of average earnings" is
deleted.
310th In § 348 paragraph. 3, the term "agreement" is replaced by "
after consultation".
311th In § 349 paragraph. 3, the words "§ 122 paragraph. 2" is replaced by "§ 122
paragraph. 3 ".
312th Under § 350, the following new § 350a, which reads:
"§ 350a
Week for the purposes of this Act means 7 consecutive calendar days
. ".
313th In § 351, the words "to be" the word "fundamental", the words "
second sentence" shall be deleted and the words "Move" is replaced by "must proceed
" and the word "findings" are insert the word "only".
314th In § 362 paragraph. 2, after the word "more", the word "essential" for
word "every" is inserted after the word "basic" and the words "second sentence" is
deleted.
315th § 363 reads:
"§ 363
Provisions which incorporate European Union regulations are
A Title IV of Part One, § 16 para. 2 and 3, § 30. 2, § 37
Paragraph. 1-4, § 39 par. 2-5, § 40 para. 3, § 41 paragraph. 1
in the introductory part of the provision and the letters c), d), f) and g), § 47, the word || | 'board if the employee after maternity leave or
employee upon termination of parental leave in the span of time during which an employee is entitled
take maternity leave, work is
employer is obliged to include them in their original work and workplace "
§ 51a, § 53 par. 1, the word" prohibited to give employees notice
"and point. d) § 54 point. b) consisting of the words "this is not the case
pregnant workers and workers who
on maternity leave, an employee at a time when parental leave until
during which a woman is entitled to take maternity leave" § 54 point. c)
, the word "not a female employee on maternity leave or
of employees during the period of parental leave to a period during which the
woman is entitled to take maternity leave," § 54 point. d) "
of pregnant workers, workers on maternity leave, or
employee or an employee who take parental leave"
§ 62-64, § 78 para. 1 point. a) through f), j), k) and m) consisting of
words "average weekly working time must not exceed specified
weekly working time", the words "for a maximum period of 26 weeks consecutive
successive" and in the sentence "Only collective agreement may define this period
maximum of 52 consecutive weeks." § 79 para. 1, § 79a, § 85 para.
4, the word 'average weekly working time is filled
balancing the period determined by the employer, for a maximum period
referred to in § 78 para. 1 point. m), "§ 86 par. 3 and 4, § 88 para. 1 and 2
§ 90, 90a, § 92. 1, 3 and 4, § 93 paragraph. 2 second sentence and paragraph. 4, §
paragraph 93a. 1-3 and paragraph. 5, § 94, § 96 para. 1 point. a) Points 1 and 3
paragraph. 2, § 101, 102, § 103 paragraph. 1 point. a) to h), j) and k)
until the end of paragraph 1, para. 2-5, § 104, § 105 para. 1, the word
"The employer with whom the occupational accident occurred,
obliged to clarify the causes and circumstances of this accident ", par. 3 point. a), 4 and 7, §
106 para. 1-4 point. a), c), d), f) and g), § 108 paragraph. 2, 3, 6 and 7, §
110, paragraph. 1, § 113 paragraph. 4, § 136, paragraph. 2, § 191 resting in the words
"the employer is obliged to excuse the absence of the employee at work after
for treating a child younger than 10 years or another household member
in cases under § 39 of the Health insurance Act and for child care
younger than 10 years for the reasons set out in § 39 of the Law on Health insurance
or because of where the natural person who has a child or caring
underwent examination or treatment in a medical facility, which could not be
secure outside working hours, and therefore
unable to care for the child, "§ 195, 196, § 197 paragraph.
