262/2006 Sb.
ACTof 21 April 2006
the Labour Code
Amended by: 585/2006 Sb.
Amended by: 181/2007 Sb.
Amended by: 261/2007 Sb., 296/2007 Sb., 362/2007 Sb., 357/2007 Sb.
Amended by: 116/2008 Sb.
Amended by: 121/2008 Sb., 126/2008 Sb.
Amended by: 294/2008 Sb.
Amended by: 305/2008 Sb., 382/2008 Sb., 451/2008 Sb.
Amended by: 262/2006 Sb. (see 55/2010 Sb.m.s.)
Amended by: 320/2009 Sb.
Amended by: 326/2009 Sb.
Amended by: 286/2009 Sb.
Amended by: 306/2008 Sb., 462/2009 Sb.
Amended by: 347/2010 Sb., 377/2010 Sb., 427/2010 Sb.
Amended by: 73/2011 Sb.
Amended by: 180/2011 Sb.
Amended by: 185/2011 Sb.
Amended by: 466/2011 Sb.
Amended by: 341/2011 Sb., 364/2011 Sb., 365/2011 Sb., 367/2011 Sb., 429/2011 Sb.
Amended by: 375/2011 Sb.
Amended by: 167/2012 Sb.
Amended by: 385/2012 Sb., 396/2012 Sb., 399/2012 Sb., 472/2012 Sb.
Amended by: 155/2013 Sb.
Amended by: 303/2013 Sb., 435/2013 Sb.
Amended by: 101/2014 Sb.
Amended by: 182/2014 Sb., 250/2014 Sb., 328/2014 Sb.
Amended by: 205/2015 Sb.
Amended by: 298/2015 Sb.
Amended by: 385/2015 Sb.
Amended by: 47/2016 Sb.
Amended by: 298/2016 Sb.
Amended by: 377/2015 Sb., 264/2016 Sb., 440/2016 Sb.
Amended by: 460/2016 Sb.
Amended by: 93/2017 Sb.
Amended by: 93/2017 Sb. (part)
Amended by: 206/2017 Sb.
Amended by: 222/2017 Sb.
Amended by: 292/2017 Sb.
Amended by: 202/2017 Sb.
Amended by: 99/2017 Sb., 203/2017 Sb., 463/2017 Sb.
Amended by: 148/2017 Sb.
Amended by: 310/2017 Sb.

Amended by: 181/2018 Sb.
Amended by: 333/2018 Sb.
Amended by: 32/2019 Sb.
Amended by: 358/2019 Sb.
Amended by: 366/2019 Sb.
Amended by: 285/2020 Sb.
Amended by: 285/2020 Sb. (part), 589/2020 Sb.
Amended by: 248/2021 Sb.
Amended by: 251/2021 Sb., 330/2021 Sb.
Amended by: 363/2021 Sb.
The Parliament has adopted the following Act of the Czech Republic:

PART ONEGENERAL PROVISIONSTITLE ISCOPE OF REGULATION AND DEFINITION OF LABOUR-LAW RELATIONS
Section 1
This Act:(a) regulates the legal relations arising from the performance of dependent work between
employees and employers; these relations are labour-law relationships,(b) also regulates legal relations of a collective nature and the promotion of mutual negotiations
between trade union organisations and employers’ organizations. Legal relations of a collective
nature, which are related to the performance of dependent work, are labour-law relationships;(c) transposes the relevant EU legislation1);(d) also regulates certain legal relations before the establishment of labour-law relationships
pursuant to (a);(e) regulates certain rights and obligations of employers and employees in compliance with theregime of an insured person temporarily incapable to work under the Sickness Insurance Act107)
and certain sanctions for its violation.
Section 1a(1) The meaning and purpose of the provisions of this Act are also expressed in the basic
principles of labour-law relations, which include, without limitation:(a) special legal protection of employee status;(b) satisfactory and safe conditions for the performance of work;

(c) fair remuneration of the employee;(d) proper performance of work by the employee in accordance with the legitimate interests ofthe employer;(e) equal treatment and non-discrimination of employees.
(2) The principles of special legal protection of employee status, satisfactory and safe
working conditions for the performance of work, fair remuneration of the employee, equal
treatment and non-discrimination of employees express values that protect public order.
Section 2(1) Dependent work is work that is performed in a relationship of the employer’s
superiority and the employee’s subordination, in the name of the employer, according to theemployer’s instructions, and the employee performs it for the employer in person.
(2) Dependent work must be performed for a wage, salary or remuneration for work, atthe expense and responsibility of the employer, during working hours at the employer’s
workplace, or at another agreed place.
Section 3
Dependent work may be performed exclusively in a basic labour-law relationship,
unless regulated by special legal regulations.2) Basic labour-law relationships are employment
relationships and legal relations established by agreements on work performed outside theemployment relationship.
Section 4
Labour-law relationships are governed by this Act; if this law cannot be applied, they
are governed by the Civil Code, always in accordance with the basic principles of labour-law
relationships.
Section 4a(1) A derogation governing rights or obligations in labour-law relationships may not belower or higher than any right or obligation laid down by this Act or a collective agreement as
the permissible minimum or maximum.
(2) Pursuant to subsection (1), there may be a derogation by means of an agreement aswell as an internal regulation; however, employees’ obligations may only be governed by anagreement between the employer and the employee.
(3) It is possible to derogate from Section 363 only in favour of the employee.
(4) If an employee waives the rights granted to him by this Act, a collective agreement
or an internal regulation, it shall be disregarded.

Section 4b
repealed

Section 5(1) This Act shall apply to relationships arising from the performance of a public office
if this is expressly provided for or if it is provided for by special legal regulations.
(2) If a public office is performed in an employment relationship, this employment
relationship shall be governed by this Act.
TITLE IIPARTIES TO THE BASIC LABOUR-LAW RELATIONSHIPS
Chapter 1
Employee

Section 6
An employee is a natural person who has undertaken to perform dependent work in abasic labour-law relationship.
Chapter 2
Employer

Section 7
An employer is a person for whom a natural person has undertaken to performdependent work in a basic labour-law relationship.
Section 8
repealed

Section 9
In labour-law relationships, the Czech Republic (hereinafter the “State”)6) acts throughand the rights and obligations arising from labour-law relationships are exercised on its behalf
by an organizational unit of the State7) which employs the employee in the basic labour-law
relationship in the name of the State (Section 3).
Section 10

repealed

Section 11
The employer’s managerial employees means employees who, at the various levels of
the employer’s management, are authorized to set and assign work tasks to subordinate
employees, to organize, manage and control their work and to give them binding instructions
for this purpose. The head of an organizational unit of the state is also a managerial employee,
or is considered as such.
Heading deleted
Section 12
repealed

TITLE III
Repealed

Section 13
repealed

Section 14
repealed

Section 15
repealed

TITLE IVEQUAL TREATMENT AND NON-DISCRIMINATION
Section 16(1) Employers are obliged to ensure equal treatment of all employees with regard totheir working conditions, remuneration for work and the provision of other monetary
performances or performances of monetary value, training and the opportunity to achieve a
career or other advancement.
(2) Any discrimination in labour-law relationships is prohibited, in particular on thegrounds of sex, sexual orientation, racial or ethnic origin, nationality, citizenship, social origin,gender, language, state of health, age, religion or belief, property, marital and family status andrelationship or family responsibilities, political or other opinion, membership and activities inpolitical parties or political movements, trade union organisations or employers' organizations;discrimination on grounds of pregnancy, maternity, paternity or gender identification isconsidered to be discrimination on grounds of sex.
(3) The concepts of direct discrimination, indirect discrimination, harassment, sexual
harassment, persecution, instruction to discriminate and incitement to discriminate and cases
where differential treatment is permissible are regulated by the Anti-Discrimination Act108).
(4) Differential treatment shall not be considered discrimination if the nature of the work
activities implies that such differential treatment is an essential requirement necessary for the
performance of the work; the purpose pursued by such an exception must be justified and therequirement proportionate. Discrimination shall not even mean measures justified as preventing
or levelling out the disadvantages arising from the natural person’s membership of a groupdefined by some of the reasons stated in the Antidiscrimination Act.
Section 17
Legal means of protection against discrimination in labour-law relationships are
regulated by the Anti-Discrimination Act.
TITLE V
CERTAIN PROVISIONS ON JURIDICAL ACTS
Section 18
If it is possible to interpret a juridical act in different ways, the most favourable
interpretation for the employee shall apply.

Section 19(1) A court shall take into account, even of its own motion, the invalidity of juridical act
for which the prescribed consent of a competent authority has not been granted where this Act
or a special act expressly so provides.
(2) If an act requires that a juridical act be only discussed with the competent authority,
it is not possible to declare the legal proceedings invalid only on the grounds that this discussion
did not take place.
(3) The invalidity of a juridical act may not be to the detriment of an employee unlessthe invalidity was caused exclusively by the employee himself.
Section 20
If a juridical act has not been made in the form required by this Act, and if performance
has already begun, it is not possible to invoke the invalidity of this act for those acts whichestablish or change the basic labour-law relationship.
Section 21
repealed

Heading deleted
Section 22
Only a trade union organisation may conclude a collective agreement on behalf of
employees.
Section 23(1) In a collective agreement, it is possible to regulate the rights of employees in labourlaw relationships, as well as the rights or obligations of the parties to this agreement.
Arrangements in a collective agreement which impose obligations on employees or prejudice
their rights under this Act shall be disregarded.
(2) A collective agreement may be concluded by and between an employer or several
employers or one or more employers' organizations, and one or more trade union organisations.
(3) A collective agreement is(a) a company collective agreement if it is concluded between the employer or several
employers and a trade union organisation or several trade union organisations established underthe employer;(b) a higher-level collective agreement if it is concluded between an employers’ organizationor organizations and a trade union organisation or trade union organisations.
(4) The procedure for concluding a collective agreement, including the settlement ofdisputes between the parties, shall be governed by the law governing collective bargaining11).
Section 24(1) A trade union also concludes a collective agreement for employees who are notunionised.
(2) If there are several trade union organisations operating under an employer, theemployer must negotiate a collective agreement with all trade union organisations; trade union
organisations act with legal consequences for all employees together and in concert, unless theyagree otherwise with each other and the employer.
Section 25(1) A collective agreement is binding on its parties.

(2) A collective agreement is also binding on:(a) employers who are members of an employers’ organization which has concluded a higherlevel collective agreement and on employers who have left the employers’ organization while
the collective agreement was in effect;(b) employees for whom a trade union organisation or trade union organisations have concluded
a collective agreement;(c) trade union organisations for which a higher-level collective agreement has been concluded
by a trade union organisation.
(3) An employee has the right to submit to the parties to the collective agreement ideas
to be discussed during collective bargaining on the collective agreement and has the right to be
informed about the course of this bargaining.
(4) The rights which arose from a collective agreement to individual employees shall be
exercised and satisfied as other rights of employees arising from employment relationship oragreements on work performed outside the employment relationship.
Section 26(1) A collective agreement may be concluded for a definite period or for an indefinite
period. If the expiry of the period under the first sentence depends on the fulfilment of acondition, the collective agreement must contain the latest date of its effect. A collective
agreement may be terminated in writing no earlier than 6 months after its effective date. The
notice period is at least 6 months and begins on the first day of the month following the deliveryof the notice of termination to the other party.
(2) The effect of a collective agreement begins on the first day of the period for which
the collective agreement was concluded and ends at the end of this period unless the effect ofcertain rights or obligations is agreed differently in the collective agreement.
(3) If a party to the collective agreement acting on behalf of employees ceases to exist,
the collective agreement shall cease to be effective by the last day of the following calendar
year.
Section 27(1) The provisions of a company collective agreement which regulate the rights arisingfrom employees’ labour-law relationships to a lesser extent than higher-level collective
agreements, shall be disregarded.
(2) A collective agreement must be concluded in writing and signed by the parties on
the same document, otherwise it shall be disregarded.
Section 28(1) A collective agreement cannot be replaced by another agreement.

(2) It is not possible to claim relative ineffectiveness of a collective agreement.
(3) It is not possible to terminate the collective agreement by the withdrawal of one ofthe parties; this shall be disregarded if the parties agree on the right to withdraw from thecollective agreement.
Section 29
The parties to the collective agreement are obliged to acquaint the employees with thecontent of the collective agreement no later than within 15 days of its conclusion. The employer
is obliged to ensure that the collective agreement is accessible to all its employees.
PART TWOEMPLOYMENT RELATIONSHIPTITLE I
ACTS BEFORE THE ESTABLISHMENT OF AN EMPLOYMENT RELATIONSHIP
Section 30(1) The selection of natural persons applying for employment in terms of qualifications,necessary requirements or special abilities is within the competence of the employer, unlessotherwise provided by a special legal regulation12); this does not affect the requirements
imposed by a special legal regulation on a natural person as an employee.
(2) In connection with acts before the establishment of an employment relationship, theemployer may require from a natural person who is applying for a job with it or from otherpersons only data that are directly related to the conclusion of the employment contract.
Section 31
Before concluding an employment contract, the employer is obliged to acquaint thenatural person with the rights and obligations that would result for him from the employment
contract or appointment, and with the working and remuneration conditions under which he isto perform the work and the obligations under special legislation relating to the work to be
performed under the employment relationship.
Section 32
In cases stipulated by a special legal regulation, the employer is obliged to ensure thatthe natural person undergoes an initial medical examination before the employment relationshipis established.
TITLE IIEMPLOYMENT, EMPLOYMENT CONTRACT AND ESTABLISHMENT OFEMPLOYMENT RELATIONSHIP

Section 33(1) An employment relationship shall be established by an employment contract
between the employer and the employee, unless otherwise provided in this Act.
(2) If a special legal regulation or the articles of an association, trade union organisationor employers’ organization pursuant to a special legal regulation require that a vacant position
be filled on the basis of a selection by a competent authority, the selection shall be considereda requirement preceding the conclusion of an employment contract.
(3) Appointment to a managerial position shall establish an employment relationship incases stipulated by a special legal regulation16a); unless otherwise provided by a special legal
regulation, employment relationship shall be established by appointment only in the case of the
manager of:(a) a State organisational unit7);(b) an organizational section of a State organizational unit;(c) an organizational section of a State-owned enterprise13);(d) an organizational section of a State-owned fund14);(e) a publicly co-funded organization15);(f) an organizational section of a publicly co-funded organization;(g) an organizational section in the Police of the Czech Republic16).
(4) The appointment pursuant to subsection (3) shall be made by the person who iscompetent to do so pursuant to a special legal regulation16b); if the competence for appointment
is not given provided by a special legal regulation, the manager of:(a) a State organizational unit7) shall be appointed by the head of the superior State
organizational unit;(b) an organizational section of a State organizational unit shall be appointed by the head of thisState organizational unit7);(c) an organizational section of a State-owned enterprise shall be appointed by the Director of
the State-owned enterprise13);(d) an organizational section of a State-owned fund headed by an individual governing bodyshall be appointed by the head of this fund14);(e) a publicly co-funded organization shall be appointed by the founder;(f) an organizational section of a publicly co-funded organization15) shall be appointed by thehead of this publicly co-funded organization;

(g) an organizational section in the Police of the Czech Republic16) shall be appointed by the
Police President.
Section 34(1) An employment contract must contain:(a) the type of work that the employee is to perform for the employer;(b) the place or places of work where the work under subsection (a) is to be performed;c) date of commencement of work.
(2) An employment contract must be concluded in writing.
(3) If the employee does not commence work on the agreed day without being prevented
to do so by an obstacle to work, or if the employer does not learn of this obstacle within a week
(Section 350a), the employer may withdraw from the employment contract.
(4) Withdrawal from the employment contract is possible only if the employee has notcommenced work. Withdrawal from the employment contract requires written form, otherwise
it is disregarded.
(5) Each party must receive one copy of the employment contract.
Section 34a
If a regular workplace for travel allowances purposes is not agreed in the employment
contract, the regular workplace is conclusively presumed to be the place of work agreed in theemployment contract. However, if the place of work is agreed more widely than in one
municipality, the regular workplace is considered to be the municipality where the employee
most frequently starts his trips for the purpose of performing work. The regular workplace forthe purposes of travel allowances may not be agreed more broadly than one municipality.
Section 34b(1) Employees in an employment relationship must be assigned work within the scopeof specified weekly working hours, with the exception of working time account (Section 86 and
87).
(2) An employee in another basic labour-law relationship with the same employer may
not perform work defined as the same type of work. If the employer is the State, the first
sentence applies only if the work is performed in the same State organizational unit.
Section 35
Trial period(1) If a trial period is agreed, it may not be longer than:(a) 3 consecutive months from the establishment of the employment relationship (Section 36);(b) 6 consecutive months from the establishment of the employment relationship (Section 36)
in the case of a managerial employee.
(2) A trial period may also be arranged in connection with the appointment to a
managerial position (Section 33(3)).
(3) A trial period may be agreed no later than on the day which was agreed as the dayof commencement of work or on the day which was stated as the day of appointment to theposition of a managerial employee.
(4) The agreed trial period may not be additionally extended. However, the probationary
period is extended by the period of all-day obstacles at work for which the employee does notwork during the trial period and by the period of all-day leave.
(5) The trial period may not be agreed as longer than half of the agreed duration of theemployment relationship.
(6) The trial period must be agreed in writing.
Section 36
Termination of employment relationshipAn employment relationship is created on the day agreed in the employment contract as
the day of commencement of work or on the day stated as the day of appointment to the positionof a managerial employee.
Section 37
Informing about the content of an employment relationship(1) If the employment contract does not contain details on the rights and obligations
arising from the employment relationship, the employer is obliged to inform the employee about
them in writing within 1 month from the establishment of the employment relationship; thisalso applies to changes to this details. The information must contain:(a) the name(s) and surname(s) of the employee and the name and registered office of theemployer if it is a legal person, or the name(s) and surname(s) and address of the employer if it
is a natural person;(b) details about the type and place of work;(c) the length of leave, or an indication of the method of determining leave;(d) information on notice periods;(e) information on weekly working hours and its schedule;(f) information on the wage or salary and the method of remuneration, payable date of the wage
or salary, the date of payment of the wage or salary, the place and method of payment of thewage or salary;

