Leave for contract workers, digital notices, the right of parents to work from home, and the obligation for employees to cover their costs – these are just some of the novelties envisioned in the labor law reform. The Ministry of Labor and Social Affairs (MLSV) has now forwarded this to the comment procedure. Aktuálně.cz summarizes the most important things to change industrial relations.
Some changes in the Labor Law Amendment are mandated by European Directives and therefore need to be adopted. One is about work-life balance (WLB) and the other is about transparent and predictable working conditions in the European Union (TPWC).
The Czech Republic, like all other Member States, was due to implement the European rules in August of this year. Any further delay in their adoption risks the Czech Republic facing fines that could reach tens of millions of crowns.
The WLB Directive aims to contribute to the reconciliation of family and work. The amendment proposes that employees caring for children under the age of 15 and pregnant employees have the right to work from home. That is, when serious operational reasons or the nature of the work do not prevent it. However, in such cases, employers must justify in writing the reasons preventing them from working from home.
A fundamental change would be to require telecommuting employees to be reimbursed in the amount of 2.80 crowns per hour worked. Hourly flat rates for gas, electricity, water, and garbage. The amount is set by the Ministry in an annual decree. Resorts are based on data from the Czech Statistics Office on cost per adult in an average household.
Newly, telecommuting also requires formal agreements between employers and employees. It should indicate where people will work from, and the scope of work and layout of working hours should also be determined.
The Directive requires that female employees working part-time who have taken childcare leave can apply to return to their original working hours. Employers must comply with them. You will also need a parental leave application form stating the expected period.
Contract employees are entitled to leave and sick pay
Fundamental changes are also foreseen in employment contracts, ie contracts for work activity and contracts for performance of work.
“In the past, these employment legal relationships were used more as an additional source of income rather than as the sole source of income for employees. Employees who work exclusively in an employment relationship do not have standard full social protection,” the ministry said in a statement.
As such, contract workers are now entitled to leave that accrues automatically by law when certain conditions are met – the employment relationship lasts at least four weeks, i.e. at least 28 consecutive days. , an employee must work at least four times his weekly working hours at the same time.
At the same time, those who have a labor contract are entitled to five days of nursing or nursing care leave per year. They also have the right to receive additional payments, such as working nights and holidays, which gives them the right to interfere with their work.
Employers must schedule their weekly working hours in writing, just as they do for employees in an employment relationship. Until now, the advantage of employment contracts has been flexibility. For example, employees could work as many hours as their employer required in a given week. Here, the schedule should guarantee the number of hours employees work. In its proposal, the Ministry of Internal Affairs and Communications added that it would “increase the transparency and predictability of these precarious employment relationships.”
Other new features envisioned in this amendment include the introduction of digitization. Employment contracts or agreements can now be sent electronically, such as by email, after both the employee and employer have agreed. In addition, electronic delivery of cancellation notices, etc. is also possible.
Other interesting points in the proposal include a rule that employers must notify employees of their rights and obligations within seven days of the employment relationship. Also, information about the fact that if such cases were brought to court, it would be more difficult for an employer to defend the eventual termination of an employee’s employment. is intended to limit the
A draft amendment to the Labor Code is currently in the comment process. It is then debated by the government and finally sent to parliament for approval. Labor law experts assume that some points in the draft will still be amended. This revision should come into effect from next year.
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