3 consisting of the words" Parental leave under paragraph 1 shall be taken from the date of receipt
child until the day when the child reaches 3 years of age ", the word
'parental leave for the" § 197 paragraph. 3 second and third sentences, § 198, paragraph
. 1-4 regarding parental leave, § 199 paragraph. 1, § 203, paragraph
. 2 point. a), § 213 paragraph. 1, § 217 paragraph. 4, regarding parental leave
, § 218 paragraph. 1, § 222, paragraph. 2, § 229 paragraph. 1
consisting of the words "professional practice is considered the performance of work for which belongs
employee wage or salary, "§ 238 paragraph. 1 and 2, § 239, § 240 paragraph. 1, § 241, paragraph
. 1 and 2, § 245 paragraph. 1, § 246 Para. 2, first sentence, § 276 paragraph. 1
first sentence and paragraph. 2-6 and 8, § 277, the word
"the employer is obliged to create his own expense to employee representatives
conditions for the proper performance of their activities, "§ 278 paragraph. 1-3, para. 4
second and third sentence, § 279 paragraph. 1 point. a), b), e) to h) and paragraph. 3, §
280 paragraph. 1 point. a) through f), § 281 paragraph. 5, § 288-299, § 308 para. 1
in the introductory part of a letter b), § 309 paragraph. 4 and 5, § 316 para. 4
consisting of the words "An employer may not require an employee
information, especially about" a point. a), c), d), e), g) and h) and in the words
"this does not apply for a given material reason
based on the nature of the work to be performed and je- If this requirement is reasonable, "§
319, § 338, paragraph. 2 and 3, § 339 paragraph. 1 in the introductory part of the provision, § 339
Paragraph. 2, 339a, 340, 345a, § 346b paragraph. 4 and § 350 paragraph. 2 (§ 4b paragraph. 1
second sentence). ".
316th In § 365, the current text becomes paragraph 1 and the following
paragraph 2, which reads:
"(2) The administrative costs of insurance companies in liability insurance
employer for work injuries or occupational disease is
9% of the total received premiums paid by employers
in the calendar year." .
317th In § 367 paragraph. 3, the word "determined" is replaced by "shall determine"
and the words' pay but "is replaced by" is not obliged to pay. "
318th In § 376 paragraph. 2, after the word "above" the word "minimum".
319th In § 378 paragraph. 1 in the first and second sentences, the words "equal"
inserted the word "minimum".
320th In § 382 para. 2 the words "paid by the employer" shall be replaced
"The employer is obliged to pay."
321st In § 393 paragraph. 1, first sentence, the words "volunteer fire brigade"
replaced by "units of voluntary fire brigades village".
322nd In § 393 paragraph. 2, the words "natural disaster" is replaced
"emergencies".
323rd In § 394 paragraph. 1 introductory part, the words "§ 123 paragraph. 6
point. a) "shall be deleted.
Art. II
Transitional provisions
First Act no. 262/2006 Coll., As amended, effective from the date of entry into force of this Act
, is also governed labor relations
arising before the commencement of this Act; Legal Acts
prior to the date of this Act shall be governed by the existing legislation, even if their effects
occur after the effective date of this Act.
Second Termination collective agreements entered into before the effective date
this Act shall be governed by the current legislation.
Third Time impediments to work according to § 35 para. 2 of Act no. 262/2006 Coll., As amended
until the effective date of this Act, for which the employee does not take place
probationer work and that the test period is extended, the
governed by the existing legislation.
Fourth According to a written agreement pursuant to § 39 par. 4 of the Act no. 262/2006
Coll., As amended effective on the effective date of this Act, or
internal regulations issued to implement § 39 par. 4 of Law no. 262 / 2006
Coll., as amended effective on the effective date of this Act, it is possible to proceed
maximum period of six months from the effective date of this Act
.
Fifth The reason for notice referred to in § 52. h) of the Act no. 262/2006 Coll., as amended
this Act can not be used if there has been a breach of the regime
temporarily incapable insured before the effective date of this Act
.
6th Severance pay, which is entitled employees who were given notice
according to § 52. a) to c) of the Act no. 262/2006 Coll., as amended
effective date of this Act, or with whom he was
agreement on termination of employment for the same reasons, as well as severance
which is entitled employee who immediately terminated
employment according to § 56 Act no. 262/2006 Coll., as amended on
effective date of this Act shall be governed by existing laws and regulations
.
7th Law court under § 69 par. 2 of Act no. 262/2006 Coll., As amended
effective from the date of entry into force of this Act is to be applied to cases
invalid termination of employment on the basis of a legal act
which was made earlier than the effective date of this Act.
8th The provisions of § 209 par. 2 Act no. 262/2006 Coll., As amended, effective
effective date of this Act is to be applied to cases
partial unemployment that occurred earlier than the effective date of this
Act.