(g) details on collective agreements governing the employee’s working conditions and detailsof the parties to those collective agreements.
(2) If the employer sends an employee to perform work to another country, he is obliged
to inform him in advance about the expected duration of this posting and the currency in which
he will be paid wage or salary.
(3) The information referred to in subsection (1)(c), (d) and (e) and in subsection (2)concerning the currency in which the employee will be paid salary or wage may be replaced bya reference to the relevant legislation, collective agreement or internal regulation.
(4) The obligation to inform employees in writing about the basic rights and obligations
arising from the employment relationship does not apply to employment relationship for aperiod of less than 1 month.
(5) Upon commencing work, the employee must be acquainted with the work rules andlegal and other regulations to ensure occupational safety and health, which must be observed
while working. The employee must also be familiar with the collective agreement and internal
regulations.
Section 38
Obligations arising from the employment relationship(1) Since the establishment of the employment relationship:(a) the employer is obliged to assign work to the employee in accordance with the employment
contract, to pay him a wage or salary for the work performed, to create conditions for the
performance of his work tasks and to comply with other working conditions stipulated by law,
contract or internal regulation;(b) the employee is obliged, in accordance with the instructions of the employer, to perform
work in person in accordance with the employment contract during the scheduled weekly
working hours and to comply with the obligations arising from the employment relationship.
(2) Employment relationship established by appointment shall be governed by theprovisions on the employment relationship agreed in the employment contract.
(3) The employer is obliged to submit to the trade union organisation reports on newly
created employment relationships within the time limits agreed with it.
Section 39
Employment for a fixed-term period(1) The employment relationship lasts for an indefinite period unless its duration has
been explicitly agreed.
(2) The period of a fixed-term employment relationship between the same parties may
not exceed 3 years and may be renewed no more than twice from the date of the first fixed-term
employment relationship. Extension of the employment for a definite period of time is also

considered a renewal thereof. If three years elapsed from the termination of the previous
employment for a definite period of time, the previous employment for a definite period of time
between the same contracting parties shall not be taken into account.
(3) The provisions of subsection (2) shall not affect the provisions of special legal
regulations, which assume that an employment relationship may last only for a certain period17).
(4) If there are serious operational reasons or reasons arising from the special nature of
the work attributable to the employer on the basis of which the employer cannot be fairly
required to propose to the employee who is to perform this work the establishment of an
employment relationship for an indefinite period, subsection (2) shall not apply provided thatdifferent approach is proportionate to these reasons and a written agreement between theemployer and the trade union organisation provides for:(a) a more detailed definition of these reasons;(b) the rules of the employer’s different approach to establishing and renewing a fixed-term
employment relationship;(c) the group of employees of the employer who will be affected by such different approach;(d) the period for which the agreement is concluded.
A written agreement with a trade union organisation may be replaced by an internal
regulation only if in the absence of a trade union organisation of the employer; the internal
regulation must contain the particulars referred to in the first sentence.
(5) If the employer and an employee establish a fixed-term employment relationship inviolation of subsections (2) to (4), and if the employee notified the employer in writing within
the agreed period that he insists on continuing being employed, the employment relationship isconclusively presumed to be for an indefinite period. No later than two months from the dateon which the employment relationship was to end by the expiry of the agreed period, both theemployer and the employee may apply to the court to determine whether the conditions set out
in subsections (2) to (4) have been met.
(6) Subsection (2) shall not apply to an employment contract establishing a fixed-term
employment relationship concluded between an employment agency18) and an employee inorder to perform work for another employer (Sections 307a, 308 and 309).
TITLE III
Changes to an employment relationship
Section 40
General provisions(1) The content of an employment relationship may be changed only if the employer
and the employee so agree. A change to an employment relationship is also considered toinclude appointment to a managerial position pursuant to Section 33(3) which occurs after theestablishment of an employment relationship.

(2) An employee is obliged to perform work of a different kind or in a different placethan agreed in the employment contract only in the cases specified in this Act.
(3) Section 37 applies here as well, with the necessary modifications.
Transfer to perform other work, business trip and relocation
Section 41
Transfer to perform other work
(1) The employer is obliged to transfer the employee to perform other work:(a) if the employee, due to his state of health, according to the medical report issued by theoccupational health service provider or the decision of the competent administrative bodyreviewing the medical report, has lost the long-term ability to continue performing the previous
work;(b) if, on the basis of a medical report issued by an occupational health service provider or adecision of the competent administrative authority examining the medical report, he is notallowed to continue performing the work due to an industrial injury, occupational disease or arisk thereof, or if he has reached the maximum permissible exposure in a workplace sodetermined by the competent public health protection authority19);(c) if a pregnant female employee, lactating female employee or a female employee who is amother, by the end of the ninth month after birth, performs work which such female employees
may not perform or which, according to a medical opinion, endangers their pregnancy ormaternity;(d) if necessary according to a medical opinion issued by an occupational health service
provider or a decision of the competent public health protection authority in order to protect thehealth of other natural persons against an infectious disease;(e) if necessary according to a final decision of a court or administrative authority, another statebody or a body of a territorial self-governing unit;(f) if the employee working at night is declared unfit for night work on the basis of a medical
report issued by the occupational health service provider;(g) at the request of a pregnant female employee, a lactating female employee or a female
employee who is a mother, by the end of the ninth month after birth, who works at night.
(2) The employer may transfer the employee to perform other work:(a) if the employee has been given notice of termination for reasons set out in Section 52(f) and(g);(b) if criminal proceedings have been instituted against the employee on suspicion of intentional
criminal activity committed in the course of work or in direct connection therewith to thedetriment of the employer’s property, for the period until the final termination of the criminal
proceedings;

(c) if the employee temporarily ceases to meet the conditions stipulated by special legal
regulations for the performance of the agreed work, but in this case for a maximum of 30
working days in a calendar year.
(3) If it is not possible to achieve the purpose of the transfer pursuant to subsections (1)and (2) by transferring the employee within the employment contract, the employer may inthese cases transfer him or her to perform work of a different type than agreed in theemployment contract, even if the employee does not agree.
(4) The employer may, for strictly necessary time, transfer the employee, even without
his consent, to perform work other than the one agreed, if this is necessary to avert an
emergency, natural disaster or other impending accident or to mitigate their immediate
consequences.
(5) If the employee is unable to perform the work due to downtime or interruption ofwork caused by adverse weather conditions, the employer may transfer him or her to perform
work other than the one agreed in the employment contract only if the employee agrees withthe transfer.
(6) When transferring an employee to perform other work pursuant to subsections (1)to (3), the employer is obliged to take into account that this job is suitable for him due to hishealth condition and abilities and, if possible, his qualifications.
(7) The employer is obliged to discuss in advance with the employee the reason for thetransfer to perform other work and the period for which the transfer is to last; if the transfer ofthe employee changes the employment contract, the employer is obliged to issue a written
confirmation of the reason for the transfer to perform other work and its duration, except asprovided in subsection (2)(c) and subsection (4).
Section 42
Business trip
(1) A business trip means a time-limited posting of an employee by the employer toperform work outside the agreed place of work. The employer may send the employee on abusiness trip for the necessary time only if the employee agrees therewith. On the business trip,
the employee performs the work according to the instructions of the managerial employee who
sent him on the business trip.
(2) If the employer sends an employee on a business trip to perform his tasks in adifferent organizational unit (to another employer), it may authorize another managerial
employee (another employer) to give instructions to the employee, or to organize, manage andcheck his work; the authorisation must have its scope defined. The employee must be
acquainted with the authorization under the first sentence. However, the managerial employeesof another employer may not make juridical acts towards the employee on behalf of the posting
employer.
Section 43
Relocation

(1) It is only possible to relocate an employee to perform work in a place other than thatagreed in the employment contract with his consent and within the same employer, if urgently
required by its operational needs.
(2) The relevant managerial employee of the organizational unit (section) to whose
workplace the employee was relocated assigns work tasks to the transferred employee,organizes, manages and checks his work, and gives him or her instructions for this purpose.
Section 43a
Temporary assignment(1) The employer may conclude an agreement on the temporary assignment of an
employee to another employer with this employee no earlier than 6 months after theestablishment of the employment relationship.
(2) Remuneration may not be provided for the temporary assignment of an employee toanother employer; this shall not apply to the reimbursement of costs incurred pursuant tosubsection (5).
(3) The agreement must state the name of the employer, if it is a legal person, or thename(s) or surname(s) of the employer if he is a natural person to whom the employee is
temporarily assigned, the date of the temporary assignment, type and place of performance ofwork and the period for which the temporary assignment is agreed. The regular workplace may
be agreed in the agreement for the purpose of travel allowances; this is without prejudice toSection 34a. The agreement must be concluded in writing.
(4) During the temporary assignment of an employee to perform work for another
employer, work tasks are assigned, work is organized, managed and checked, binding
instructions are given, favourable working conditions are created and occupational safety andhealth is ensured on behalf of the employer who has temporarily assigned the employee by theemployer to whom the employee has been temporarily assigned. This employer may not makejuridical acts towards the temporarily assigned employee on behalf of the employer who has
temporarily assigned the employee.
(5) For the period of temporary assignment, the employee is provided with a wage orsalary, or travel allowances by the employer who has temporarily assigned the employee.
(6) The working and wage or salary conditions of an employee temporarily assigned toanother employer may not be worse than the conditions of a comparable employee of theemployer to which the employee is temporarily assigned.
(7) The temporary assignment pursuant to subsections (1) to (5) shall end upon the
expiration of the period for which it was agreed. Before the expiry of this period, the temporary
assignment shall end upon the agreement of the parties to the employment contract or thetermination of the temporary assignment agreement for any reason or no reason, with a 15-day
notice period beginning on the date the notice is delivered to the other party. The agreement on
the termination of the temporary assignment or termination of this agreement must be inwriting.

(8) It is prohibited to apply temporary assignment provisions to agency work.
(9) The temporary assignment provisions shall not apply in the case of update or upgradeof qualification110).
Common provisions on changes in employment relationship and return to work
Section 44
If the reasons for which the employee was transferred to perform other work or was
relocated to a place other than the one agreed, or if the period for which this change was agreed
expired, the employer is obliged to assign the employee according to the employment contract,unless they agree on a change to the employment contract.
Section 45
If an employee requests to be transferred to perform other work or to another workplace,or to be relocated to another place, because according to the recommendation of theoccupational health service provider it is not appropriate to continue performing the existing
work or to work at the current workplace, the employer is obliged to allow him or her to do so
as soon as permitted by operating conditions. The work and workplace to which the employer
transfers the employee must be suitable for the employee.
Section 46
If the employer transfers the employee to perform work other than the one
corresponding to the employment contract and the employee does not agree with such ameasure, the employer may transfer him or her only after consultation with the trade union
organisation. No consultation is required if the total transfer period does not exceed 21 working
days in a calendar year.
Section 47
If work is commenced by an employee after the end of performance of a public service
or activity for a trade union organisation for which he or she has been released within the scopeof working hours, or after a military exercise or service in an operational deployment, or afemale employee after maternity leave or a male employee after parental leave within the scopeof the period for which a female employee is entitled to maternity leave, or after the end of thelong-term care period in cases under the Sickness Insurance Act with the consent of theemployer pursuant to Section 191a, or after the end of the period of giving treatment to a childunder the age of 10 or another natural person in cases under the Sickness Insurance Act andperiod of care for a child under the age of 10 for the reasons set out in the Sickness Insurance
Act, or if the employee commences work after the end of temporary incapacity for work orquarantine, the employer is obliged to assign them to their original work and workplace. If thisis not possible because the original work or workplace has ceased to exist, the employer isobliged to assign them according to the employment contract.
TITLE IVTERMINATION OF EMPLOYMENT RELATIONSHIP

Chapter 1
General provisions on termination and end of employment relationship
Section 48(1) An employment relationship may be terminated only by:(a) agreement;(b) notice of termination;(c) immediate cancellation;(d) cancellation during the trial period.
(2) A fixed-term employment relationship also ends at the end of the agreed period.
(3) The employment relationship of a foreign national or a stateless natural person shallend, unless it has already ended otherwise:(a) on the date on which his stay in the territory of the Czech Republic is to end according toan enforceable decision on the revocation of the residence permit;b) on the day when the judgement imposing the sentence of expulsion from the Czech Republic
on these persons came into force,(c) upon the expiry of the period for which the person was issued the work permit 20), an
employment card or a long-term residence permit for the purpose of performing a job requiringhigh qualification.
(4) The employment relationship ceases to exist upon the death of the employee. The
extinction of an employment relationship in the event of the death of the employer who is anatural person is regulated under Section 342(1).
Chapter 2
Partnership
Section 49(1) If the employer and the employee agree to terminate the employment relationship,
the employment relationship shall end on the agreed date.
(2) The agreement on termination of employment relationship must be in writing.
(3) Each party must receive one copy of the agreement on termination of employment.
Chapter 3

Notice of termination, notice period and reasons for termination
Division 1
Notice of termination

Section 50(1) Notice of termination of an employment relationship must be in writing, otherwise
it is disregarded.
(2) The employer may give notice of termination to an employee only for the reason
expressly provided in Section 52.
(3) An employee may give notice of termination to the employer for any reason or
without giving a reason.
(4) If the employer gives a notice of termination to an employee (Section 52), the reason
in the notice of termination must be factually specified so that it cannot be confused withanother reason. The reason for the notice of termination may not be subsequently changed.
(5) Notice of termination may only be withdrawn with the other party’s consent; both
the withdrawal of the notice of termination and the consent thereto must be made in writing.
Section 51(1) Where a notice of termination has been given, the employment relationship shall end
upon the expiry of the notice period. The notice period must be the same for both the employer
and the employee and shall be at least two months, except as provided under Section 51a. The
notice period may be extended only by agreement between the employer and the employee; thisagreement must be in writing.
(2) The notice period shall commence on the first day of the calendar month following
delivery of the notice of termination and ends upon the expiry of the last day of the relevant
calendar month, except as provided under Section 51a, Section 53(2), Section 54(c) and Section
63.
Section 51a(1) If the notice of termination has been given by the employee due to the passage ofrights and obligations from labour-law relationships or due to the passage of exercise of rights
and obligations from labour-law relationships within 15 days from the date on which theemployee was informed of such passage to the extent laid down in Section 339 no later than 30days before the effective date of this passage, the employment relationship shall end no later
than on the date preceding the effective date of this passage.
(2) If the employee has not been informed of the passage of rights and obligations
arising from labour-law relationships or of the passage of the exercise of rights and obligations

