Employer's duties Employee's duties Ø provide the employer with

Document Sample
Employer's duties Employee's duties Ø provide the employer with Powered By Docstoc
					   The Rights and Duties of the Employer and the Employees in the Czech Republic

                                 JUDr. Tereza Kadlecová
                               JUDr. Eva Svobodová, Ph.D.

Czech legislation provides for various rights and duties for both employers and employees.
This aim of this article is not to provide an exhaustive list of those rights and duties, but
rather to acquaint readers with the essentials. The basic rights and duties of the employer
and the employees in the Czech Republic are laid down in particular by Act No. 262/2006
Coll., Labour Code, Act No. 309/2006 Coll. stipulating further requirements for health and
safety protection at the workplace and Act No. 435/2004 Coll., on employment. For greater
clarity, the rights and duties of employers and employees are divided into several groups
within the following text.

   1. Duties upon entering an employment relationship

Employer’s duties                               Employee’s duties

Ø create an employment contract; possibly a Ø      provide the employer with any and all
  wage or payment contract,                        documents requested and willingness to
Ø acquaint the employee with the wages,            co-operate so to allow for the establish-
  working terms and conditions (e.g. the           ment      of   an     employer/employee
  employer’s internal regulations) and             relationship (e.g. identity card, docu-
  instruct the employee in the area of health      ments concerning education and practical
  and safety protection at the workplace,          experience, health certificate, extract
Ø obtain the employee’s consent to having          from the Criminal Registry, etc.).
  his/her personal data processed in
  connection with the employment relation-
  ship and maintaining such data on file,
Ø reporting duty to the concerned bodies of
  public administration.
   2.   Essential rights and duties resulting from an employment relationship

Employer’s duties                                 Employee’s duties

Ø assign work to the employee according to        Ø according to the employer’s instructions
  his/her employment contract, compensate           personally perform and fulfil work duties
  him/her the agreed wage or salary for             pursuant to the employment contract
  his/her work and observe all other working        during weekly working hours ,
  terms and conditions laid down by               Ø work conscientiously to the best of
  legislation or in accordance with the             his/her ability, knowledge and capacity,
  internal rules and regulations, or the            and follow the instructions of the
  collective or employment contract,                superiors,
Ø refrain from overlooking risks from             Ø make full use of the working time and the
  dependent gainful activity to the employee,       employer’s means in order to dutifully
Ø ensure an equitable treatment of the              perform the work assigned to him/her,
  employees and observe the discrimination        Ø observe related legal and other
  ban on all employees, as well as other            regulations,
  natural     persons    seeking      potential   Ø use the means entrusted to him/her by
  employment,                                       the employer with due care and guard
Ø inform the employee about issues                  and protect the employer’s property
  concerning his/her employment           and       against damage, loss, destruction and
  discuss with him/her the collective contract      misuse and to further refrain from acting
  and acqaint him/her with the internal rules       in contravention with the justified
  and regulations,                                  interests of the employer.
Ø refrain from imposing financial fines upon
  the employee for the violation or breach of
  duties ensuing from his/her employment,
  refrain from requesting or agreeing to
  securing liabilities while working in the
  position of employee.

The specific employees’ duties mentioned above relate to employees in general; special
duties of senior employees are stipulated by section 302 of the Labour Code and where it
concerns public employees in section 303.

Employer’s rights                                 Employee’s rights

Ø schedule the working time and determine Ø right to wage, salary or remuneration
  the beginning and the end of shifts,      under conditions stipulated by the Labour
Ø issue internal rules and regulations,     Code,
Ø determine the employees’ vacation-time. Ø right to a vacation,
                                          Ø right to a lunch break,
                                          Ø right to information and discussion

    4. Employer’s duties upon termination of an employment contract

•   terminate an employment contract with an employee only in cases stipulated by law
    (section 48, et seq.);
•   grant the employee with whom the employer has made a competition clause an
    adequate pecuniary settlement, which may not be less than the employee’s average
    monthly earnings for each month of the duration of the clause;
•   discuss the notice to quit and instantaneous cancellation of the employment contract
    with the concerned trade union body;
•   grant an employee time off prior to termination of the employment contract in order to
    find a new job (a maximum half-day a week for the duration of the notice period);
•   settle unused vacation days with the employee ;
•   grant an employee severance pay in cases stipulated by section 67 of the Labour Code
    (higher than statutory, unless provided for otherwise);
•   issue the employee (even without an application) with a work document (employee
    card), and upon the employee’s request, a statement which provides data on his/her
    average earnings;
•   issue applicable references for the employee upon the employee’s request (within 15
    days of the application date) .