9th The cases of partial unemployment, which occurred before the date of entry into force of this Act
, which were to be decided in administrative
proceedings pursuant to § 209 Sec. 3 of the Act no. 262/2006 Coll., As amended on the day
entry into force of this law, which has not been finally decided
, or when the proceedings were suspended, is governed by existing laws
.
10th The provisions of § 330 of the Act no. 262/2006 Coll., As amended, effective from the date of
commencement of this Act shall apply to cases of termination rights
date of entry into force of this Act.
11th The provisions of § 333 of the Act no. 262/2006 Coll., As amended, effective from the date of
Commencement of this Act shall apply to periods which began to run
earliest effective date of this Act.
12th Transfer of rights and obligations from labor relations and transition
exercise of the rights and obligations of labor relations, whose effectiveness
occurred before the effective date of this Act shall be governed by existing laws
.
Art. III
Repealing provisions
§ 16 of Decree no. 125/1993 Coll., Laying down the conditions and rates
employer liability insurance for damage during
work injury or occupational disease, as amended by Decree no. 43/1995 | || Coll. and Decree no. 487/2001 Coll., is repealed.
Art. IV
Authorization to release the full text of the Labour Code
Prime Minister is authorized to make in the Collection of Laws the full wording
Act no. 262/2006 Coll., The Labour Code, as is apparent from subsequent laws
a Constitutional Court ruling promulgated under no. 116/2008 Coll .
PART TWO
Changing the law on the organization and implementation of social security
Art. In
Act no. 582/1991 Coll., On Organization and Implementation of Social Security,
amended by Act no. 590/1992 Coll., Act no. 37/1993 Coll., Act.
160 / 1993 Coll., Act no. 307/1993 Coll., Act no. 241/1994 Coll., Act no. 118/1995 Coll
., Act no. 160/1995 Coll., Act no. 134/1997 Coll ., Act no. 306/1997 Coll
., Act no. 93/1998 Coll., Act no. 225/1999 Coll., Act no. 356/1999 Coll
., Act no. 360/1999 Coll., Act no. 18/2000 Coll., Act no.
29/2000 Coll., Act no. 132/2000 Coll., Act no. 133/2000 Coll., Act.
155 / 2000 Sb., Act no. 159/2000 Coll., Act no. 220/2000 Coll., Act no.
238/2000 Coll., Act no. 258/2000 Coll., Act no. 411/2000 Coll ., Act no. 116/2001 Coll
., Act no. 353/2001 Coll., Act no. 151/2002 Coll., Act no. 263/2002 Coll
., Act no. 265/2002 Coll., Act no. 309/2002 Coll., Act no.
320/2002 Coll., Act no. 518/2002 Coll., Act no. 362/2003 Coll., Act.
424 / 2003 Coll., Act no. 425/2003 Coll., Act no. 453/2003 Coll., Act no.
53/2004 Coll., Act no. 167/2004 Coll., Act no. 281/2004 Coll ., Act no. 359/2004 Coll
., Act no. 436/2004 Coll., Act no. 501/2004 Coll., Act no. 168/2005 Coll
., Act no. 361/2005 Coll., Act no. 381/2005 Coll., Act no.
413/2005 Coll., Act no. 24/2006 Coll., Act no. 70/2006 Coll., Act.
81 / 2006 Coll., Act no. 109/2006 Coll., Act no. 112/2006 Coll., Act no. 161/2006 Coll
., Act no. 189/2006 Coll., Act no. 214/2006 Coll ., Act no. 267/2006 Coll
., Act no. 342/2006 Coll., the Constitutional court judgment
promulgated under no. 405/2006 Coll., Act no. 585/2006 Coll., Act no.
152/2007 Coll., Act no. 181/2007 Coll., Act no. 261/2007 Coll., Act no. 270/2007 Coll
., Act no. 296/2007 Coll. Act no. 305/2008 Coll., Act no. 306/2008 Coll
., Act no. 382/2008 Coll., Act no. 479/2008 Coll., Act no. 41/2009 Coll
. Act no. 158/2009 Coll., Act no. 227/2009 Coll., Act no. 281/2009 Coll
., Act no. 303/2009 Coll., Act no. 326/2009 Coll., Act no.
347/2010 Coll., Act no. 73/2011 Coll., the Constitutional court announced
under no. 177/2011 Coll., Act no. 180/2011 Coll., Law no. 220 / 2011 Coll.