arising from labour-law relationships to the extent laid down in Section 339 no later than 30days before the effective date of this passage, he may, for that reason, give notice of termination,and:(a) if the notice of termination was given before the effective date of the passage, theemployment relationship shall end on the date preceding the effective date of the passage;(b) if the notice of termination was given within two months of the effective date of the passage,
the employment relationship shall end upon the expiry of the notice period of 15 days beginningon the date on which the notice of termination was delivered to the employer.
Division 2
Notice of termination given by the employer
Section 52
The employer may give notice of termination to the employee only for the following
reasons:(a) if the employer or its part is dissolved;(b) if the employer or its part relocates;(c) if the employee becomes redundant due to the decision of the employer or the competentauthority to change his tasks, technical equipment, to reduce the number of employees for the
purpose of increasing labour productivity or to introduce other organizational changes;(d) if, on the basis of a medical report issued by an occupational health service provider or adecision of the competent administrative authority examining the medical report, the employee
is not allowed to continue performing the work due to an industrial injury, occupational diseaseor a risk thereof, or if he has reached the maximum permissible exposure in a workplace sodetermined by the competent public health protection authority;(e) if the employee, due to his state of health, according to the medical report issued by theoccupational health service provider or the decision of the competent administrative authority
reviewing the medical report, has lost, long-term, medical fitness;(f) if the employee does not meet the conditions prescribed by law for the performance of theagreed work or if, for reasons not attributable to the employer, he does not meet therequirements for proper performance of such work; where the employee’s failure to fulfil theserequirements is due to his unsatisfactory work performance and where the employer requested
him in writing in the last 12 months to rectify the failure to meet the said requirements and theemployee has not done so within a reasonable period of time, the employee may be given noticeof termination due to this reason;(g) if there are reasons on the employee’s side due to which the employer could immediately
cancel the employment relationship, or if the employee has seriously breached a statutory
obligation relating to the work performed by him; in the case of ongoing but less serious
breaches of statutory obligation that relates to the work performed by the employee, thisemployee may be given notice of termination by his employer provided that in the last six
months the employer notified the employee of this possibility with regard to breach of statutory
obligations that relate to the work performed;(h) if the employee causes a particularly gross violation of an obligation laid down in Section
301a.
Division 3
Prohibition of notice of termination by the employer
Section 53(1) It is prohibited to give notice of termination to an employee during the protection
period, namely:(a) during a period when the employee is recognised to be temporarily incapable of work, unlessthe employee brought on this incapacity intentionally or unless it arose as an immediate
consequence of his drunkenness or abuse of addictive substances, and during a period from thesubmission of a proposal for an employee’s institutional treatment or from commencement ofa spa treatment until the end of such treatment; if an employee suffers from tuberculosis, theprotection period shall be extended by six months after his discharge from institutional
treatment;(b) during the performance of military training or service in operational deployment from thedate when the employee was served with the call-up order, for the period of performance of
these types of military active service, until 2 weeks after his release from these types of militaryactive service;(c) during a period when the employee is long-term fully released from his job to exercise apublic office;(d) during a period when a female employee is pregnant or when a female employee is on
maternity leave or when a female employee or male employee is on parental leave;(e) during a period when the employee working at night is recognized on the basis of a medical
report issued by an occupational health service provider to be temporarily unfit for night work;(f) during a period when the employee provides long-term care in the cases referred to in
Sections 41a and 41c of the Sickness Insurance Act with the consent of the employer pursuant
to Section 191a, during a period when he provides treatment to a child under 10 years of age orother natural persons in cases provided in the Sickness Insurance Act and during a period when
he provides care for a child under the age of 10 for the reasons provided in the Sickness
Insurance Act.
(2) If an employee has been given notice of termination before the start of the protection
period so that the notice period should expire within the protection period, this protection period
shall not be included in the notice period; the employment relationship shall terminate only
upon the expiry of the remaining part of the notice period after the end of the protection period
except when the employee informs his employer that he does not insist on the prolongation ofhis employment relationship.
Section 54
The prohibition to give notice of termination pursuant to Section 53 does not apply to a
notice of termination given to an employee:(a) due to organizational changes referred to in Section 52(a) and (b); this does not apply toorganizational changes provided in Section 52(b), if the employer relocates within the limits ofthe place(s) of performance of the work in which the work is to be performed according to theemployment contract;(b) due to organizational changes provided in Section 52(b); this does not apply to a pregnant
female employee, a female employee on maternity leave or a male employee on parental leave
until the end of the period for which a woman is entitled to take maternity leave;(c) due to a reason for which the employer may immediately cancel such employee’s
employment relationship unless it concerns a female employee on maternity leave or a male
employee on parental leave until the end of the period for which a woman is entitled to takematernity leave; where a female employee or a male employee was given notice of termination
for this reason before the start of maternity or parental leave and the notice period would have
expired within the period of maternity or parental leave, the notice period shall end
simultaneously with the end of the maternity or parental leave;(d) for another breach of a statutory obligation relating to the work performed [Section 52(g)]or a particularly gross breach of another obligation of the employee provided in Section 301a
[Section 52(h)]; this does not apply to a pregnant female employee, a female employee onmaternity leave, or a female or male employee on parental leave.
Chapter 4
Immediate cancellation of an employment relationship
Section 55
Immediate cancellation of an employment relationship by the employer(1) The employer may exceptionally terminate the employment relationship
immediately only if:(a) the employee has been convicted of a wilful criminal offence to a term of unconditional
imprisonment of over one year or if the employee has been convicted of a wilful criminal
offence committed during the performance of his working tasks or in direct connection
therewith to an unconditional imprisonment of no less than six months;(b) if the employee is culpable of a particularly gross breach of a statutory obligation that relates
to the work he performs.
(2) The employer may not immediately cancel the employment relationship with apregnant female employee, a female employee on maternity leave, a female or male employee
who is on parental leave.

Section 56
Immediate cancellation of an employment relationship by the employee(1) An employee may terminate an employment relationship immediately only if:(a) according to a medical certificate issued by the occupational health service provider or undera decision of the competent administrative authority that reviews the medical certificate, theemployee cannot continue to perform his work without a serious threat to his health and theemployer has not transferred the employee to perform some suitable alternative work within 15
days of the submission of such medical certificate; or(b) the employer has not paid him the wage or salary or the compensatory wage or salary or any
part thereof within 15 days of the payable date (Section 141(1)).
(2) An employee who immediately cancels his employment relationship shall be entitled
to compensatory wage or salary in the amount of average earnings for the period corresponding
to the length of the notice period. For the purpose of compensatory wage or salary Section 67(3)shall apply.
Section 56a
repealed
Chapter 5
Common provisions on the termination of an employment relationship
Section 57(1) For a particularly gross breach of any other obligation of the employee set out in
Section 301a [Section 52(h)], the employer may give notice of termination to the employee
only within one month from the day when he became aware of this reason for notice oftermination, but no later than within one year from the day when such reason for termination
arose.
(2) Where during one month pursuant to subsection (1) an employee’s conduct that may
be regarded as breach of the regimen by an insured person with temporary incapacity for work
becomes the subject-matter of an inspection by another agency, the employee may also be given
notice within one month from the date on which the employer learns of the result of theinspection.
Section 58(1) For breach of a statutory obligation concerning work performed by the employee, orfor a reason for which an employment relationship may be immediately cancelled, the employer
may give notice to the employee or to immediately cancel the employment relationship withhim only within a period of two months from the date on which the employer learned of thereason for the notice of termination or for immediate cancellation of the employment
relationship, and where it concerns breach of an obligation arising from employment by anemployee abroad, the employer may give notice to the employee or to immediately cancel an
employment relationship with him within a period of two months from the employee’s returnfrom abroad, but always within one year from the date on which the reason for notice oftermination or immediate cancellation of the employment relationship arose.
(2) Where during the two-month period pursuant to subsection (1) the employee’s
conduct that may be regarded as breach of a statutory obligation concerning work performedby the employee becomes the subject-matter of investigation by another body, the employer
may also give notice of termination to the employee or to immediately cancel the employment
relationship with him within a period of two months from the date on which the employer
learned of the result of the investigation.
Section 59
The employee may immediately cancel the employment relationship only within 2months from the date when he learned of the reason for immediate cancellation, but no later
than within 1 year from the day when this reason arose.
Section 60
In the event of immediate cancellation of employment relationship, both the employer
and the employee must factually define its reason so that it cannot be confused with another.
This reason may not be subsequently changed. Immediate cancellation of an employment
relationship must be in writing, otherwise it is disregarded.
Section 61(1) The employer is obliged to first discuss the notice of termination or immediatecancellation of an employment relationship with the trade union organisation.
(2) If the employee is a member of a trade union organisation body established underthe employer, during his term of office and within 1 year after its termination, the employer isobliged to ask the trade union organisation for prior consent to give notice of termination to theemployee or immediately cancel his employment relationship. If the trade union organisation
has not refused to give its consent to the employer within 15 days from the date on which it was
requested by the employer, it is also considered prior consent.
(3) The employer may use the consent pursuant to subsection (2) only within a time
limit of two months from its granting.
(4) Where the trade union organization refuses to give its consent pursuant to subsection(2), the notice of termination or immediate cancellation of the employment relationship for thisreason is thus invalid; however if the other conditions for giving notice of termination or
immediate cancellation are met and the court rules in a dispute pursuant to Section 72 that theemployer cannot be justly expected to employ such employee any further, the notice oftermination or immediate cancellation of the employment relationship shall be valid.
(5) The employer is obliged to acquaint the trade union organisation with other cases oftermination of employment relationship within the time limits agreed with it.

Chapter 6
Collective dismissal
Section 62(1) “Collective dismissal” means the termination of employment relationships within aperiod of 30 calendar days on the basis of notice of termination given by the employer for oneof the reasons laid down in Section 52(a) to (c) to no less than:(a) 10 employees of an employer employing from 20 to 100 employees;(b) 10% of the employees of an employer employing between 101 and 300 employees; or(c) 30 employees of an employer employing more than 300 employees. Where employment
relationships of at least five employees are terminated under the conditions laid down in thefirst sentence, the total number of employees pursuant to (a) to (c) shall also include those
employees with whom the employer terminated their employment relationship for the same
reasons by agreement.
(2) Before giving notice of termination to individual employees, this shall be reported
in writing by the employer to the trade union organization and the works council in time, latest
30 days in advance; the employer shall also provide the information on:(a) the reasons for the collective dismissal;(b) the number and professional qualifications of the employees to be dismissed;(c) the number and professional qualifications of all employees employed by the employer;(d) the time when the collective dismissal is to take place;(e) the criteria proposed for the selection of the employees to be dismissed;(f) severance pay or other rights of the dismissed employees.
(3) The purpose of consultations with the trade union organization and the works council
is to reach an agreement, in particular with regard to measures aimed at prevention or reductionof collective dismissals, the mitigation of their adverse implications for employees, especiallythe possibility of their placement in suitable jobs at other employer's workplaces.
(4) The employer shall simultaneously inform in writing the regional branch of theLabour Office with territorial competence according to the employer’s place of activities of themeasures pursuant to subsections (2) and (3), in particular of the reasons for such measures, thetotal number of employees and the number and professional structure of those employees
affected by the measures, the period within which the collective dismissals will take place, thecriteria proposed for the selection of employees to be made redundant and also thecommencement of consultation with the trade union organization and the works council. One
copy of the written information shall be delivered by the employer to the trade union
organization and one to the works council.

(5) The employer shall provably deliver to the regional branch of the Labour Office withterritorial competence according to the employer’s place of activities a written report on its
decision on collective dismissal and on the results of consultation with the trade union
organization and the works council. The employer shall specify in the report the total numberof employees and the number and professional qualifications of those employees affected by
the collective dismissal. One copy of this report shall be delivered to the trade union
organization and one to the works council. The trade union organization and the works council
have the right to give each its independent opinion on the employer’s written report and deliver
it to the regional branch of the Labour Office with territorial competence according to theemployer’s place of activities. Where an insolvency order21a) has been issued against theemployer, the employer shall deliver such written report to the competent regional branch of
the Labour Office only at its request.
(6) Where neither a trade union organization nor a works council has been formed or
operates at the employer, the employer shall fulfil the duties pursuant to subsections (2) to (5)in relation to every employee affected by the collective dismissal.
(7) The employer is obliged to inform the employee of the date of delivery of the written
report of the employer to the regional branch of the Labour Office pursuant to Section 63.
Section 63
The employment relationship of an employee affected by collective dismissal shallterminate by notice of termination no earlier than after 30 consecutive days from the deliveryof the employer's written report pursuant to Section 62(5) to the regional branch of the Labour
Office with territorial competence according to the employer’s place of activities except whenthe employee declares that he does not insist on the extension of his employment relationship.
This shall not apply where an insolvency order21a) has been made against the employer.
Section 64
Sections 62 and 63 also apply where the collective dismissal has been decided by thecompetent authority [Section 52(c)].
Chapter 7
Other cases of termination of employment relationship
Section 65
Termination of fixed-term employment relationship(1) A fixed-term employment relationship may also end by the other ways laid down in
Section 48(1), (3) and (4). Where the duration of such employment relationship was restrictedby a period in which specified working tasks are to be performed, the employer shall notify his
employee in time that the work will be completed, as a rule, at least three days in advance.
(2) Where after expiry of the agreed term [Section 48(2)] the employee continues toperform his work and the employer is aware of it, such employment relationship shall beconclusively considered to change into an employment relationship for an indefinite period.
Section 66
Termination of an employment relationship during trial period(1) During a trial period both the employer and the employee may terminate theemployment relationship for to any reason or without stating any reason. During the trial period
the employer may not terminate an employment relationship within the first 14 calendar daysof an employee’s temporary incapacity for work (quarantine).
(2) A written form is required for the termination of an employment relationship during
the probationary period, otherwise it will be disregarded. The employment relationship shallend upon the receipt of the notice of termination unless it specifies a later date.
Chapter 8
Severance pay
Section 67(1) On the termination of an employment relationship, an employee whose employment
relationship is terminated by a notice of termination given by his employer for one of thereasons laid down in Section 52(a) to (c) or by agreement for the same reasons is entitled toreceive from the employer severance pay at least in the amount equal to:(a) once his average earnings where the employment relationship to the employer lasted lessthan one year;(b) twice his average earnings where the employment relationship to the employer lasted atleast one year and less than two years;(c) three times his average earnings where the employment relationship to the employer lasted
at least two years;(d) the sum of three times his average earnings and the amounts laid down in (a) to (c) where
the employment relationship is terminated in a period when the employee is subject to aworking time account governed by Section 86(4).
The period of an employee's employment relationship shall also include his preceding
employment relationship to the same employer provided that the time between the termination
until the commencement of the subsequent employment relationship did not exceed six months.
(2) On the termination of an employment relationship, the employee whose employment
relationship is terminated by a notice of termination given by the employer for one of thereasons laid down in Section 52(d) or by agreement for the same reasons is entitled to receivefrom the employer severance pay of at least twelve times the average earnings. Where an
employee’s employment relationship is terminated because according to a medical certificate
issued by an occupational health service provider or according to a ruling of the competentadministrative authority that reviews the medical certificate he cannot perform his existing work
due to an industrial injury or occupational disease and the employer has fully relieved itself

from liability pursuant to Section 270(1), the employee is not entitled to receive severance pay
pursuant to the second sentence.
(3) For the purposes of severance pay, “average earnings” means average monthly
earnings.
(4) Severance pay shall be paid by the employer to the employee after the terminationof the employment relationship on the next pay-day for wage or salary payment unless theemployer and the employee agree in writing that payment of such severance pay will be madeon the date when the employee’s employment relationship ends or on a later date.
Section 68(1) Where, after the termination of an employment relationship, an employee performs
work for his existing employer in an employment relationship or under an agreement to perform
work before the expiry of the period determined according to the number of multiples of
average earnings used for the calculation of his severance pay, the employee shall refund his
severance pay or its proportional part to the employer.
(2) The proportional part of severance pay shall be determined according to the numberof calendar days from the employee’s new commencement of work until the expiry of the period
pursuant to subsection (1).
Chapter 9
Invalid termination of an employment relationship
Section 69(1) Where the employer has given an employee a notice of termination which is invalid
or terminated an employment relationship with an employee either immediately or during thetrial period in an invalid manner, and the employee has informed the employer in writing
without delay that he insists on being further employed by the employer, the employee’s
employment relationship will continue and the employer shall pay compensatory wage or salaryto this employee. Such compensatory wage or salary pursuant to the first sentence shall be dueto the employee in the amount of his average earnings as of the date he informed the employer
that he insists on the continuation of his employment relationship until the time when theemployer enables this employee to continue to work or until the employment relationship ends
in a valid manner.
(2) Where the total period for which the employee should be entitled to compensatory
wage or salary exceeds six months, the court may, on a motion filed by the employer, adequately
reduce the employer's obligation to pay compensatory wage or salary to the employee; inconsidering the matter, the court shall take particularly into account whether in the meantime
the employee was employed elsewhere, the type of work he performed and the amount of his
earnings or the reason for which he did not take up work.
(3) Where the employer has terminated an employment relationship in a manner whichis invalid but the employee does not insist on the continuation of employment by this employer,
the employment relationship is conclusively presumed to terminate by agreement, unlessanother date of termination is agreed in writing between the employer and the employee, as
follows:(a) where an invalid notice of termination has been given, upon the expiry of the notice period;(b) where the employment relationship has been invalidly terminated either immediately or
within the trial period, on the date on which the employment relationship should have ended asa result of such termination;in these cases, the employee is entitled to compensatory wage or salary in the amount of his
average earnings for the duration of the notice period.
Section 70(1) Where an employee has given an invalid notice of termination or has immediately
cancelled his employment relationship in an invalid manner, or has terminated his employment
relationship within the trial period in an invalid manner, and the employer has notified this
employee in writing, without delay, that it insists on the employee continuing to perform work,
the employment relationship shall be maintained. Where the employee does not comply withthe employer’s notification, the employer may require from the employee compensation ofdamage it has incurred from the date when the employee was notified that the employer insistson the employee continuing to perform work.
(2) Where the employee has terminated his employment relationship in an invalidmanner but the employer does not insist on the continuation of the employee’s work, then unless
another date of termination is agreed in writing between the employer and the employee, theemployee’s employment relationship is conclusively presumed to have ended by agreement:(a) where an invalid notice of termination has been given, upon the expiry of the notice period;(b) where the employee has immediately cancelled his employment relationship in an invalidmanner or where he has terminated his employment relationship within the trial period in an
invalid manner, on the date when the employment relationship should have ended by suchtermination.
(3) In the cases pursuant to subsection (2), the employer may not claim compensationof damage against the employee.
Section 71
In the case of an invalid agreement on termination of an employment relationship, thesame provisions apply to the assessment of the employee’s entitlement to compensation for lost
wage or salary as in the case of an invalid notice of termination given by the employer (Section
69). The employer may not claim compensation for damage due to such agreement being
invalid.
Section 72
The invalidity of termination of an employment relationship by notice of termination,by immediate cancellation, termination during the trial period or by agreement may be claimed
both by the employer and the employee before the competent court within a time limit of twomonths of the date when the employment relationship in question ought to have come to an end
as a result of such termination.
Chapter 10
Removal or resignation from managerial position
Section 73(1) In the cases referred to in Section 33(3) the person competent to appoint [section
33(4)] the relevant managerial employee may also remove him from the position; themanagerial employee may also submit his resignation.
(2) Where the employer is a legal person other than that referred to in Section 33(3) ora natural person, this employer and the managerial employee may agree on the possibility of
his removal from the managerial position in accordance with subsection (3) provided that it issimultaneously agreed that he may resign from the position himself.
(3) Only the following are managerial positions pursuant to subsection (2):(a) positions under direct management of:
1. a governing body if the employer is a legal person;
2. the employer if the employer is a natural person;(b) positions under the direct management of a managerial employee directly subordinate to:
1. a governing body if the employer is a legal person;
2. the employer if the employer is a natural person;
provided that another managerial employee is subordinate to that managerial employee.
(4) Where the employer is a legal person, a managerial employee pursuant to subsection(2) may only be removed from his position by its governing body, and where the employer isan individual, a managerial employee may only be removed from his position by the employer.
Section 73a(1) The removal or resignation from the managerial employee’s position must be madein writing. The performance of work at the managerial employee’s position ends on the day ofdelivery of the removal or resignation from this position unless a later date is specified in theremoval or resignation.
(2) The employment relationship shall not end upon the removal or resignation from theposition of a managerial employee; the employer shall propose to this employee a change in his
position within the employer corresponding to the employee’s state of health and qualifications.
If the employer does not have such work for the employee, or the employee refuses it, it is an
obstacle to work on the employer’s side and at the same time this is conclusively presumed to
be a reason for termination pursuant to Section 52(c); the severance pay provided to employees
in the event of organizational changes is due only in the event of termination of employment
relationship after removal from managerial employee position in connection with thetermination of this position due to an organizational change.