    5. The rights and duties of the employer and the employee in respect of health
       protection and work safety (BOZP)

Health protection and work safety (BOZP) are an important part of care for employees.
Czech legislation lays down specific duties for both employers and employees aimed at
reducing health and life-risking hazards at the workplace (section 101, et seq. of the Labour

Employer’s duties                                 Employee’s duties

Ø create a safe working environment and Ø            see to his/her own safety and health
  working conditions free of hazards which           and the safety and health of persons
  may endanger the employee’s health;                directly affected by his/her actions and
Ø identify potential hazards threatening the         possible neglect ;
  employees’ health, determine their cause Ø         attend courses arranged by the
  and origin and take measures to eliminate or       employer to ensure BOZP standards
  minimise     them ;     carry    out     work      and allow for the verification of his/her
  categorisation ;                                   knowledge ;
Ø provide employees with personal protective Ø       allow to be examined by the on-site
  wear and beverages ;                               physician, to undergo preventative
Ø ensure medical services of a physician who         examinations, e.g. inoculations and
  will work under a contract and provide the         diagnostic tests pursuant to special
  employees with preventative care;                  legislation ;
Ø arrange courses for employees to inform Ø          observe legal and other regulations and
  them of legal and other regulations to ensure      instructions of the employer concerning
  BOZP relating to their work and workplace ;        BOZP standards with which he/she has

Ø appoint a qualified person to ensure the          been duly acquainted, and be guided
  prevention of hazards (safety engineer) ;         by the principles of safe behaviour at
Ø fulfil obligations concerning work injuries and   the     workplace     and    based      on
  vocational diseases ; examine the causes of       information provided by the employer,
  injuries, keep records and further to take        and by work procedures which have
  measures in order to prevent injuries ;           been instituted ;       follow personal
Ø ensure granting first aid to employees ;          precautionary work guidlines and use
Ø ensure that the work premises meet BOZP           protective equipment ;
  and hygienic standards ;                        Ø refrain from drinking alcoholic bevera -
Ø put safety signs in place and operate warning     ges and using other non-controlled
  signals and inform employees accordingly ;        substances at the premises of
Ø regularly check the BOZP standards and            employer, and even during working
  verify if the employees are well- informed        hours       outside those workplaces,
  about the system.                                 refrain from entering the employer’s
                                                    workplace under the influence and from
                                                    smoking at the workplace, where non-
                                                    smokers are also present, and undergo
                                                    a test of non-controlled substances to
                                                    prove, if he/she is under the influence
                                                    of such substances based on the
                                                    instructions of a superior who is
                                                    authorised in writing by the employer ;
                                                  Ø report to       his/her   superior any
                                                    shortcomings and defects at the
                                                    workplace      which     may     possibly
                                                    endanger the health and work safety of
                                                    individuals at the workplace, and to
                                                    report and work-related injuries and co-
                                                    operate in providing further clarification
                                                    for their cause.

   6. Employer’s duties in relation to the employees’ representatives

The employer has consequential obligations towards the employees’ representatives, i.e. the
employees’ council, or the respective trade union organisation. Such duties are particularly
of an informational character (section 279 – to inform of the employer’s economic and
financial situation and his activities, of the legal position of the employer and persons
authorised to act on behalf of the employer in employer/employee relations, of measures to
ensure equitable treatment, etc.), the obligation to discuss (section 280 – structural changes,
transfer of employees, notice to quit, etc.) and to obtain prior consent in cases stipulated by
law (section 61 dismissal of a member of a trade union body, section 348 – unauthorised
absence from work, etc.).

   7. Employer’s duties concerning privacy protection

The employer also has certain duties concerning the protection of privacy and personal data
and discrimination prevention. In particular, the employer is obliged:

•     not to infringe upon the employee’s privacy at the workplace and in the commonly used
      premises of the employer without providing good reason by subjecting the employee to
      overt or covert shadowing, tapping and recording of his/her telephone calls, controlling
      his/her electronic or letter mail which is addressed to the employee;
•     to inform the employee directly of the extent of the control of his work and the course of
      its handling should the employer have serious grounds to carry out such control ensuing
      from the special nature of his business warranting the use of control mechanisms;
•     not to request from the employee information, which is not directly linked with his/her
      work and employment contract (in particular, information about pregnancy, family matters,
      financial situation, sexual orientation, origin, membership of a trade union organisation,
      political party or movement, and religion);

      8. Special duties regarding certain employee groups

Certain groups of employees have the statutory right to special protection and a special
modification of their working conditions. This applies, in particular, to pregnant and breast-
feeding mothers ( may not be assigned certain tasks and must be transferred to another
position if their existing position endangers their condition, and must be allowed paid feeding
breaks), juveniles (shorter working hours, no night or overtime work) and employees looking
after children or persons requiring special care ( may not be sent on business trips without
their explicit consent, right to shorter working hours) and handicapped persons (create
conditions for their employment; employers with 25 employees must employ at least 4%
people with a handicap or provide facultative compensation).

In conclusion, it is important to note that the rights and duties of employers and employees in
their mutual relationship may be regulated differently from what has been said above, only if
this is not explicitly disallowed by the Labour Code, or if the provisions of the Labour Code
are not of a nature denying such divergence.