Act no. 263/2011 Coll., Act no. 364/2011 Coll. and Act no. 366/2011
Coll., is amended as follows:
First In § 35a paragraph. 1, second sentence, the word "action" words
"or contracts of work".
Second In § 36 point. f) after the word "activities" the words "or
contractors' work."
PART THREE
Changing the law on the social security insurance and state employment policy
Art. VI
Act no. 589/1992 Coll., On premiums for social security and contribution
state employment policy, as amended by Act no. 10/1993 Coll.
Act no. 160/1993 Coll. Act no. 307/1993 Coll., Act no. 42/1994 Coll.
Act no. 241/1994 Coll., Act no. 59/1995 Coll., Act no. 118/1995 Coll., || | Act no. 149/1995 Coll., Act no. 160/1995 Coll., Act no. 113/1997 Coll.
Act no. 134/1997 Coll., Act no. 306/1997 Coll., Act no. 18/2000 Coll.
Act no. 29/2000 Coll., Act no. 118/2000 Coll., Act no. 132/2000 Coll.
Act no. 220/2000 Coll. Act no. 238/2000 Coll., Act no. 492/2000 Coll.
Act no. 353/2001 Coll., Act no. 263/2002 Coll., Act no. 309/2002 Coll., || | Act no. 362/2003 Coll., Act no. 424/2003 Coll., Act no. 425/2003 Coll.
Act no. 437/2003 Coll., Act no. 186/2004 Coll., Act no. 281/2004 Coll.
Act no. 359/2004 Coll., Act no. 436/2004 Coll., Act no. 168/2005 Coll.
Act no. 253/2005 Coll., Act no. 361/2005 Coll. Act no. 377/2005 Coll.
Act no. 62/2006 Coll., Act no. 189/2006 Coll., Act no. 264/2006 Coll.
Act no. 585/2006 ., Act no. 153/2007 Coll., Act no. 181/2007 Coll.
Act no. 261/2007 Coll., Act no. 296/2007 Coll., Act no. 305/2008 Coll.
Act no. 306/2008 Coll., Act no. 2/2009 Coll., Act no. 41/2009 Coll.
Act no. 158/2009 Coll., Act no. 221/2009 Coll. Act no. 227/2009 Coll.
Act no. 285/2009 Coll., Act no. 303/2009 Coll., Act no. 362/2009 Coll.
Act no. 347/2010 Coll ., Act no. 73/2011 Coll., Act no. 263/2011 Coll. and
Act no. 364/2011 Coll., is amended as follows:
First In § 3 para. 1 point. a) after the word "activities" the words "or
agreement on work performance."
Second In § 3 para. 1 point. b) at the end of the text of point 2, the words "and
employees under contract for work."
Third In § 8 par. 3, after 'minor-58b) "and the words" took
small-scale employment "the words" or the employment
under contract for work. "
PART FOUR
Change Pension Insurance Act
Art. VII
In § 5 para. 1 of Act no. 155/1995 Coll., On Pension Insurance, as amended
Act no. 189/2006 Coll., Act no. 305/2008 Coll., Law no. 306 / 2008 Sb.
Act no. 382/2008 Coll., Act no. 41/2009 Coll., Act no. 158/2009 Coll.
Act no. 303/2009 Coll. and Act no. 73/2011 Coll., at the end of the text
letter f) the words' and employees under an agreement on work performance
".
PART FIVE
Changing the law on public health insurance
Art. VIII
Law no. 48/1997 Coll., On public health insurance and amending and supplementing certain
related laws, as amended by Act no. 242/1997
Coll., Act no. 2/1998 Coll. Act no. 127/1998 Coll., Act no. 225/1999
Coll., Act no. 363/1999 Coll., Act no. 18/2000 Coll., Act no. 132/2000 Coll
. Act no. 155/2000 Coll., the Constitutional court ruling promulgated under no.
167/2000 Coll., Act no. 220/2000 Coll., Act no. 258/2000 Coll., Act.
459/2000 Coll., Act no. 176/2002 Coll., Act no. 198/2002 Coll., Act no. 285/2002 Coll
., Act no. 309/2002 Coll., Law no. 320 / 2002 Coll., Act no. 222/2003 Coll
., Act no. 274/2003 Coll., Act no. 362/2003 Coll., Act no. 424/2003
., Law no. 425 / 2003 Coll., Act no. 455/2003 Coll., Act no.