(3) Where a managerial employee’s employment relationship by appointment wasestablished for or changed to a fixed-term employment relationship, then unless his
employment relationship ends earlier, it shall end on the expiry of the said term [Section 48(2)].

PART THREE
AGREEMENTS ON WORK PERFORMED OUTSIDE AN EMPLOYMENTRELATIONSHIP
Section 74
General provisions(1) The employer must ensure the fulfilment of its tasks primarily by employees in an
employment relationship.
(2) In agreements on work performed outside the employment relationship, theemployer is not obliged to distribute working hours for the employee.
Section 75
Agreement to complete a job
The scope of work for which the work agreement is concluded may not exceed 300
hours in a calendar year. The scope of work also includes the period of work performed by theemployee for the employer in the same calendar year on the basis of another agreement tocomplete a job. The agreement to complete a job must state the period for which this agreement
is concluded.
Section 76
Agreement to perform work
(1) The employer may conclude an agreement to perform work with a natural person,
even if the scope of work will not exceed 300 hours in the same calendar year.
(2) On the basis of an agreement to perform work, it is not possible to perform work to
the extent exceeding on average half of the specified weekly working hours.
(3) Adherence to the agreed and maximum permissible extent of half of the specified
weekly working hours shall be assessed over the entire period for which the employment
agreement was concluded, but no longer than for a period of 52 weeks.
(4) The agreement to perform work must specify the agreed scope of work, the agreed
working hours and the period for which the agreement is concluded.
Section 77
Common provision on agreements on work performed outside an employment
relationship(1) The agreement to complete a job and the agreement to perform work must be
concluded in writing; one copy of this agreement shall be provided by the employer to theemployee.
(2) Unless otherwise provided in this Act, work performed on the basis of agreements
on work performed outside an employment relationship shall be subject to the regulation forthe performance of work in an employment relationship, except in the case of:(a) transfer to other work and relocation;(b) temporary assignment;(c) severance pay;(d) working hours and rest periods; however, the work must not exceed 12 hours in any 24hour period;(e) obstacles to work on the employee’s side;(f) leave;(g) termination of employment relationship;(h) remuneration (hereinafter “remuneration from an agreement”), with the exception of theminimum wage; and(i) travel allowances.
(3) The right of an employee working on the basis of an agreement to perform work toother important personal obstacles to work and to leave may be agreed or determined by aninternal regulation, under the conditions specified in Sections 199, 206 and in Part Nine.
However, an agreement to complete a job and an agreement to perform work must be inaccordance with Sections 191 to 198 and Section 206.
(4) If the method of terminating the legal relationship established by the agreement tocomplete a job or the agreement to perform work is not agreed, it is possible to cancel it:(a) by agreement of the parties as of the agreed date;(b) notice of termination for any reason, or without giving any reason, with a 15-day notice
period beginning on the date on which the notice of termination was received by the other party;or(c) immediate cancellation; however, the immediate cancellation of the legal relationshipestablished by an agreement to complete a job or an agreement to perform work may be agreed
only where it is possible to terminate the employment relationship immediately.
A written form is required for the termination of a legal relationship established by anagreement to complete a job or agreement to perform work, otherwise its notice of termination
or immediate cancellation is disregarded.

PART FOUR
WORKING HOURS AND REST PERIODS
TITLE I
GENERAL PROVISIONS ON WORKING HOURS AND DURATION OF WORKING
HOURS
Section 78(1) For the purposes of regulating working hours and rest periods:(a) “working hours“ or “working time” means a period of time for which an employee is obliged
to perform work for his employer and a period of time for which an employee is ready to
perform work at the workplace according to his employer’s instructions;(b) “rest period” means any period other than working hours;(c) “shift” means such part of weekly working hours, excluding overtime, for which an
employee is obliged to perform work for his employer according to a predetermined scheduleof shifts;(d) “two-shift work regime ” means a work regime in which employees rotate in two shifts
within a period of 24 consecutive hours;(e) “multi-shift work regime” means a work regime in which employees alternate regularly inthree or more shifts within 24 consecutive hours;(f) “continuous working regime” means a working regime in which employees alternate
regularly in shifts in the continuous operation of the employer within 24 consecutive hours;(g) “continuous operation” means operation which requires the performance of work 24 hours
a day, 7 days a week;(h) “on-call duty” means a period during which the employee is ready to perform any work
under the employment contract which must, in the event of an urgent need, be performed
beyond his shift schedule. On-call duty may only be at another place agreed with the employee,
different from the employer’s workplaces;(i) “overtime” means work by an employee on behalf of the employer or with his consent
beyond a scheduled weekly working hours resulting from a predetermined working timeschedule and held outside the shift schedule. For employees with shorter working hours,
overtime is work exceeding the scheduled weekly working hours; it is not possible to order
overtime to these employees. Where the employer provides his employee with time off at theemployee’s request and the employee performs work to compensate for such time off, this is
not regarded as overtime;(j) “night work” means work at night-time; night-time is the time between 10p.m. and 6a.m.;(k) “night employee” means an employee who works, on average, no less than three hours of
his working time within 24 consecutive hours at least once a week within the period referred toin Section 94(1);(l) “even schedule of working hours” means that the scheduled weekly working hours or
reduced working hours are allocated by the employer to individual weeks;(m) “uneven schedule of working hours” means that the scheduled weekly working hours or
reduced working hours are unevenly allocated by the employer to individual weeks and that the
average weekly working hours for a period of no more than 26 consecutive weeks may notexceed the scheduled weekly working hours. Only a collective agreement may extend thisperiod to a maximum of 52 consecutive weeks.
(2) The provisions of Subsection (1)(d) to (f) shall also apply to a situation when on aregular rotation of shift employees there is concurrent performance of work also by employeesof the follow-up shifts provided that this lasts for a maximum of one hour.
Section 79
Scheduled weekly working hours(1) The length of the scheduled weekly working hours is 40 hours per week.
(2) The length of the scheduled weekly working hours is:(a) 37.5 hours per week for employees working underground in the mining of coal, ores andnon-metallic raw materials, in mining construction and at mining workplaces of geologicalsurvey;(b) 37.5 hours per week for employees with a multi-shift or continuous working regime;(c) 38.75 hours per week for employees with a two-shift work regime;(3) The reduction of the scheduled weekly working hours without reduction of wage
below the scope specified in subsections (1) and (2) may be contained only in a collective
agreement or internal regulation and may not be carried out by the employer in accordance with
Section 109(3). These reduced weekly working hours are the scheduled weekly working hours.
Section 79a
In the case of an employee under the age of 18, the length of the shift on individual days
may not exceed 8 hours and in several basic labour-law relationships pursuant to Section 3 thetotal weekly working hours must not exceed 40 hours per week in total.
Section 80
Reduced working hours
Reduced working hours below the scope set out in Section 79 may only be agreed
between the employer and the employee. Employees are entitled to a wage or salary that

corresponds to the agreed reduced working hours.
TITLE II
WORKING HOURS SCHEDULE
Chapter 1
Basic provisions
Section 81(1) Working hours are distributed by the employer, determining the beginning and endof shifts.
(2) Working hours are usually scheduled within a five-day working week. Whenscheduling working hours, the employer is obliged to take into account that this schedule does
not conflict with aspects of safe and non-hazardous work.
(3) The employee is obliged to be at his workplace at the beginning of the shift and toleave it only after the end of the shift.

Section 82
repealed

Section 83
The length of the shift must not exceed 12 hours.
Section 84
The employer is obliged to prepare a written schedule of weekly working hours andacquaint the employee with it or its change no later than 2 weeks and in the case of a working
time account 1 week before the beginning of the period for which the working hours arescheduled unless other time of acquainting is agreed with the employee.
Section 84a
repealed

Chapter 2
Flexible working hours schedule
Section 85

(1) Flexible working hours schedule includes periods of basic and optional working
hours, the beginning and end of which are determined by the employer.
(2) During basic working hours, the employee is obliged to be at the workplace.
(3) During the optional working hours, the employee chooses the beginning and end ofworking hours. The total length of the shift must not exceed 12 hours.
(4) With a flexible working hours schedule, the average weekly working hours must becompleted in the balancing period determined by the employer, but no later than in the period
specified in Section 78(1)(m).
(5) Flexible working hours schedule shall not apply:(a) during the employee’s business trip;(b) while taking the leave;(c) if it is necessary to complete an urgent work task in a shift the beginning and end of which
are fixed;(d) if its application is prevented due to operational reasons;(e) at a time of significant personal obstacles to work in accordance with Sections 191 and 191a;
and(f) in other cases determined by the employer.
(6) In the cases referred to in subsection (5), a predetermined schedule of weekly
working hours into shifts shall apply to the employees, which the employer is obliged todetermine for this purpose.
Chapter 4
Working time accountSection 86(1) The working time account is a method of arranging working hours, which may beintroduced only by a collective agreement or an internal regulation with an employer whose
employees are not organised in a trade union organisation.
(2) The working time account may not be applied to employers provided in Section
109(3).
(3) If a working time account is applied, the balancing period may not exceed 26
consecutive weeks. However, only a collective agreement may limit this period to a maximumof 52 consecutive weeks.
(4) Only if agreed in the collective agreement, overtime worked in the working timeaccount in the balancing period agreed in the collective agreement which does not exceed 52
consecutive weeks to the extent of a maximum of 120 hours may be included in the working
hours only in the following the balancing period.
Section 87(1) When applying a working time account, the employer is obliged to keep an
employee’s working time account and an employee’s salary account.
(2) The employee’s working time account shall include:(a) the scheduled weekly working hours or reduced working hours;(b) the working hours schedule for each working day, including the beginning and end of theshift; and(c) working hours worked on individual working days and per week.
(3) If a shorter period than stated in Section 86(3) is used when applying the working
time account, the difference between the scheduled weekly working hours or reduced working
hours and the working hours worked after the end of this shorter period must be assessed.
TITLE IIIWORK BREAKS AND SAFETY BREAKS
Section 88(1) After an employee’s continuous work for no more than six hours, he must be givenby the employer a work break for meal and rest lasting at least 30 minutes; an adolescentemployee must be given such break after a maximum of four and half hours of continuous work.
Where an employee performs work that cannot be interrupted, this employee must be given a
reasonable time for rest and food even without the interruption of operations or work, in thiscase such time shall be included into working hours. An adolescent employee must always begiven a break for meal and rest in accordance with the first sentence.
(2) If a work break for meal and rest has been divided, at least one part of it must last
for at least 15 minutes.
(3) Work breaks for meal and rest are not provided at the beginning and end of working
hours.
(4) Provided work breaks for meal and rest are not included in working hours.
Section 89(1) If an employee has the right to a safety break during special work in accordance withspecial legal regulations, this break shall be included in working hours.
(2) If the safety break falls within a break in work for meal and rest, the work break formeal and rest shall be included in working hours.

TITLE IVREST PERIODS
Chapter 1
Uninterrupted rest between two shifts
Section 90(1) The employer is obliged to schedule working hours so that the employee has anuninterrupted rest of at least 11 hours (12 hours for employees under 18 years of age) between
the end of one shift and the beginning of the next shift during 24 consecutive hours.
(2) The rest pursuant to subsection (1) may be reduced to up to 8 hours during 24
consecutive hours in the case of employees over the age of 18, provided that the following rest
will be extended by the period of reduction of this rest:(a) in continuous operations, with unevenly distributed working hours and overtime;(b) in agriculture;(c) in the provision of services to the public, in particular:
1. in public catering;
2. in cultural facilities;
3. in telecommunications and postal services;
4. in healthcare facilities;
5. in social services facilities22a);(d) in the case of urgent repair work concerning averting a threat to the life or health of
employees;(e) in the event of natural disasters and other similar emergencies.
Section 90a
Rest between the end of one shift and the beginning of the next shift, reduced inaccordance with Section 90(2), may be compensated in the case of an employee over the ageof 18 for seasonal work in agriculture by providing him with such compensation within a periodof 3 weeks from the reduction.
Chapter 2
Non-working days
Section 91

(1) Public holidays include days on which the employee has a continuous rest during
the week, and public holidays23).
(2) Work on non-working days may be ordered by the employer only in exceptional
cases.
(3) On the day of continuous rest during the week, the employer may order the employee
only to perform the following necessary work, which cannot be performed on working days:(a) urgent repair work;(b) loading and unloading work;(c) stock-taking and account-closing work;(d) work performed in continuous operation for an employee who did not show up for the shift;(e) in the event of natural disasters and other similar emergencies;(f) work necessary with regard to meeting the living, health, educational, cultural, physicaleducation and sports needs of the population,(g) work in transport;(h) the feeding and treatment of animals.
(4) On public holidays, the employer may order the employee only to perform work that
may be ordered to employees on days of uninterrupted rest during the week, work in continuous
operation and work required for guarding the employer’s premises.
(5) On non-working days, the employer may order only the performance of the work
referred to in subsections (3) and (4) no more than twice during a period of 4 consecutive weeks,
if Section 86(4) applies in the working time account.
(6) In the case of an employer with whom the employee performs work in night shifts,
the non-working day begins on the hour corresponding to the start of the employees of the shift
which starts first in the week according to the shift schedule. The first sentence may also be
used for the purposes of the right to wage or salary, remuneration from an agreement tocomplete a job or agreement to perform work and to determine average earnings.
Chapter 3
Uninterrupted rest period per week
Section 92(1) The employer is obliged to schedule working hours so that the employee has anuninterrupted rest during the week of at least 35 hours. For an adolescent employee such an
uninterrupted rest period during the week may not be less than 48 hours.

(2) Where operations so allow, the employer shall set an uninterrupted rest period during
the week for all employees to fall on the same day and in such a manner that it includes Sunday.
(3) In the cases referred to in Section 90(2) and in technological processes that cannot
be interrupted, the employer may schedule working hours of employees who are over the ageof 18 years so that the period of uninterrupted rest during the week is at least 24 hours provided
that these employees are granted an uninterrupted rest period of at least 70 hours within two
weeks.
(4) If agreed, uninterrupted rest may be provided in agriculture so that this rest will be:(a) at least 105 hours for a period of 3 weeks;(b) at least 210 hours for a period of 6 weeks in the case of seasonal work.
TITLE VOVERTIME WORK
Section 93(1) Overtime work may be performed only exceptionally.
(2) The employer may order overtime work to the employee only for serious operational
reasons, even for a period of uninterrupted rest between two shifts, or under the conditions
specified in Section 91(2) to (4) even on non-working days. Ordered overtime work for an
employee may not exceed 8 hours in individual weeks and 150 hours in a calendar year.
(3) The employer may require overtime work beyond the scope specified in subsection(2) only on the basis of an agreement with the employee.
(4) The total scope of overtime work may not average more than 8 hours per week in aperiod which may not exceed 26 consecutive weeks. Only a collective agreement may limit thisperiod to a maximum of 52 consecutive weeks.
(5) The number of hours of the maximum permissible overtime work in the balancing
period pursuant to subsection (4) shall not include overtime work for which the employee wasprovided with compensatory time off.
Section 93a
repealed

TITLE VI
NIGHT WORK
Section 94

(1) The length of the shift of an employee working at night may not exceed 8 hours
within 24 consecutive hours; if this is not possible for operational reasons, the employer isobliged to distribute the scheduled weekly working hours so that the average shift length does
not exceed 8 hours in a maximum period of 26 consecutive weeks; the calculation of a night
employee’s average shift length shall be based on a five-day working week.
(2) The employer is obliged to ensure that the employee working at night is examinedby the occupational health service provider in cases and under the conditions set for
occupational medical services in the Specific Medical Services Act. The employee may not be
required to provide reimbursement of the provided medical services.
(3) The employer is obliged to provide adequate social security for employees working
at night, especially the possibility of refreshments.
(4) The employer is obliged to equip the workplace where night work is performed withthe means for providing first aid, including the provision of means enabling emergency medicalcare to be called.
TITLE VII
ON-CALL DUTY
Section 95(1) The employer may request on-call duty from the employee only if it is agreed withthe employee. On-call duty entitles employees to remuneration under Section 140.
(2) The employee is entitled to a wage or salary for work during on-call duty; employees
are not entitled to remuneration pursuant to Section 140 during this period. The on-call duty
beyond the specified weekly working hours is overtime work (Section 93).
(3) On-call duty during which no work is performed shall not be counted towards
working hours.
TITLE VIIICOMMON PROVISIONS ON WORKING HOURS AND REST PERIODS
Section 96(1) The employer is required to keep the records for each employee, showing the startand end of:(a) worked
1. shift [Section 78(1)(c)];2. overtime work [Section 78(1)(i) and Section 93];
3. night work (Section 94);
4. on-call duty (Section 95(2));(b) on-call duty held by the employee [Section 78(1)(h) and Section 95].

