An amendment to the labour code was approved by the Chamber of Deputies, which could bring changes to working environments

The amendment focuses mainly on adapting to the European directives on work-life balance and predictable working conditions, and, seeks to regulate distance working, simplifying its provision and also digitising labour law documentation.

Below is a brief summary of the proposed changes to the labour code.

Proposals to comply with European directives

The status of employees working on the basis of a contract of employment (‘DPČ’) or work performance contract (‘DPP’) will change, and contractors should be granted a higher level of protection than before. Furthermore, employees could be entitled to approximately 1.5 hours of holiday for every 20 hours worked, whereby the result is rounded up. If the employee does not have the opportunity to use his or her holiday during the employment relationship, the employer will pay him or her an allowance after the end of work according to the agreement.

Another proposal aims at the transition of employment. The amendment states that if the employee has worked for the employer under one of the contracts for at least 180 days in the preceding 12 months, he or she may request in writing from the employer to change to employment in an employment relationship. The employer is then obliged to give him a reasoned written answer within one month.

Another significant change is the employer’s obligation to prepare a working schedule at least three days in advance and, secondly, additional allowances for holiday work and night work have been proposed.

An important point is the proposal that aims to guarantee a higher level of protection for the employee even in the case of contractual termination of employment; where the employee feels that he has been dismissed from the contract because he has legally asserted his rights or used them, he has the right to demand written justification from the employer. If the employer does not fulfil this obligation, there are fines.

It also advances the assumption that employers must inform their employees of their rights and obligations arising from the employment relationship within seven days of the beginning of the relationship. Reference is made, for example, to the duration and conditions of the probationary period, professional development, the extent of the minimum daily/weekly rest period and the pension fund.

Finally, following European legislation, the employer will have to justify certain decisions in writing, such as refusing to work remotely.

Document digitisation and remote working

The amendment calls for the digitisation of labour law documentation and enables the electronic conclusion of contracts with employees as well as the delivery of documents.

Other possible provisions will concern remote working. Smart working will be possible on the basis of a written agreement where it is up to the parties to agree on the content.

The possibility is also introduced for the employer to order remote work if a public authority order provides for it, if the nature of the work performed permits it and if the remote workplace is suitable.

Sources: https://portal.pohoda.cz/; https://www.havelpartners/

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