85/2004 Coll., Act no. 359/2004 Coll., Act no. 422/2004 Coll., Act.
436/2004 Coll., Act no. 438/2004 Coll., Act no. 123/2005 Coll., Act no. 168/2005 Coll
., Act no. 253/2005 Coll., Law no. 350 / 2005 Sb., Act no. 361/2005 Coll
., Act no. 47/2006 Coll., Act no. 109/2006 Coll., Act no. 112/2006 Coll
., Law no. 117 / 2006 Coll., Act no. 165/2006 Coll., Act no. 189/2006 Coll
., Act no. 214/2006 Coll., Act no. 245/2006 Coll., Act.
264/2006 Coll., Act no. 340/2006 Coll., the Constitutional court ruling
promulgated under no. 57/2007 Coll., Act no. 181/2007 Coll., Act no. 261/2007 Coll
., Act no. 296/2007 Coll., Act no. 129/2008 Coll., Act no. 137/2008 Coll
., Act no. 270/2008 Coll., Act no. 274/2008 Coll. Act no. 306/2008 Coll
., Act no. 59/2009 Coll., Act no. 158/2009 Coll., Act no. 227/2009 Coll
., Act no. 281/2009 Coll. Act no. 362/2009 Coll., and Act No.
. 298/2011 Coll., Is amended as follows:
First In § 5. a) at the end of the text of point 3, the words ", which
calendar month reached the income amount, which is the condition
for that person's health insurance under the Act
regulating health insurance (hereinafter" assessable income ")".
Second In § 5. a) point 4 is deleted.
Existing points 5-8 are renumbered 4 to 7
Third In § 8 par. 2 at the end of the text in subparagraph d) the words "u
employees employed under the contract for work to proceed similarly
".
PART SIX
Amendment of the Higher Education Act
Art. IX
In § 70 of Act no. 111/1998 Coll., On universities and on amendments and supplements
other acts (the Universities Act), as amended by Act no. 436/2004
Coll., Act No. . 110/2009 Coll. and Act no. 159/2010 Coll., paragraph 4
deleted.
Former paragraphs 5-7 become paragraphs 4 to 6
Art. X
Transitional provisions
Employment for a fixed period pursuant to § 70 para. 4 of the Act no. 111/1998
Coll., As amended effective on the effective date of this Act, until their completion
governed by the existing legislation.
PART SEVEN
Changing the law on the protection of employees in the employer's insolvency
Art. XI
Act no. 118/2000 Coll., On the protection of employees in the employer's insolvency
and amending certain laws, as amended by Act no. 436/2004
Coll., Act no. 73/2006 Coll. Act no. 296/2007 Coll., Act no. 217/2009 Coll
. and Act no. 73/2011 Coll., is amended as follows:
First In § 3. a) the words "working relationship", the words "
agreement to perform work under the conditions stipulated by a special legal regulation
^ 20)."
Footnote. 20 reads as follows:
"20) Act no. 187/2006 Coll., On Sickness Insurance, as amended
.
Act no. 589/1992 Coll., On premiums for social security and contribution
state employment policy, as amended. "
.
Second In § 3. b) after the word "by" the words "
agreement on the performance of work under the conditions laid down by special legislation 20) or
".
Third In § 6 of the fourth sentence, the words "employment" the words "
agreement to perform work ^ 20)."
PART EIGHT
Amendment to the Act on Municipal Officials
Art. XII
In § 10 of Act no. 312/2002 Coll., On local government officials
units and amending some laws, as amended by Act no. 264/2006 Coll., Is
paragraph 3, including footnote No. . 7a deleted.
PART NINE
Change in Employment Act
Art. XIII
Act no. 435/2004 Coll., On employment, as amended by Act no. 168/2005
Coll., Act no. 202/2005 Coll., Act no. 253/2005 Coll., Act.
350/2005 Coll., Act no. 382/2005 Coll., Act no. 413/2005 Coll., Act no. 428/2005
Coll., Act no. 444/2005 Coll., Act No. . 495/2005 Coll., Act no. 109/2006
Coll., Act no. 112/2006 Coll., Act no. 115/2006 Coll., Act no. 161/2006
Coll., Act no. 165/2006 Coll., Act no. 214/2006 Coll., Act no. 264/2006
Coll., Act no. 159/2007 Coll., Act no. 181/2007 Coll., Act.