(2) At the request of the employee, the employer is obliged to allow the employee toconsult his working time account or working time records and his salary account and obtain
extracts from them or duplicates at the employer’s expense.
Section 97(1) Obstacles to work on the employee’s side in the case of flexible working hours are
considered as work performance only to the extent that they affected the basic working hours.
(2) In the event of obstacles to work on the employee’s side in the case of flexible
working hours, defined by the exact length of the necessary period for which the employee isentitled to time off work, or if it is an activity in the cases specified in Section 203(2)(a), thisentire period is considered as the performance of work.
(3) Obstacles to work on the employer’s side in the case of flexible working hours are
considered to be work performance if they affected the employee's shift, for each individual
day within the scope of the average length of the shift.
(4) For the purposes of subsections (1) to (3), a period corresponding to the average
length of a shift resulting from the scheduled weekly working hours or from reduced working
hours shall be considered a period of 1 day.
(5) When applying the working time account, time off due to obstacles to work on theemployee’s side shall be provided to the extent of the necessary time, or to the length of theshift scheduled by the employer for the relevant day.
Section 98(1) Overtime work in the application of flexible working hours is always determined aswork over the scheduled weekly working hours and over basic working hours.
(2) Overtime work when applying the working time account is work performed over thescheduled weekly working hours, which is a multiple of the specified weekly working time andthe number of weeks of the balancing period pursuant to Section 86(3) or Section 87(3).
Section 99
The employer is obliged to discuss measures concerning collective working timearrangements, overtime work, the possibility of ordering work on non-working days and nightwork with regard to occupational safety and health in advance with the trade union organisation.
TITLE IXAUTHORIZING PROVISIONS
Section 100(1) The Government shall provide by a Decree derogations from the working hours andrest periods of employees in transport, namely:

(a) truck or bus crew members24);(b) road maintenance employees25);(c) rail employees on national rail, regional rail and siding26);(d) public transport employees27);(e) aircraft crew members and airport operations employees28);
in doing so, it shall specify the group of employees referred to in points (a) to (e) andregulate the procedure and other obligations of the employer and employees with regard toworking hours and rest periods.
(2) The Government may set out in its Decree derogations concerning the working hours
and rest periods of members of a fire brigade unit belonging to the employer’s undertaking 31)
where such brigade consists of the employer’s employees who carry out this activity in this unit
as their job and whose working obligations include direct performance of the fire brigade unit
tasks; however, such derogations shall not apply to the length of the scheduled weekly working
hours. As regards the derogations according to the first sentence, the length of a shift may notexceed 16 hours in an uneven distribution of working hours.
PART FIVE
OCCUPATIONAL SAFETY AND HEALTH
TITLE IPREVENTION OF OCCUPATIONAL RISK TO LIFE AND HEALTH
Section 101(1) The employer is obliged to ensure the protection of occupational safety and healthof employees with regard to the risks of possible danger to their lives and health, which relate
to the performance of work (hereinafter the “risks”).
(2) The obligation to ensure occupational health and safety imposed on employers by
subsection (1) or by special legal regulations is an integral and equivalent part of the job duties
of managerial employees at all levels of management within the scope of the positions theyhold.
(3) If employees of two or more employers perform tasks at one workplace, theemployers are obliged to inform each other in writing about the risks and measures taken toprotect them, which relate to the performance of work and the workplace, and to cooperate inensuring safety and health at work for all employees in the workplace. Based on the writtenagreement of the participating employers, the employer authorized by this agreement
coordinates the implementation of measures to protect the safety and health of employees andthe procedures for ensuring them.
(4) Each of the employers referred to in subsection (3) must:

(a) ensure that its activities and the work of its employees are organized, coordinated and carriedout in such a way that the employees of another employer are also protected at the same time;(b) inform the trade union organisation and the employees’ representatives in the field ofoccupational safety and health sufficiently and without undue delay, and, in their absence, its
employees directly, of the risks and measures received from other employers.
(5) The employer’s obligation to ensure occupational safety and health applies to all
natural persons present at its workplaces with its knowledge.
(6) The costs associated with ensuring occupational safety and health must be borne by
the employer; these costs must not be passed on directly or indirectly to employees.
Section 102(1) The employer is obliged to create a safe and non-hazardous working environment
and working conditions by a suitable organization of occupational safety and health and by
taking measures to prevent risks.
(2) Risk prevention means all measures resulting from legal and other regulations toensure occupational safety and health and employer measures aimed at preventing, eliminatingor minimizing the effects of irremediable risks.
(3) The employer is obliged to constantly search for dangerous factors and processes of
the working environment and working conditions, to find out their causes and sources. Basedon this finding, it shall identify and assess risks and take measures to eliminate them andimplement such measures so that due to more favourable working conditions and the level ofdecisive factors of work hitherto classified as risky pursuant to a special legal regulation, they
may be classified to a lower category. To this end, it is obliged to regularly check the level ofoccupational safety and health, especially the condition of means of production and work andworkplace equipment and the level of risk factors of working conditions, and to observe
methods and the manner of finding and evaluating risk factors pursuant to a special legal
regulation.
(4) If it is not possible to eliminate the risks, the employer is obliged to evaluate themand take measures to limit their effects so that the threat to the safety and health of employees
is minimized. The measures taken are an integral and equal part of all employer activities at alllevels of management. The employer is obliged to keep documentation on the search for andevaluation of risks and on the measures taken pursuant to the first sentence.
(5) When adopting and implementing technical, organizational and other measures toprevent risks, the employer is obliged to observe the general preventive principles, whichmeans:(a) risk reduction;(b) elimination of risks at the source of their origin;(c) adapting working conditions to the needs of employees in order to reduce the negativeeffects of work on their health;(d) replacement of physically strenuous work by new technological and work procedures;(e) replacement of hazardous technologies, means of production and work, raw materials andmaterials with less hazardous or less risky ones, in accordance with the development of thelatest scientific and technical knowledge;(f) limiting the number of employees exposed to risk factors of working conditions exceeding
the maximum hygienic limits and other risks to the minimum number necessary to ensure
operation;(g) planning in the implementation of risk prevention using technology, work organization,
working conditions, social relations and the impact of the working environment;(h) preferential application of means of collective protection against risks over means ofindividual protection;(i) implementation of measures aimed at reducing the leakage of pollutants from machinery andequipment;(j) the provision of appropriate instructions to ensure occupational safety and health.
(6) The employer is obliged to take measures in case of emergency, such as accidents,
fires and floods, other serious dangers and evacuation of employees, including instructions tostop work and leave the workplace immediately and go to safety; it cooperates with theoccupational health service provider in providing first aid. The employer is obliged to ensureand determine according to the type of activity and the size of the workplace the required
number of employees who organize the provision of first aid, ensure the calling of especiallythe emergency medical service provider, the Fire and Rescue Service of the Czech Republic
and the Police of the Czech Republic and organize the evacuation of employees. The employer
is obliged to ensure, in cooperation with the provider of occupational health services, theirtraining and equipping to the extent corresponding to the risks occurring at the workplace.
(7) The employer is obliged to adapt the measures to changing facts, to control theireffectiveness and compliance, and to ensure the improvement of the working environment andworking conditions.
TITLE IIOBLIGATIONS OF THE EMPLOYER, RIGHTS AND OBLIGATIONS OF THE
EMPLOYEE
Section 103(1) The employer is obliged to:(a) not allow the employee to perform prohibited work and work whose intensity would notcorrespond to his abilities and medical fitness;

(b) inform the employee of the category in which the work he performs was classified; thecategorization of works is regulated by a special legal regulation32);(c) ensure that the work in cases stipulated by a special legal regulation is performed only by
employees who have a valid medical certificate, who have undergone special vaccination or
have proof of resistance to disease;(d) inform employees which occupational health service provider will provide them withoccupational health services and what types of vaccinations and which occupational healthcheck-ups and examinations they are obliged to undergo, to enable employees to undergo thesevaccinations, check-ups and examinations to the extent specified by special legal regulations orby a decision of the competent public health authority;(e) compensate to the employee who undergoes an occupational medical check-up, examination
or vaccination pursuant to (d) any resulting loss in his earnings, namely in the amount of his
average earnings, or the difference between such employee’s compensatory wage or salary
pursuant to Section 192 or sickness benefit and the employee’s average earnings;(f) ensure for the employees, in particular those on a fixed-term employment relationship,
employees of an employment agency temporarily assigned to perform work for another
employer, and adolescent employees, with regard to the type of work performed by them, to beprovided with sufficient and adequate information and guidelines on occupational safety andhealth in accordance with this Act and special legal regulations32), especially by making themaware of the relevant risks, results of risk assessment and preventive measures against suchrisks relating to their type of work and workplace;(g) ensure that another employer’s employees performing work at his workplaces are provided
with suitable and adequate information and guidelines on occupational safety and health andon relevant measures, in particular those concerning getting a fire under control, providing firstaid and evacuating natural persons in case of emergencies;(h) inform female employees, who during their work may be exposed to some risk factors withadverse effects on their foetus, of this fact. Pregnant female employees, lactating female
employees and female employees who are mothers (until the end of the ninth month afterchildbirth) must be further made aware of any risks and their possible effects on pregnancy,
breastfeeding or on their health and the employer must take necessary measures, including thoseconcerning the reduction of mental and physical fatigue and other kinds of mental and physicalstress related to the work done, for the entire period for which it is necessary for the sake ofprotecting their safety or their child’s health;(i) enable the employee to inspect records kept by the employer in connection with securing theemployee’s occupational safety and health protection;(j) ensure the provision of first aid to employees;(k) not apply such a method of remuneration which would increase the risk of harm to theemployees’ health and whose remuneration would lead to an increase of performance but would
concurrently increase risks to employees’ occupational safety and health;(l) ensure compliance with the ban on smoking at the workplaces laid down in special legalregulations33).
The information and guidelines must always be provided when the employee is hired,transferred to other work or relocated, or upon a change in the working environment, theintroduction or change of working equipment, technology or working procedures. The
employer shall keep records of such information and guidelines.
(2) The employer shall ensure employee training on legal and other regulations on
occupational safety and health, the knowledge of which supplements the employees’ vocational
prerequisites for performance of the type of work they are engaged in and which relate to risks
that the employees may encounter at workplaces where their work is carried out; the employer
shall systematically require and check observance of the said legal and other regulations. The
training under the first sentence shall be arranged by the employer when the employee
commences work and also:(a) in the event of a change of:
1. working position;
2. type of work;(b) on the introduction of a new technology or in the case of a change in the production
equipment and working means or a change in technological or work processes;(c) in cases which have or may have a significant effect on occupational safety and health.
(3) The employer shall determine the content and frequency of employee training
regarding the statutory provisions and other regulations with the view to safeguarding
occupational safety and health, the manner of checking the employees’ knowledge thereof andthe keeping of records of such employee trainings. If required by the nature of the risk and its
severity, the training under the first sentence must be repeated on a regular basis; in the cases
referred to in subsection 2(c) the training must be carried out without undue delay.
(4) The employer shall adapt rest areas at the workplace for pregnant female employees,
lactating female employees and for female employees who are mothers until the end of theirninth month after childbirth.
(5) The employer shall take the necessary technical and organizational measures, at its
own expense, to enable work performance by disabled employees, in particular by the necessary
adaptation of the working conditions and workplaces, reservation of positions, initial or
induction training of these employees and improving their qualifications during performanceof their regular employment.
Section 104
Personal protective equipment, work clothes and footwear, washing, cleaning anddisinfecting agents and protective beverages(1) Where occupational risks cannot be eliminated or sufficiently curbed by means ofcollective protection or by measures in the field of work organization, the employer shallprovide his employees with personal protective equipment. Personal protective equipment areprotective and safety aids which must protect employees against risks, may not endanger theirhealth, may not hinder them in the performance of their work and must meet the requirements

laid down in a directly applicable European Union regulation34).
(2) In an environment where clothing or footwear is subject to unusual wear-and-tear or
soiling or has a protective function, the employees are entitled to be provided by the employer
with work clothes or footwear which are supplied as personal protective equipment.
(3) The employer shall provide his employees with washing, cleaning and disinfecting
agents based on the degree to which the employees’ skin and clothes become soiled; those
employees who work at workplaces with unsatisfactory microclimatic conditions shall also be
provided with protective beverages in the scope and under the conditions laid down in
implementing regulations.
(4) The employer shall maintain personal protective equipment in usable condition andcheck their use.
(5) Employees are entitled to receive from their employer personal protective
equipment, washing, cleaning and disinfecting agents and protective beverages free-of-charge
according to their own list drawn up on the basis of risk assessment and specific conditions ofwork. Employers may not substitute the supply of personal protective equipment by a financial
compensation.
(6) The Government shall set out in its Decree detailed conditions for the supply(provision) of personal protective equipment, washing, cleaning and disinfecting agents andprotective beverages.
Section 105
Obligations of employers relating to industrial injuries and occupational diseases(1) The employer on whose premises an industrial injury has occurred shall investigate
the causes and circumstances of the injury with the participation of the employee having been
injured where his condition of health so permits and with the participation of witnesses, thetrade union organization and occupational safety and health representative; until the causes andcircumstances of the injury are clarified, it is not allowed to change the state of things at the
injury site without a serious reason. Where another employer’s employee sustains an injury, theemployer pursuant to the first sentence shall inform immediately the employer of this employee
and enable him to participate in the investigation of the causes and circumstances of theindustrial injury and acquaint him with the results of the investigation.
(2) The employer shall keep records of industrial injuries in the accident book; allinjuries, including those which do not result in work incapacity or those which result in work
incapacity not exceeding three calendar days, must be entered in the book.
(3) The employer shall draw up records of industrial injures and keep documentation on
all industrial injuries which resulted in:(a) an injury of an employee with work incapacity for more than 3 calendar days; or(b) to the death of the employee.
The employer is obliged to hand over one copy of the accident record to the affectedemployee and in the event of a fatal industrial injury to his family members.
(4) The employer is obliged to report an industrial injury and send a record of theaccident to the designated authorities and institutions.
(5) The employer is obliged to take measures against the recurrence of industrial injuries
at work.
(6) The employer shall keep records of all employees whose disease has beenrecognized as an occupational disease having originated at the employer’s workplace and apply
such measures to eliminate or minimize those risk factors from which the danger ofoccupational diseases originates or from which a particular occupational disease arises.
(7) The Government shall provide by a Decree:(a) the method of keeping records of injuries in an accident book;(b) injury reporting;(c) the manner of drawing up and sending an industrial injury report and a report of changes in
the industrial injury report;(d) a list of agencies and institutions to be notified of an industrial injury and to be sent a reportof an industrial injury and a report of changes in the industrial injury report;(e) the definition of a fatal industrial injury for statistical purposes;(f) a model industrial injury report and a model report of changes in industrial injury report.
Section 106
Rights and obligations of the employee(1) The employee has the right to ensure safety and health at work, to information about
the risks of his work and to information on measures to protect against their effects; theinformation must be comprehensible to the employee.
(2) The employee is entitled to refuse to perform work which he reasonably considers
to be an immediate and serious threat to his life or health, or to the life or health of other natural
persons; such a refusal cannot be considered as a breach of the employee’s obligations.
(3) The employee has the right and obligation to participate in the creation of a safe andnon-hazardous working environment, in particular by applying the measures set and adopted
by the employer and by participating in solving issues of occupational safety and health.
(4) Each employee is obliged to take care, within its personal capacity, of his own safety,
his own health and the safety and health of natural persons who are directly affected by his
actions or omissions at work. Knowledge of the basic obligations arising from legal and otherregulations and the requirements of the employer to ensure safety and health at work is an
integral and permanent part of the employee’s qualifications. The employee is obliged to:(a) participate in training provided by the employer focused on safety and health at work,
including verification of his knowledge;(b) undergo an occupational medical examinations, check-ups or vaccinations as provided forby special legislation32);(c) comply with legal and other regulations and instructions of the employer to ensure
occupational safety and health, with which he was duly acquainted, and follow the principles
of safe behaviour at the workplace and the employer’s information;(d) to observe the specified working procedures at work, to use the specified means of work,means of transport, personal protective equipment and protective means and not to change ordecommission them arbitrarily;(e) not to consume alcoholic beverages or abuse other addictive substances35) at the employer’s
workplaces and also outside these workplaces during working hours, and not to enter theemployer’s workplaces under their influence and not to smoke in workplaces and other areas
where non-smokers are also exposed to the effects of smoking. The prohibition to consume
alcoholic beverages does not apply to employees who work in adverse microclimatic conditions
if they consume beer with reduced alcohol content and to employees whose consumption ofthese beverages is part of the performance of work tasks or is usually associated with theperformance of these tasks;(f) to inform his superior managerial employee about deficiencies and defects in the workplace
which endanger or could directly and seriously endanger the occupational safety or health of
employees, in particular imminent incidents or deficiencies in organizational measures, defects
or malfunctions of technical equipment and protective systems intended for their prevention;(g) with regard to the type of work he performs, to participate, within his capacity, in eliminating
deficiencies found during inspections of bodies responsible for performing inspections pursuant
to special legal regulations36);(h) immediately notify his superior managerial employee of his industrial injury, if his healthcondition allows it, and the industrial injury of another employee, or the accident of anothernatural person which he witnessed, and cooperate in clarifying its causes;(i) to submit, at the instruction of an authorized managerial employee designated in writing by
the employer, whether he is under the influence of alcohol or other addictive substances33),35).
TITLE IIICOMMON PROVISIONS
Section 107
Further requirements of occupational safety and health in labour-law relationships, aswell as ensuring occupational safety and health in activities or the provision of services outside
labour-law relationships are set out in the Act on ensuring other conditions of occupationalsafety and health37).