    More information is available at :


                                         Professional notice

Weinhold Legal was established in 1996 and we currently boast a team of almost fifty Czech,
Slovak and foreign lawyers whereby bringing together the international know-how and detailed
knowledge of the local legal environment. We have offices in Prague and Bratislava and cooperate
with international law firms represented in more than 20 countries. Weinhold Legal is ranked among
one of the largest international law firms in the market in the annual publication Book of Lists.

Since 2000, Weinhold Legal’s ranking according to size, among international law firms, has been
             st    th
between the 1 and 5 positions.

Weinhold Legal has been awarded the accolade "The Law Firm of the Year 2008" in the
Competition Law category in the first year of competition organised by the publisher epravo.cz under
the auspices of the Czech Bar Association. Forty five leading law firms were polled as the basis for the
awards. Furthermore, Weinhold Legal was short-listed in majority of the categories, being a runner up
also in Corporate Law, Real Estate/Development, Mergers & Acquisition and Labour Law.

Weinhold Legal provides legal services in the following areas:
Banking and Finance, Mergers & Acquisitions, Privatisations, Company Law, E-commerce,
Intellectual Property and Information Technology, Labour Law, Competition Law, Real Estate, Public
and Private Tenders, Representation in Court, Administrative, and Arbitration Proceedings.

Weinhold Legal team members actively contribute to new legislation, particularly in commercial and
financial services law and provide valuable input concerning the work of organisations operating in the
capital markets sector. Our lawyers are authors of numerous publications and regularly lecture and
make presentations at professional conferences and workshops.

An outstanding quality of our practice is our close cooperation with leading tax, accounting and
corporate finance specialists. As a result, Weinhold Legal is in a superior position to provide
comprehensive solutions to business questions and to manage, implement and close complex
transactions in which legal, tax, accounting and financial advice are closely interrelated.

Weinhold Legal is the only law firm active in the Czech market which holds a security clearance from
the National Security Authority which allows access to classified information. This is apparent
evidence of the outstanding careful approach to confidentiality issues and the capacity to realise large
projects in the public sector.

Weinhold Legal serves its clients in Czech, Slovak, English, German languages and has lawyers
speaking also French, Hebrew, Polish.

JUDr. Tereza Kadlecová

                                            Weinhold Legal, v.o.s.
                                            Charles Square Center
                                            Karlovo náměstí 10
                                            120 00 Praha 2
                                            Tel.: +420 225 385 333
                                            Fax: +420 225 385 444
                                            E-mail: Tereza.Kadlecova@weinholdlegal.com

Tereza Kadlecová is an attorney at law at Weinhold Legal where she specializes in labor law and
commercial law. Tereza has worked with Weinhold Legal since 2006.

Tereza graduated from the Law Faculty of the Charles University in Prague in 2004 and in 2005 she
passed at this faculty her doctor’s degree. She also studied one year at the Law Faculty of Hamburg
University in Germany. In 2007 Tereza became a member of the Czech Bar Association.

Since 2006, when Tereza joined Weinhold Legal, she participated in various projects in the area of
labor, employment and commercial law and her experience includes inter alia preparation of
employment contracts, hiring, termination of employment contracts, assignments, preparation of bonus
plans, stock option plans and work regulations, implementation of various internal policies,
establishment of various forms of business presence in Czech Republic and corporate changes of

Tereza has actively participated in working groups of the American Chamber of Commerce and is a
permanent member of its Labor Law Committee.

Tereza has published articles on various legal issues in professional magazines as well as on
business- and legal-oriented websites businessinfo.cz and epravo.cz.

Tereza is also a contributor to the book "Redundancy Law in Europe” published by Kluwer Law
International in 2008 and publishes regularly in Czech specialist press.

Apart from her native Czech, Tereza speaks fluently English and German.

JUDr. Eva Svobodová, Ph.D.

                                            Weinhold Legal, v.o.s.
                                            Charles Square Center
                                            Karlovo náměstí 10
                                            120 00 Praha 2
                                            Tel.: +420 225 385 333
                                            Fax: +420 225 385 444
                                            E-mail: Eva.Svobodova@weinholdlegal.com

Eva Svobodová is a lawyer at Weinhold Legal who focuses primarily on labour law and social security

Eva joined the law office Weinhold Legal in 2007. Simultaneously, she works as an external teacher at
the Department of Labour Law and Social Security Law of the Law Faculty of the Charles University.
Previously, she worked at the Czech Social Security Administration, the Ministry of Finance and in
advocacy where she engaged in labour law, contractual relationships and public tenders. She has
significant experience in particular in the field of labour law, employee benefits, health insurance,
social security and consumer protection.

Eva is a member of the Association for Labour Law and Social Security and writes in the press
on various labour law and social security topics. She graduated from the Law Faculty of Charles
University in Prague (Mgr. degree - 2002) and continued with post gradual doctoral studies there.
During her studies, she spent one year at Juristische Fakultät Technische Universität Dresden.

Apart from her native Czech, Eva is fluent in English.