213/2007 Coll., Act no. 261/2007 Coll., Act no. 362/2007 Coll., Act no. 379/2007
Coll., Act no. 57/2008 Coll., Act No. . 124/2008 Coll., Act no. 129/2008
Coll., Act no. 306/2008 Coll., Act no. 382/2008 Coll., Act no. 479/2008
Coll., Act no. 158/2009 Coll., Act no. 223/2009 Coll., Act no. 227/2009
Coll., Act no. 281/2009, Law no. 326/2009 Coll., Law no. 362 / 2009
Act no. 149/2010 Coll., Act no. 347/2010 Coll., Act no. 427/2010 Coll.
And Law no. 73/2011 Coll., Is amended as follows:
First In § 39 par. 2, after letter a) a new point b) that
including footnote no. 79 reads:
"B) which was during the last 6 months prior to enrollment in the register of job seekers
employer terminated the employment relationship of
for breach of other obligations of the employee under § 301 of the Labour Code
particularly gross ^ 79 )
79), § 52. h) of the Labour Code. ".
Existing letters b) to d) are renumbered c) to e).
Second In § 54 par. 1, second sentence, the words "point. a) "the words" and
b). "
PART TEN
Changing Labour Inspection Act
Art. XIV
Act no. 251/2005 Coll., On labor inspection, as amended by Act no. 230/2006
Coll., Act no. 264/2006 Coll., Act no. 213/2007 Coll., Act No. .
362/2007 Coll., Act no. 294/2008 Coll., Act no. 382/2008 Coll., Act no. 281/2009 Coll
. and Act no. 73/2011 Coll., is amended as follows:
First In § 3 para. 1, at the end of paragraph 1 is replaced by a comma and
subparagraph g), which including footnote no. 75 reads:
"G) legislation, which imposes an obligation to conduct a public
invitation or tender for the post of official or to occupy space
senior official territorial government, as well as whether
public call or tender the proceedings were conducted, including during their
^ 75).
75) § 6-9 of the Act no. 312/2002 Coll., On officials of territorial
governments and amending certain laws, as amended by Act no. 46/2006 Coll
. ".
Second In § 13 para. 1 point. b) and § 26 par. 1 point. b) the words
'minimum wage rate ^ 41) "is replaced by"
lowest level of guaranteed wage ".
Footnote. 41 is deleted, including links to the note below
Line.
Third In § 15 para. 1 point. b) and § 28 para. 1 point. b) the word
"uneven" deleted.
Fourth In § 15 para. 1 and § 28 para. 1, letter c), including footnotes
fn. 47 repealed.
Existing letters d) to x) are renumbered c) to w).
Fifth In § 15 para. 1 point. g) and § 28 para. 1 point. g) after the word "time"
insert the word "reasonable".
6th In § 15 par. 2 point. a) and § 28 para. 2 point. a) the words "c), d)
f) aw)" is replaced by "c), e) and v)."
7th In § 15 par. 2 point. b) and § 28 para. 2 point. b) the words "m), n)
u) x)" is replaced by "l), m), t) aw) '.
8th In § 15 par. 2 point. c) and § 28 para. 2 point. c) the words "g), i)
j), k), l), q), r), t) and v)" is replaced by "f), h), i), j) k) p) q
) a) au) ".
9th In § 15 par. 2 point. d) and § 28 para. 2 point. d) the words "e), h)
o), p) as)" is replaced by "d), g), n), o) and r)."
PART ELEVEN
Change the Health Insurance Act
Art. XV
Act no. 187/2006 Coll., On Sickness Insurance, as amended by Act no. 585/2006 Coll
., Act no. 181/2007 Coll., Act no. 261/2007 Coll., Act No. .
239/2008 Coll., Act no. 305/2008 Coll., Act no. 306/2008 Coll., Act no. 479/2008 Coll
., Act no. 2/2009 Coll., Act no. 41/2009 Coll., Act no. 158/2009 Coll
., Act no. 227/2009 Coll., Act no. 302/2009 Coll., Act no. 303/2009
Coll. Act no. 362/2009 Coll., Act no. 157/2010 Coll., Act no. 166/2010 Coll
., Act no. 347/2010 Coll., Act no. 73/2011 Coll., Act No. .