Section 108
Employees’ participation in addressing occupational safety and health issues(1) Employees may not be deprived of the right to participate in addressing issues related
to occupational safety and health through a trade union organisation and an occupational safety
and health representative.
(2) The employer is obliged to enable trade union organisations and occupational safety
and health representatives or directly employees to:(a) take part in meetings concerning occupational safety and health or to provide them withinformation about such meetings;(b) hear their information, comments and suggestions for the adoption of measures concerning
occupational safety and health, in particular proposals for the elimination of risks or the
mitigation of risks which cannot be eliminated;(c) discuss:
1. essential measures concerning occupational safety and health;
2. assessment of risks, adoption and implementation of measures to reduce their impact,
performance of work in controlled areas and classification of work into categories pursuant toa special legal regulation38);
3. organization of training on legal and other regulations to ensure occupational safety andhealth;4. designation of a professionally qualified natural person for risk prevention pursuant to the
Act on Ensuring Additional Conditions of Occupational Safety and Health37).
(3) The employer is also obliged to inform the trade union organisation and theoccupational safety and health representative or directly the employee about:(a) the employees designated to organize the provision of first aid, to ensure the call of medical
assistance, the fire rescue service and the Police of the Czech Republic and to organize theevacuation of employees;(b) the selection and provision of occupational medical services;(c) designation of a professionally qualified natural person for risk prevention pursuant to the
Act on Ensuring Additional Conditions of Occupational Safety and Health37);(d) any other matter which may significantly affect occupational safety and health.
(4) A trade union organisation and the occupational safety and health representative or
employees are obliged to cooperate with the employer and with professionally qualified natural
persons to prevent risks in accordance with the Act on Ensuring Additional Conditions ofOccupational Safety and Health37) so that the employer can ensure safe and non-hazardous
working conditions and comply with all obligations stipulated by special legal regulations andmeasures of the bodies responsible for inspection pursuant to special legal regulations36).

(5) The employer is obliged to organize at least once a year inspections of occupationalsafety and health at all workplaces and facilities of the employer in agreement with the tradeunion organisation and with the consent of the employee occupational safety and healthrepresentative and eliminate identified deficiencies.
(6) The employer is obliged to provide trade union organisations and occupational safety
and health representatives with training enabling them to properly perform their function andto make available to them legal and other regulations to ensure safety and health at work anddocuments on:(a) risk identification and evaluation, measures to eliminate risks and limit their impact on
employees and to organize appropriate safety and health protection of employees at work;(b) registration and reporting of industrial injuries and recognized occupational diseases;(c) the exercise of control and measures of bodies responsible for the exercise of control over
occupational safety and health pursuant to special legal regulations36).
(7) The employer is obliged to enable trade union organisations and occupational safety
and health representatives to present their comments during inspections of bodies responsible
for performing inspections pursuant to special legal regulations36).
PART SIXREMUNERATION FOR WORK, REMUNERATION FOR ON-CALL DUTY AND
DEDUCTIONS FROM INCOME FROM A BASIC LABOUR-LAW RELATIONSHIPTITLE I
GENERAL PROVISIONS ON WAGE, SALARY AND REMUNERATION FROM AN
AGREEMENT
Section 109
Wage, salary and remuneration from an agreement(1) The employee is entitled to a wage, salary or remuneration from an agreement for
the work performed under the conditions stipulated by this Act, unless otherwise provided bythis Act or a special legal regulation39).
(2) Wage is a monetary benefit or benefit of monetary value (in-kind wage) provided
by the employer to the employee for work, unless otherwise provided in this Act.
(3) Salary is a monetary benefit for the work of an employee by the following
employers:(a) the State6);(b) territorial self-governing unit40);

(c) state fund14);(d) a publicly co-funded organization whose salary and on-call duty remuneration costs are
fully covered by the operating allowance15) provided from the budget of the founder or frompayments in accordance with special legal regulations; or(e) a school legal person established by the Ministry of Education, Youth and Sports, a region,a municipality or a voluntary association of municipalities pursuant to the Education Act41);
with the exception of monetary benefits provided to citizens of foreign states with a place ofwork outside the territory of the Czech Republic.
(4) Wages and salaries are provided according to the complexity, responsibility andstrenuousness of work, according to the difficulty of working conditions, according to work
performance and achieved work results.
(5) Remuneration from an agreement is a monetary benefit provided for work performedon the basis of an agreement to complete a job or an agreement to perform work (Sections 74
to 77).
Section 110(1) All employees of the employer are entitled to the same wage, salary or remunerationfrom an agreement for the same work or for work of the same value.
(2) The same work or work of equal value means work of the same or comparable
complexity, responsibility and strenuousness, which takes place in the same or comparable
working conditions, with the same or comparable work performance and work results.
(3) Complexity, responsibility and strenuousness of work shall be evaluated with regard
to education, practical knowledge and skills required for the performance of such work andwith regard to the complexity of both the subject of work and working activity, demands onorganizational and managerial skills, the degree of liability for damage, health and safety, andfurther with regard to physical, sensory and mental strain and negative effects of such work.
(4) Working conditions are assessed according to the difficulty of working regimes
resulting from working time arrangements, for example shifts, non-working days, night workor overtime, depending on the harmfulness or difficulty due to other negative effects of theworking environment and the risk of the working environment.
(5) Work performance is assessed according to the intensity and quality of the work
performed, work abilities and work competence, and work results are assessed according toquantity and quality.
Section 111
Minimum wage
(1) Minimum wage is the lowest permissible amount of remuneration for work in a basic
labour-law relationship pursuant to Section 3. The wage, salary or remuneration of theagreement may not be lower than the minimum wage. For this purpose, wages and salaries donot include wages or salaries for overtime, holiday pay, night work, work in a difficult working
environment and work on Saturdays and Sundays.
(2) The minimum wage base rate and further minimum wage rates differentiated withregard to influences limiting the employee’s employability, and the conditions for minimum
wage payment, shall be set out in a Government Decree, as a rule taking effect as of the
beginning of a calendar year, taking into account the development of wages and consumer
prices. The minimum wage base rate shall be CZK 7,955 per month or CZK 48.10 per hour;
further minimum wage rates may not be lower than 50 % of the minimum wage base rate.
-------------------Note: for current minimum wage rates, see Government Decree No 567/2006(3) If the wage, salary or remuneration from an agreement does not reach the minimum
wage, the employer is obliged to provide the employee with an additional payment:(a) to the wage equal to the difference between the wage reached in the calendar month and therelevant minimum monthly wage or the difference between the wage per hour worked and therelevant minimum hourly wage; the use of an hourly or monthly minimum wage shall be agreed,
set or determined in advance, otherwise a minimum hourly wage shall be used for the purposesof the additional payment;(b) to a salary equal to the difference between the salary achieved in the calendar month andthe relevant minimum monthly salary; or(c) to the remuneration from an agreement in the amount of the difference between the amountof this remuneration per hour and the relevant minimum hourly wage.
Section 112
Guaranteed wage
(1) A guaranteed wage is a wage or salary to which an employee has become entitledunder this Act, a contract, an internal regulation, a wage statement or a salary statement (Section
113(4) and Section 136).
(2) The lowest level of the guaranteed wage and the conditions for its provision toemployees whose wages are not agreed in the collective agreement and for employees who areprovided salary for their work shall be set by a Government Decree, usually with effect fromthe beginning of the calendar year taking into account developments in wages and consumer
prices. The lowest level of the guaranteed wage may not be lower than the amount stipulatedby this Act in Section 111(2) as the basic minimum wage rate. The next lowest guaranteed wage
levels are set differently according to the complexity, responsibility and strenuousness of thework performed, so that the maximum increase is at least twice the lowest guaranteed wage
level. Depending on the degree of effects limiting the employee’s employability, theGovernment may set the lowest level of guaranteed wage pursuant to the second and third
sentences up to 50% lower.
(3) If the wage or salary excluding overtime wage or salary, additional pay for work on
public holidays, for night work, for work in a difficult working environment and for work on

Saturdays and Sundays does not reach the relevant lowest level of guaranteed wage pursuant tosubsection (2), the employer is obliged to provide the employee with additional payment to:(a) the wage which is equal to the difference between the relevant lowest level of the guaranteed
wage and the wage attained by the employee in the calendar month, or equal to a difference
between the relevant hourly rate of the lowest level of the guaranteed wage and the employee’s
wage per hour; for the purposes of payment of the said cash amount, the lowest level of hourly
rate shall be applied unless application of the lowest level of the guaranteed monthly wage has
been agreed or determined in advance; or(b) the salary equal to the difference between the salary attained in the calendar month and therelevant lowest level of the guaranteed wage.
TITLE II
WAGE

Section 113
Agreeing, setting or determining wage
(1) Wage is agreed in the contract or the employer sets it by an internal regulation or
determines it by a wage statement, unless otherwise provided in subsection (2).
(2) Where an employee is the governing body of his employer, the wage is agreed ordetermined with this employee by the person having designated him to the said position unlessotherwise provided in a special legal regulation.
(3) The wage must be agreed, set or determined before the commencement of the work
for which this wage is to be paid.
(4) The employer shall give to the employee a written wage statement on the day whenthe employee commences work; this wage statement shall include the details of the manner of
remuneration, the date and the place of wage payment, unless these details are stated in theemployment contract or internal regulations. Where there is a change in any facts included in awage statement, the employer shall communicate this fact to the employee concerned in writing
no later than on the date when the change takes effect.
Section 114
Wages or compensatory time off for overtime work
(1) As regards overtime work, an employee is entitled to the wage for work done withinovertime (hereinafter the “attained wage”) and to a bonus of at least 25% of his average earnings
unless the employer and the employee have agreed that instead of the bonus for overtime work
the employee will take compensatory time off within the scope of the hours when he worked
overtime.
(2) Where the employer does not give the employee compensatory time off within aperiod of three months after the performance of overtime work, or within another agreed period,
the employee is entitled, in addition to his attained wage, to a bonus pursuant to subsection (1).
(3) The attained wage and bonus or compensatory time off pursuant to subsections (1)and (2) shall not to be paid if the wage is agreed (Section 113) already taking into accountpossible overtime work. Wage with regard to possible overtime work may be agreed in thisway, if the scope of overtime work, which was taken into account when negotiating wages, isalso agreed. Wage may be agreed with regard to potential overtime work provided that overtime
hours are within the scope of 150 hours in one calendar year and in respect of managerial
employees (Section 11) their overtime hours are within the limits of the entire overtime work
(Section 93(4)).
Section 115
Wage, compensatory time off or compensatory wage for work on a public
holiday(1) When an employee works on a public holiday23), he is entitled to his attained wage
and compensatory time off in the scope of hours for which he worked on a public holiday 23);the employer shall grant the employee compensatory time off by the end of the third calendar
month after the employee’s performance of work on a public holiday, or within another agreed
period. When the employee takes such compensatory time off, he is entitled to compensatory
wage in the amount of his average earnings.
(2) The employer may agree with the employee to pay him, in addition to the attained
wage, a bonus at least in the amount of the employee’s average earnings.
(3) The employee who did not work because a public holiday fell on his usual working
day is entitled to compensatory wage in the amount of his average earnings (or their part) forwage or its part lost due to such public holiday.
Section 116
Wage for night work
For night work, employees are entitled to a wage and a bonus of at least 10% of average
earnings. However, it is possible to agree on a different minimum amount and method ofdetermining the bonus.
Section 117
Wage and bonus for work in a difficult working environment
For the period of work in a difficult working environment, the employee is entitled tothe attained salary and surcharge. A Government Decree shall define difficult working
environment for the purposes of remuneration and the amount of the bonus. The bonus for workin a difficult working environment is at least 10% of the amount provided by this Act in Section
111(2) as the basic minimum wage rate.
Section 118
Wage for work on Saturday and Sunday(1) An employee is entitled to the attained wage and a bonus of at least 10% of hisaverage earnings for hours of work on Saturday and Sunday. However, it is possible to agree
on a different minimum amount and method of determining the bonus.
(2) Where work is performed abroad, the employer may provide a bonus pursuant tosubsection (1) for work done on Saturday and Sunday which, under the conditions abroad, arethe days of uninterrupted rest during the week.
Section 119
Wage in kind(1) The employer may provide the wage in kind only with the consent of the employee
and under the conditions agreed with him, to the extent appropriate to his needs. The employer
shall pay his employee monetary wage at least in the amount of the relevant minimum wage
rate (Section 111) or the relevant rate of the lowest level of the guaranteed wage (Section 112).
(2) Products, with the exception of spirits, tobacco products or other addictive
substances, performances, works or services may be provided as the wage in kind.
(3) In-kind wage shall be expressed in monetary terms and its amount is equal to theprice which the employer charges for comparable products, performance, work or services toother customers42) or to the fair market price43), or to the amount by which the employee’s
payment for such products, performance, work or services having been provided by theemployer is lower than the fair market price.
Salary when applying for a working time accountSection 120(1) Where working time account (Sections 86 and 87) is used, the employee is entitledto his steady monthly wage (hereinafter the “steady wage”), as agreed in the collective
agreement or as determined in the internal regulations, for individual months within a given
balancing period [Sections 86(3) and 87(3)]. The steady wage of the employee may not be lower
than 80 % of his average earnings.
(2) Where Section 86(4) is applied in the working time account, for every individual
month the employee is entitled to a steady wage that may not be lower than 85 % of his average
earnings.
(3) The employee’s wage account (Section 87(1)) shall show the following:(a) the employee’s steady wage;(b) the employee’s attained wage for the calendar month to which he is entitled under this Act
and under the agreed, set or determined conditions (Section 113).
Section 121(1) For the balancing period, the employee is entitled to a wage in the amount of thesum of the steady wage paid. If, at the end of this period (Section 86(3) and Section 87(3)) or,on termination of employment relationship, the sum of the right to attained wage [Section120(2)(b)] for individual calendar months is higher than the sum of paid steady wage, theemployer is obliged to pay the difference to the employee.
(2) A steady wage shall be provided to the employee for the working hours scheduledby the employer in the relevant calendar month. The employee is entitled to the steady wage infull even if the employer does not schedule working hours in the relevant calendar month. The
employee is not entitled to a steady wage for the period scheduled by the employer during which
the employee does not work.
TITLE IIISALARY
Section 122
Determination of salary(1) Unless otherwise provided in subsection (2), salary shall be determined by theemployer in accordance with this Act, a government decree issued for its implementation inaccordance with Section 111(2), Section 112(2), Section 123(6), Section 128(2) and Section
129(2) and within their limits in accordance with the collective agreement or internal regulation.
It is not possible to determine the salary in any other way in a different composition and amountthan the one stipulated by this Act and its implementing regulations, unless provided otherwise
by a special law.43a).
(2) The salary of a managerial employee who is a governing body of the employer or
who is the head of a State organizational unit7) or territorial self-governing unit44) (hereinafter
the “organizational unit manager”), shall be determined by the authority which appointed him
to the post, unless otherwise provided by a special legal regulation. The first sentence shallapply to the deputy managerial employee by analogy if the post of the managerial employee is
temporarily vacant or if the managerial employee is temporarily not performing his duties.
Section 123
Salary scale(1) Employees shall be entitled to the salary scale determined for the salary class andsalary grade in which they are classified, unless otherwise provided in this Act.
(2) The employer shall classify the employee in the salary grade according to the typeof work agreed in the employment contract and within the limits of the most demanding workrequired of him.
(3) The employer shall classify the managerial employee in the salary grade according
to the most demanding work, the performance of which he manages or performs himself.
(4) The employer shall classify the employee in the salary grade according to the lengthof practical experience, period of childcare and period of compulsory or substitute military
service or civilian service (hereinafter the "recognisable experience").
(5) Salary scales are set in 16 salary classes and in salary steps within each of them.
Salary scales are rounded up to whole koruna.

(6) The Government shall provide by a Decree:(a) the classification of work into salary classes in accordance with the characteristics of salaryclasses graded according to complexity, responsibility and strenuousness of work, which arelisted in the Annex to this Act;(b) qualification requirements for education for the performance of work included in individualsalary classes;(c) the method of assigning employees to salary classes;(d) the conditions for determining recognisable experience;(e) the conditions for a special method of classification in salary class and determination ofsalary scale for employees performing work the successful performance of which depends inparticular on talent or physical fitness, for employees of a medical service provider and for
employees performing simple service or routine work; the amount of the salary scale
determined by a special method for employees of a health service provider must be determinedat least in the amount corresponding to the salary scale to which the employees otherwise
belong according to the salary class and salary grade in which he is classified according tosubsections (1) to (5);(f) the table of salary scales for the relevant calendar year in accordance with subsection (5) andtaking into account the responsibilities and constraints in the performance of public
administration and services and its importance, as a rule with effect from the beginning of thecalendar year, so that the salary scales in each class are at least:
salary class
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16

salary scale in CZK per month
6 500
7 110
7 710
8 350
9 060
9 830
10 660
11 57012 55013 62014 780
16 02017 37018 85020 47022 200.
Section 124
Management bonus

(1) The managerial employee is entitled to a management bonus, depending on the
degree of management and the complexity of the management work.
(2) Those entitled to the management bonus also include:(a) a deputy of the managerial employee who permanently deputises for the manager in the fullscope of his managerial activity, if such deputisation is regulated by the employer in a special
legal regulation or organizational regulation, within the scope of the management bonus set for
the next lower level of management then the one to which the managerial employee being
deputised is entitled;(b) an employee who deputises for a managerial employee in the full scope of his managerial
activities for more than 4 weeks and the deputisation is not part of his obligations under theemployment contract, from the first day of deputisation. The bonus is payable under the same
conditions set for the managerial employee being deputised.
(3) The amount of the management bonus is:--------------------------- ----------------------------- --------------- ----Management level
Management bonus in % from salary
Scale of the highest salary gradein the salary classin which the managerial employee is assigned--------------------------- ----------------------------- --------------- -----1st management level:
Managerial employee who manages
5 to 30subordinate employees--------------------------- ------------------------------ -------------- -----2nd management level:
Managerial employee who manages
managerial employees at the 1st management level
15 to 40or managerial employee-governing
body that manages the subordinate
employees---------------------------- ----------------------------- -------------- ------3rd management level:
Managerial employee who manages
Managerial employee at the 2nd management level
20 to 50
Managerial employee-governing bodythat manages managerial employees
at the 1st management level, or a managerial
employee-organizational unit manager
that manages managerial employees
at the 1st management level---------------------------- ----------------------------- --------------- -----4th management level:
managerial employee-governing
body that manages managerial employees
at the 2nd management level, managerial employee30 to 60
organizational unit manager that manages managerial
employees at the 2nd management level, DeputyMember of the Government, Head of the Office of the President of the
Republic, Head of the Office of the Chamber of
Deputies of the Parliament of the Czech Republic,
Head of the Office of the Senate of the Parliamentof the Czech Republic, Head of the Office of the Public
Defender of Rights, Financial Arbitrator and director of theInstitute for the Study of Totalitarian Regimes--------------------------- ----------------------------- ----------------- ----(4) An employee who is not a managerial employee, but is entitled to organize, manage
and check the work of other employees and give them binding instructions for this purpose, isentitled, depending on the complexity of the managerial work, to a management bonus of 5 to
15% of the salary scale of the highest salary grade in the salary class in which the employee isclassified.
Section 125
Night work bonus
Employees are entitled to a bonus of 20 % of average hourly earnings per hour of night
work.
Section 126
Bonus for work on Saturday and Sunday(1) Employees are entitled to a bonus of 25 % of average hourly earnings per hour ofwork on Saturday or Sunday.
(2) Where work is performed abroad, the employer may provide a bonus pursuant tosubsection (1) for work done on Saturday and Sunday which, under the conditions abroad, arethe days of uninterrupted rest during the week.
Section 127
Salary or compensatory time off for overtime work
(1) For an hour of overtime work, the employee is entitled to a part of the salary scale,personal and special bonus and bonus for work in a difficult working environment for 1 hourof work excluding overtime work in the calendar month in which he works overtime, and abonus of 25 % of the average hourly earnings and, in the case of weekly uninterrupted rest days,
a bonus of 50 % of the average hourly earnings, unless the employer and the employee haveagreed to provide compensatory time off for overtime work instead of overtime pay. The salaryis not reduced for the period of taking compensatory time off.
(2) If the employer does not provide the employee with compensatory time off for 3
consecutive calendar months after overtime work or at another agreed time, the employee isentitled to a part of the salary scale, personal bonus, special bonus, bonus for work in a difficult
working environment and bonus pursuant to subsection (1).
(3) Employees who are entitled to a management bonus pursuant to Section 124, thesalary is determined taking into account any overtime work in the range of 150 hours per
calendar year. This does not apply to overtime work at night, on non-working days or duringon-call duty, for which the employer is obliged to provide salary or compensatory time off. All
overtime work is always taken into account in the salary of a managerial employee who is agoverning body or head of an organizational unit.
Section 128
Bonus for work in a difficult working environment(1) Employees are entitled to a bonus for work in a difficult working environment.
Difficult work environment is the work environment pursuant to the second sentence of Section
117.
(2) The amount of the bonus for work in a difficult working environment and theconditions for its provision shall be laid down in a Government Decree. The bonus for work in
a difficult working environment is at least 5 % of the amount provided by this Act in Section
111(2) as the basic minimum wage rate per month.
Section 129
Extra bonus(1) Employees who perform work in working conditions associated with an
extraordinary neuropsychological load, risk to life and health or difficult work regimes shall beentitled to a special bonus.
(2) The government shall determine the division of work according to working
conditions into groups depending on the degree of neuropsychological load and the probabilityof risk to life and health and according to the difficulty of work, the conditions for providing
allowance and the amount of allowance in individual groups.
(3) The employer shall determine the amount of the surcharge to the employee within
the range set for the group with working conditions in which the employee continuously
performs work.
Section 130
Split shift bonus(1) Employees to whom the employer has scheduled shifts split into 2 or more parts
shall be entitled to a bonus of 30 % of the average hourly earnings for each shift so split.
(2) For the purposes of subsection (1), a split shift means a shift in which the continuousinterruption of work or their total is at least 2 hours.
Section 131
Personal bonus(1) An employee who attains very good long-term working results or fulfils long-terma greater range of working tasks than other employees may be granted by his employer a bonusof up to 50 % of the highest salary grade in the salary class to which this employee is assigned.
(2) An employee who is an excellent generally respected specialist and who performs
the types of work included in the tenth to the sixteenth salary grade may be granted by his

employer a bonus of up to 100 % of the highest salary grade in the salary class to which this
employee is assigned.
Section 132
Bonus for direct pedagogical activity in excess of the determined scope
A pedagogical employee is entitled to a bonus in the amount of double the hourly
average earnings for every hour of direct teaching, direct pedagogical activity, direct special
pedagogical activity or direct pedagogical-psychological activity with direct effect on the
person being educated, whereby he implements education and teaching pursuant to a special
Act46), which he performs in excess of the scope of hours set by the school headmaster, or by
the head of a school facility or the head of a social services facility22a) pursuant to another Act.
Section 133
Pedagogical employee’s bonus for specialization
A bonus in the amount of CZK 1,000 to CZK 2,000 per month shall be granted to apedagogical employee45) who, in addition to his pedagogical activity, performs specialized
activities the performance of which requires further qualification requirements47).
Section 134
RewardThe employer may reward the employee for the successful completion of an
extraordinary or particularly important work task.
Section 134a
Target reward
A target reward may be granted to an employee for the performance of an especiallydemanding task, defined in advance, whose preparation, gradual arrangements andimplementation is of a particular importance with a view to the employer’s activities provided
that the employee is directly or largely involved in its implementation. The amount of suchtarget reward shall be communicated by the employer together with the relevant evaluation
criteria before the start of the task implementation. The target reward shall be due to theemployee in the amount determined by the employer with regard to meeting the set criteria
unless the employee’s employment relationship is terminated before the accomplishment of thegiven task.
Section 135
Salary or compensatory time off for work on a public holiday(1) Where a public holiday falls on an employee’s usual working day and the employee
does not work because it is a public holiday, his salary shall not be reduced.
(2) Where an employee performs work on a public holiday, his employer shall grant
him compensatory time off within the scope of hours for which he worked on a public holiday
and this compensatory time off shall be granted by the end of the third calendar month after thesaid work performance on a public holiday or within another agreed period. The salary is not
reduced for the period of taking compensatory time off.

(3) The employer and the employee may agree on the payment of a bonus in the amountof hourly average earnings for every hour of work done on a public holiday instead of granting
this employee compensatory time off.
Section 136
Salary statement(1) The employer is obliged to issue a salary statement to the employee on the day hecommences work; the salary statement must be in writing.
(2) The employer shall include in a salary statement the details of salary class and salary
grade to which the employee has been assigned, together with the amount of salary scale andother regular items of the monthly salary. The date and place of salary payment shall be givenin the salary statement unless these are included in the contract or internal regulations. Where
there is a change in any facts included in a in the salary statement, the employer shallcommunicate this fact to the employee concerned in writing, including the reasons, no later
than on the date when the change takes effect.
(3) A managerial employee who is a governing body or head of an organizational unit
shall be issued a salary statement by the body competent to determine his salary (Section
122(2)).
Section 137
Salary Information System(1) For the evaluation and development of the salary system, the Ministry of Finance
operates the Salary Information System and provides data from this system to the Ministry ofLabour and Social Affairs and the Ministry of the Interior. The Salary Information System is a
public administration information system48).
(2) The salary information system means the collection, processing and keeping of dataon funds for salaries and remuneration for on-call duty, average earnings and on personal dataof employees49) affecting the amount of salary.
(3) Employers are obliged to provide the data referred to in subsection (2) to the Salary
Information System to the extent and in the manner specified by a Government Decree.
TITLE IVREMUNERATION FROM AN AGREEMENT
Section 138
The amount of remuneration from an agreement and the conditions for its provision areagreed in the agreement to complete a job or in the agreement to perform work.
TITLE V
WAGE OR SALARY FOR THE PERFORMANCE OF ALTERNATIVE WORKSection 139(1) If an employee has been transferred to alternative work for which a lower wage orsalary is due:(a) because of the risk of occupational diseases or if he has reached the maximum permissible
exposure in accordance with a special legal regulation at the workplace designated by a decisionof the competent public health protection authority19) [Section 41(1)(b)];(b) according to a medical opinion issued by an occupational health service provider or adecision of the competent public health protection authority in order to protect the health ofother natural persons against an infectious disease [Section 41(1)(d)];(c) to avert an emergency, natural disaster or other imminent accident or to mitigate its
immediate consequences (Section 41(4)); or(d) for downtime or interruption of work caused by adverse weather conditions (Section 41(5));
he shall be entitled, for the duration of the transfer, to a wage or salary supplement up
to the average earnings he made before the transfer.
(2) Where, in accordance with Section 41(2)(b), an employee is transferred to work
other than that which was agreed (alternative work), he is entitled to a wage or salary for thealternative work performed by him; unless the employee is finally convicted of a wilful criminal
offence committed during the performance of his working tasks or in direct connection
therewith to the detriment of the employer’s property, he is entitled, for the duration of thetransfer, to an additional payment up to the average earnings before his transfer.
(3) The Government may lay down in a Decree the conditions under which thecompetent administrative body shall pay to the employer the costs which this employer incurredon the additional payment to wage or salary paid to the employee who was transferred due tothe reasons referred to in Section 41(1)(d).
TITLE VI
REMUNERATION FOR ON-CALL DUTY
Section 140
An employee is entitled to remuneration in the amount of at least 10 % of his average
earnings for a period of on-call duty [Section 78(1)(h) and Section 95].
TITLE VII
COMMON PROVISIONS ON WAGES, SALARIES, REMUNERATION FROM
AGREEMENTS AND REMUNERATION FOR ON-CALL DUTY
Section 141(1) Wage or salary shall be payable after the performance of work no later than in thecalendar month following the month when the employee became entitled to his wage or salaryor one of its components.
(2) Wage, salary and their individual components set, agreed or determined for an hourof work belong to the employee even for fractions of hours worked in the period for which thewage or salary is provided.
(3) The regular date of payment of wage or salary must be agreed, set or determinedwithin the period referred to in subsection (1).
(4) The employer is obliged to pay the employee a wage or salary payable during theholiday before the start of the holiday, if the date of payment falls on the holiday period, unlessthe employee agrees on another day of payment. If the technique of calculating wages or salaries
does not allow it, the employer is obliged to pay him a reasonable advance and he is obliged to
pay him the remaining part of the wage or salary no later than in the next regular payment
period.
(5) Upon the termination of employment relationship, the employer is obliged to pay
the employee, at his request, a wage or salary for the monthly period to which he became
entitled on the day of termination of employment relationship. If the technique of calculating
wages or salaries does not allow it, the employer is obliged to pay him the wage or salary nolater than in the next regular payment period of the wage or salary following the day oftermination of employment relationship.
Section 142(1) The employer is obliged to pay the wage or salary to the employee in legal money50).
(2) Wage or salary are rounded up to whole koruna.
(3) Wage or salary shall be paid during working hours and at the workplace unless
another time and place of payment has been agreed or unless otherwise provided in this Act. If
the employee cannot collect his wage or salary due to important reasons, the employer shallsend him the wage or salary on the regular payment date, or no later than the next working day
at its cost and risk, unless the employer and the employee have agreed on some other manner
or date of payment.
(4) An employer with complicated operational conditions for wage or salary paymentthat make direct payment of wage or salary to an employee difficult or unfeasible may send, at
its own expense and risk, the wage or salary to his employee so that the wage or salary isavailable to the employee by the determined payment date.
(5) During the monthly account of wage or salary, the employer is obliged to issue theemployee with a written document including data on the individual components of the wage orsalary and on the deductions made. At the request of the employee, the employer submits the
documents used as the basis for the calculation of the wage or salary.
(6) A wage or salary may be paid to a person other than an employee only on the basisof a written power of attorney; this also applies to the spouse or partner51a) of the employee.
Without the written power of attorney, a wage or salary may be paid to a person other than anemployee only if so provided by law or a special legal regulation33).
Section 143(1) On the basis of an agreement with the employee, the employer shall, when paying
the wage or salary or other pecuniary benefits in favour of the employee, after making any
deductions from the wage or salary under this Act or special legal regulation, pay the amountdetermined by the employee at its own expense and risk to one payment account designated by
the employee, no later than on the regular date of payment of the wage or salary, unless a later
date is agreed with the employee in writing.
(2) Employees with a place of work abroad may, with their consent, be provided with awage or salary or a part thereof in the agreed foreign currency, if the exchange rate for thiscurrency is announced by the Czech National Bank. Section 142(2) on rounding is used to roundwages in foreign currency with the necessary modifications.
(3) The exchange rate announced by the Czech National Bank valid on the day on which
the employer purchases the foreign currency for the purpose of paying the wage or salary shallbe used for the conversion of the wage or salary or part thereof into the foreign currency.
Section 144
Unless otherwise agreed between the employer and the employee on payment date andpayment, the payment date and payment of remuneration from an agreement, the remunerationfor on-call duty and the compensatory wage or salary shall be governed by Sections 141, 142
and 143 by analogy. If a one-time payment of the remuneration from an agreement is agreed
only after the completion of the entire work task, the employer shall pay the remuneration froman agreement on the nearest payment date after the completion and submission of the work.
Section 144a(1) It is prohibited to assign the right to a wage, salary, remuneration from an agreement
or their compensation.
(2) It is prohibited to use the right to a wage, salary, remuneration from an agreement
or a part thereof or their compensation to secure a debt; this does not apply in the case of a wage
deduction agreement.
(3) If the parties deviate from the prohibitions referred to in subsections (1) and (2), it
shall be disregarded.
(4) Offsetting against a receivable for wage, salary, remuneration from an agreement
and compensatory wage or salary may be made only under the conditions set out in theregulation of the execution of the decision by deductions from wage in the Code of Civil
Procedure54).
TITLE VIII
DEDUCTIONS FROM INCOME UNDER A LABOUR-LAW RELATIONSHIP

Chapter 1
General provisions
Section 145(1) Deductions from an employee’s income for the purposes of this Act are deductions
from wage or salary and other income of an employee from a basic labour-law relationshippursuant to Section 3 (hereinafter the “wage deductions”).
(2) Other types of income of the employee pursuant to subsection (1) are:(a) remuneration from an agreement;(b) compensatory wage or salary;(c) remuneration for on-call duty;(d) severance pay or similar benefits provided to employees in connection with the terminationof employment;(e) monetary payments of a loyalty or stabilization nature provided to employees in connection
with employment;(f) remuneration pursuant to Section 224(2)Section 146
Wage deductions may only be made:(a) in cases stipulated by this Act or a special law;(b) on the basis of an agreement on wage deductions or to satisfy the employee’s obligations;(c) to pay membership fees of an employee who is a member of a trade union organisation, if
this has been agreed in a collective agreement or by written agreement between the employer
and the trade union organisation and if the employee who is a member of the trade union
organisation agrees.
Chapter 2
Order of wage deductions
Section 147(1) The employer may deduct from employee’s wage: [Section 146(a)] only:(a) personal income tax from dependent activity;(b) social security premiums and state employment policy contributions and general healthinsurance premiums;(c) an advance on the wage or salary which the employee is obliged to return because theconditions for granting this wage or salary have not been met;(d) unsettled advance payment for travel allowances or other unsettled advance payments
provided by the employee for the performance of his work tasks;(e) compensatory wage or salary paid for annual leave to which the employee has lost theentitlement or to which his entitlement has not arisen, and compensatory wage or salary
pursuant to Section 192 to which the employee did not become entitled.
(2) Enforcement of a decision (execution) ordered or conducted by a court, judicial
executor51), tax administrator52), a body of an administrative authority, another State body or abody of a territorial self-governing unit53) is governed by a special legal regulation54).
(3) Deductions from the employee’s salary in favour of the employer for hiring, for theprovision of financial guarantees or for the payment of contractual penalties are not permitted.
Wage deductions for damages are only possible on the basis of a wage deduction agreement[Section 146(b)].
Section 148(1) Wage deductions shall preferably be made only in accordance with Section 147(1)(a)and (b) ).
55(2) Wage deductions may be made only under the conditions set out in the regulationon the execution of decision by wage deductions in the Code of Civil Procedure54); these
conditions determine the order of individual receivables in the case of receivables subject to theenforcement of decision ordered by a court, judicial executor51), tax administrator52) or a bodyof an administrative authority, another State body or a body of a territorial self-governing
unit53).
Section 149(1) For wage deductions made in accordance with Section 146(b) the order shall be
determined by the date on which the wage deduction agreement was delivered to the employer
or the wage deduction agreement was concluded between the employee and the employer; ifwage deductions are made in favour of the employer, the order shall be determined by the dateon which the wage deduction agreement was concluded.
(2) In the case of wage deductions made in accordance with Section 147(1)(c), (d) and(e) the order shall be determined by the date on which the deduction was commenced.
(3) In the case of wage deductions in accordance with Section 146(c) the order shall be
determined by the day on which the employee agrees to make deductions.
(4) If an employee commences work with another employer, the order of the receivables
in accordance with subsection (1) shall be maintained with the new employer (payer of wage
or salary). The new employer (payer of wage or salary) begins to make deductions on the day

on which it learns from the employee, the previous employer (payer of wage or salary) or theentitled party that deductions from wages and salaries have been made and for which
receivables; the same shall apply in the case referred to in subsection (2), unless such an effecthas been expressly excluded in the wage deduction agreement.
Section 150
The employer shall keep records including the name, or names and surnames, address,
if it is a natural person, name and registered office, if it is a legal person, and documents relating
to wage deductions for the same period as other data and documents relating to wage orsalary56).
PART SEVEN
REIMBURSEMENT OF EXPENSES TO EMPOYEES IN CONNECTION WITHPERFORMANCE OF WORKTITLE I
GENERAL PROVISIONS ON THE ALLOWANCES FOR EXPENSES PROVIDED TOEMPLOYEES IN CONNECTION WITH THE PERFORMANCE OF WORK
Section 151
The employer is obliged to provide the employee, unless otherwise provided in this Act,to reimburse expenses incurred in connection with the performance of work, to the extent andunder the conditions set out in this Part.
Section 152
Travel expenses for which the employer provides travel allowances to employees aredefined as expenses incurred by employees in the case of:(a) a business trip (Section 42);(b) a trip outside the regular workplace;(c) an extraordinary trip in connection with the performance of work outside the shift scheduleat the place of performance of work or a regular workplace;(d) relocation (Section 43);(e) temporary assignment (Section 43a);(f) hiring to an employment relationship;(g) performance of work abroad.
Section 153