180/2011 Coll., Act no. 263/2011 Coll. and Act no. 364/2011 Coll., is amended as follows
:
First In § 3. b) after the word "activities" the words "or an agreement on work performance
".
Second In § 5. a) at the end of the text paragraph 5, the words "and
employees under contract for work."
Third In § 6, the following paragraph 7 is added:
"(7) The provisions of paragraphs 1 to 6 shall not apply to employees working on
contractors' work.".
Fourth Under § 7, the following § 7a, including the heading reads:
"§ 7a
Insurance employees employed under the contract for work
(1) Employees employed under an agreement on work performance are participants
insurance if they meet the condition set out in § 6 para. 1 point. ) and
was cleared them assessable income in the amount of more than CZK 10 000.
(2) Employees employed under an agreement on work performance are participants
insurance only in those calendar months for the duration of this agreement,
in which they were settled on the assessable income of the agreement to perform work in
the amount referred to in paragraph 1; § 7 para. 3 applies here
analogy. A law enforcement employee insurance arises under an agreement to perform work
day in which for the first time after the conclusion of an implementation agreement
work began to perform contracted work, and terminates on the day, which expired,
on which the agreement was negotiated.
(3) An employee employed under a contract for work participates
insurance also, if exercised in a calendar month for the same employer
several agreements on work performance and total creditable
revenues from such agreements under paragraph 2 reached during the calendar month
least amount referred to in paragraph 1; employee participates insurance
maximum duration of such employment in that calendar month.
In the same employer is considered to be also the legal successor
employer. ".
Fifth In § 10 paragraph. 1 point. e) the words "Section 5" the words "
case of active employees under an agreement on work activity".
6th In § 15 para. 4, at the end of letter f) is replaced by a comma and
subparagraph g), added:
"G) the employment of the employee operating the contractors'
work.".
7th In § 19 para. 1 point. a) the words "(§ 7 para. 2)" the words
"or employment under a contract for work (§ 7, paragraph. 2)".
8th In § 39 par. 5 at the end of the text of letter b) the words "and
employees under contract for work."
9th In § 42 para. 4 at the end of the text of letter a) the words "or
contractors' work."
10th In § 92 paragraph. 2 point. d) after the word "activities" the words "or
agreement on work performance."
11th In § 93 paragraph. 1 third sentence after the word "scope" the words
"Or employment under the contract for work".
12th In § 94 at the end of paragraph 1 the sentence
"The provisions of the preceding sentence shall apply mutatis mutandis, in the case of active employees
under contract for work.".
13th In § 122 paragraph. 3 point. h) the word "scope" the words "
employment under the contract for work".
Art. XVI
Transitional provisions
First If the work of employees employed under an agreement on the implementation
work was performed on 31 December 2011, and it continues to be carried
after that date, it shall be January 1, 2012 as the day when this
employees to work.
Second For employees referred to in paragraph 1 for the purposes of determining the applicable
period January 1, 2012 is considered the birthday of the sickness insurance.
PART TWELVE
Amendment to the Act on securing other conditions for safety and health at work
Art. XVII
In Act no. 309/2006 Coll., Stipulating further requirements
occupational safety and health in labor relations and
ensuring health and safety in the operation or provision of services
outside labor relations (Act on securing other conditions
occupational safety and health), as amended by Act no. 362/2007
Coll., Act no. 189/2008 Coll. and Act no. 223/2009 Coll., under § 10
added new § 10a is inserted:
"§ 10a
The proof of passing an examination of professional competence is
certificate. The certificate is issued for five years. ".
Art. XVIII
Transitional provisions
Competence individuals to perform tasks in risk prevention and
competence of individuals to perform activities coordinator
safety and health at work at the site, which was acquired
30 June 2008 in accordance with Act No. . 309/2006 Coll. for an indefinite period, it shall be deemed to have fulfilled
until 1 January 2014.
PART THIRTEEN
EFFICIENCY
Art. XIX
This Act comes into force on 1 January 2012.
Nemcova vr
Klaus vr
Nečas