(1) The conditions which may affect the provision and amount of travel allowances, inparticular the time and place of commencement and termination of the trip, the place ofperformance of work tasks, the mode of transport and accommodation, shall be determined inwriting in advance by the employer; in doing so, it shall take into account the legitimate interestsof the employee.
(2) If, in view of the circumstances, the employee’s rights to travel allowances and theiramount are unquestionable, the previous written form of determination of the conditions is not
required, unless the employee insists on it.
Section 154
Foreign business trip means a trip made outside the territory of the Czech Republic. The
decisive time for the employee’s right to the compensation for travel expenses in foreign
currency is the time of crossing the state border of the Czech Republic, of which the employee
notifies the employer, or the time of flight departure from the Czech Republic and flight arrivalin the Czech Republic in the case of air transport.
Section 155(1) Travel allowances may be provided to an employee who performs work for theemployer on the basis of agreements on work performed outside the employment relationshiponly if this right has been agreed, as well as the place of the employee’s regular workplace.
(2) If an employee is to perform a work task in a place outside the municipality ofresidence according to the agreement to complete a job, he is entitled to travel allowances if
their provision has been agreed even if the place of regular work has not been agreed.
TITLE IIPROVISION OF TRAVEL ALLOWANCE TO AN EMPLOYEE OF AN EMPLOYER NOTPROVIDED IN SECTION 109(3)Chapter 1
Travel allowances for business trips or travel outside the regular workplace
Section 156
Types of travel allowances(1) The employer referred to in this Title is obliged, under the conditions laid down inthis Title, to provide compensation to the employee during the business trip for:(a) transport expenses;(b) transport expenses to visit a family member;(c) accommodation expenses;(d) increased meal expenses (hereinafter the “meal allowance”);

(e) necessary ancillary expenses.
(2) For the purposes of providing travel allowances, a business trip is considered toinclude a trip referred to in Section 152(b) and (c).
(3) The employer may also provide other compensations to the employee; however,
only those that have been provided in accordance with Section 152 are considered travel
allowances.
Reimbursement of transport expenses
Section 157(1) Reimbursement of transport expenses for the use of a designated means of longdistance public transport and taxi service is payable to employees in a proven amount.
(2) Where an employee, with his employer’s consent, uses instead of a determinedmeans of long-distance public transport some other means of transport, including a road motor
vehicle (except a road motor vehicle provided by his employer), the employee is entitled toreimbursement of transport expenses in the amount equal to the fare for the determined meansof long-distance public transport.
(3) Where, at his employer’s request, an employee uses a road motor vehicle, except aroad motor vehicle provided by his employer, the employee is entitled to the basic
compensation for every 1 km travelled and to the compensation of expenses for fuelconsumption.
(4) The rate of the basic compensation for 1 km travelled shall be at least:(a) CZK 1.20 for single-track vehicles and tricycles;(b) CZK 4.40 for passenger road motor vehicles.
when using a trailer for a road motor vehicle, the employer shall increase the basic
compensation for 1 km travelled by at least 15 %. This rate of basic compensation shall beamended by implementing legislation issued in accordance with Section 189 according to pricedevelopments.
(5) In the case of trucks, buses or tractors, employees shall be entitled to basic
compensation of at least twice the rate specified in subsection 4(b).
Section 158(1) If the amount of the basic compensation has not been agreed or determined by theemployer before the employee is sent on a business trip, the employee is entitled to the basic
compensation rate pursuant to Section 157(4) and (5).
(2) Compensation for consumed fuel shall be determined by the employer as a multipleof the price of fuel and the amount of fuel consumed.

(3) The price of fuel shall be proved by the employee with a proof of purchase showing
the connection with the business trip. If the employee proves the price of fuel using more proofsof its purchase which show the connection with the business trip, the price of fuel is calculated
to determine the amount of compensation by the arithmetic average of the prices proven by theemployee. If the employee does not prove the price of fuel to the employer in a credible manner,the employer shall use the average price of the relevant fuel determined by the implementing
legal regulation issued in accordance with Section 189.
(4) The employer shall calculate the fuel consumption of a road motor vehicle from theconsumption data stated in the technical certificate of the used vehicle, which the employee isobliged to submit to the employer. If the technical certificate of the vehicle does not containthis information, the employee is entitled to the compensation of fuel costs only if he proves
the fuel consumption by a technical certificate of a vehicle of the same type with the same
cylinder capacity. When determining fuel consumption, the employer shall use the consumption
data for combined operation according to European Union standards. If this information is notstated in the technical certificate, the employer shall calculate the fuel consumption of thevehicle by the arithmetic average of the data stated in the technical certificate.
Section 159(1) Reimbursement of transport expenses using local public transport in accordance withthe specified conditions of the business trip shall be payable to the employee in the provenamount; this reimbursement is payable to the employee in addition to the reimbursement
pursuant to Section 157(1) to (3).
(2) As regards reimbursement of transport expenses for means of local public transport
used on a business trip within the municipality in which the employee has his agreed place ofwork, the employer shall reimburse to this employee the amount equal to the price of the fareat the time when such business trip took place without the employee having to prove thetransport expenses. However, such reimbursement of transport expenses for means of local
public transport shall not be payable to an employee if his employer provides for the use of
local public transport and the employee does not financially contributes thereto.
Section 160
If, with the employer’s prior consent, the employee interrupts a business trip due to areason on his side and no performance of work follows after the trip interruption, the employer
shall compensate his employee only for transport expenses up to the amount to which theemployee would have been entitled if no interruption of the business trip had occurred. This
shall apply by analogy in the case of an interruption of a business trip agreed in advance which
occurs due to a reason on the employee’s side before his performance of work.
Section 161
Reimbursement for transport expenses to visit a family member(1) Where the duration of a business trip lasts is more than seven calendar days, theemployee is entitled to the reimbursement of transport expenses to visit a family member at thehome address or at another place of the family member’s presence agreed in advance and thereimbursement shall be provided under the conditions laid down in Sections 157 to 160;
however the employer shall compensate the transport expenses up to the maximum amountcorresponding to the transport expense to the place of the employee’s place of work or regular
workplace or home address in the Czech Republic. The maximum amount shall be the amountthat is most advantageous for the employee.
(2) When using air transport, the employer shall compensate the employee’s transport
expenses for the visit of a family member only in the amount corresponding to the travel
expenses of the road or rail means of long-distance transport determined by the employer.
Subsection 1 applies here as well.
(3) The reimbursement of transport expenses for a family member’s visit shall be
provided by the employer no later than during the fourth week from the beginning of thebusiness trip or from the family member’s last visit unless a shorter period is agreed with theemployee.
Section 162
Compensation of accommodation expenses(1) The employee is entitled to the compensation of accommodation expenses incurredin accordance with the conditions of the business trip in the amount he proves to the employer.
During the time when the employee visits his family member, the employer shall compensate
the documented amount for the employee’s accommodation only if the employee had tocontinue paying such expenses with regard to the conditions of the business trip or
accommodation services.
(2) During the interruption of the business trip agreed in advance due to reasons on theemployee’s side, the employer is not obliged to compensate accommodation expenses to theemployee, even if the employee had to pay the accommodation expenses with regard to theconditions of the business trip or accommodation service.
Section 163
Meal allowance(1) For each calendar day of a business trip, employees are entitled to a meal allowanceof at least:(a) CZK 91 if the business trip lasts 5 to 12 hours;(b) CZK 138 if the business trip lasts longer than 12 hours but no longer than 18 hours;(c) CZK 217 if the business trip lasts longer than 18 hours.
This meal allowance changes by implementing legislation issued in accordance with Section
189 according to price developments.
(2) If an employee has been provided with a meal having the nature of a breakfast, lunchor dinner during which the employee does not contribute financially (hereinafter the “freemeal”), the employee shall be entitled to a meal allowance for each free meal reduced by up to:(a) 70% of the meal allowance if the business trip lasts 5 to 12 hours;

(b) 35% of the meal allowance if the business trip lasts longer than 12 hours but no longer than
18 hours;(c) 25% of the meal allowance if the business trip lasts longer than 18 hours.
(3) Unless the employer agrees or determines a higher meal allowance than the one
specified in subsection (1) before sending the employee on a business trip, the employee shallbe paid a meal allowance pursuant to subsection (1). Unless, before sending the employee on abusiness trip, the employer agrees or determines a lower reduction of meal allowance, theemployee is to be paid a meal allowance reduced by the highest amount pursuant to subsection(2).
(4) Where a business trip falls on two calendar days, the duration of the business trip
shall not be considered separately on the calendar day if this is more advantageous for theemployee.
(5) During the visit of a family member or during the agreed interruption of the businesstrip for reasons on the employee’s side, the employee is not entitled to meal allowance. Before
visiting a family member or before an agreed interruption of a business trip the period decisive
for the employee’s entitlement to meal allowance shall terminate on the completion of
performance of his work, or in another manner agreed in advance, and after a family member’svisit or after an interruption of a business trip due to reasons on the employee’s side the period
decisive for the entitlement to meal allowance starts concurrently with the beginning of theemployee’s performance of work or in another manner agreed in advance.
(6) If an employee is sent on a business trip to his place of residence which is different
from his place of work or regular workplace, he is entitled to meal allowance only for the trip
to his place of residence and back and for the period of work in this place.
(7) It is prohibited to extend the reasons for non-provision of meal allowance provided
for in subsections (5) and (6).
Section 164
Reimbursement of necessary ancillary expenses
The employee is entitled to the reimbursement of necessary ancillary expenses that heincurs in direct connection with the business trip, in the amount he proves to the employer. If
the employee is unable to prove the amount of the expenses, he is entitled to compensation
corresponding to the price of the goods and services customary at the time and place of thebusiness trip.
Chapter 2
Reimbursement in the case of relocation and temporary assignment
Section 165(1) If an employee is relocated or temporarily assigned to another employer to a placeof work other than that agreed in the employment contract, which is also different from theemployee’s place of residence, he shall be entitled to reimbursement in the amount and underthe conditions set out in Sections 157 to 164. If the employee returns to the place of residence
on a daily basis, the time spent at that place shall not be included in the period decisive for theprovision of meal allowance.
(2) An employee who receives a meal allowance pursuant to subsection (1) and is sent
on a business trip outside the place of transfer or temporary assignment at the same time shallbe entitled to a meal allowance which is more advantageous for the employee. Other travel
allowances are to be paid to the employee as on a business trip.
Chapter 3
Travel allowances on a business trip abroad
Section 166
Types of travel allowances(1) The employer is obliged to provide the employee with a meal allowance in theamount and under the conditions set out in Section 163, with the exception of subsection (4),and the reimbursement of:(a) transport expenses;(b) transport expenses to visit a family member;(c) accommodation expenses;(d) meal expenses in foreign currency (hereinafter the “meal expenses abroad”);(e) necessary ancillary expenses.
(2) The employer may also provide the employee with other travel allowances during abusiness trip abroad.
Section 167
Reimbursement of transport expenses
The employee is entitled to the reimbursement of transport expenses in the amount andunder the conditions laid down in Sections 157 to 160; reimbursement of fuel in a foreign
currency and documented amount shall be provided only for kilometres travelled outside theCzech Republic. Where due to serious reasons the employee does not have a receipt confirming
his purchase of fuel outside the Czech Republic, the employer may provide him reimbursementof fuel in a foreign currency also on the basis of the employee’s statement on the actual pricepaid for fuel and on the reasons why no receipt is available.
Section 168
Reimbursement for transport expenses to visit a family member
If a business trip abroad lasts longer than one month and if a visit to a family member
has been agreed with, or determined by, the employer before sending an employee on thebusiness trip abroad, the employee is entitled to reimbursement of return transport expenses tovisit a family member at the home address, or at another pre-agreed place of a family member’s
presence and back pursuant to Section 167, but only up to the amount equal to transport
expenses to the employee’s place of performance of work or regular workplace or home addressin the Czech Republic. The maximum amount shall be the amount that is most advantageous
for the employee.
Section 169
Compensation of accommodation expenses
The employee is entitled to reimbursement of accommodation expenses incurred inaccordance with the conditions of the business trip abroad in accordance with Section 162.

Section 170
Meal allowance abroad(1) The employee who is on a business trip abroad is entitled to meal allowance in aforeign currency in the amount and under the conditions laid down below.
(2) Where prior to sending an employee on a business trip abroad the employer agrees
or determines the standard rate of meal allowance abroad, such basic rate in full monetary units,
taking regard to the conditions of the business trip and the manner of catering, must amount toat least 75 % (and in the case of crews of inland water transport to at least 50 %) of the basic
rate of meal allowance abroad, as prescribed for a given country by an implementing regulation
issued pursuant to Section 189. Where the employer does not act in accordance with the first
sentence, it shall determine the meal allowance abroad from the amount of the basic rate ofmeal allowance abroad prescribed by an implementing regulation issued pursuant to Section
189. The amount of meal allowance abroad shall be determined by the employer with regard to
the basic rate of meal allowance abroad agreed or determined for the country in which theemployee will spend most time in one calendar day.
(3) Employees are entitled to a foreign meal allowance in the amount of the basic rate
pursuant to subsection (2) if the time spent outside the Czech Republic lasts longer than 18hours on a calendar day. If this period lasts more than 12 hours, but not more than 18 hours, theemployer shall provide the employee with a meal allowance abroad in the amount of two thirdsof this meal allowance abroad, and in the amount of one third of this meal allowance abroad if
the time spent outside the Czech Republic lasts up to 12 hours, but at least 1 hour, or more than
5 hours if the employee becomes entitled for the trip in the territory of the Czech Republic to ameal allowance pursuant to Section 163 or Section 176. If the time spent outside the territoryof the Czech Republic lasts less than 1 hour, no meal allowance abroad is provided.
(4) Periods spent outside the territory of the Czech Republic which last 1 hour or moreduring several business trips abroad on one calendar day shall be added together for the
purposes of the meal allowance abroad. Periods for which the employee does not become
entitled to meal allowance abroad shall be added to the period decisive for the provision of meal
allowance in accordance with Section 163.
(5) If an employee has been provided with a free meal during a business trip abroad, theemployee shall be entitled to a meal allowance abroad reduced for each free meal by up to:(a) 70 % of the meal allowance abroad in the case of the meal allowance abroad in the amountof one third of the basic rate;(b) 35 % of the meal allowance abroad in the case of the meal allowance abroad in the amountof two thirds of the basic rate;(c) 25 % of the meal allowance abroad in the case of a meal allowance abroad in the amount of
the basic rate.
If the employer does not agree on a lower reduction of the meal allowance abroad ordoes not determine it before sending the employee on a business trip abroad, the employee shallbe paid the meal allowance abroad reduced by the highest value specified in the first sentence.
(6) During the visit of a family member or during the agreed interruption of the businesstrip abroad for reasons on the employee’s side, the employee is not entitled to meal allowanceabroad. Before visiting a family member or before an agreed interruption of a business trip
abroad the period decisive for the employee’s entitlement to meal allowance abroad due to areason on the employee’s side shall terminate on the completion of performance of his work,or in another manner agreed in advance, and after a family member’s visit or after aninterruption of a business trip abroad due to reasons on the employee’s side the period decisive
for the entitlement to meal allowance starts concurrently with the beginning of the employee’s
performance of work or in another manner agreed in advance.
(7) If an employee is sent on a business trip abroad to his place of residence, he shall beentitled to meal allowance and meal allowance abroad only for the trip to the place of residence
and back, for travel to and from work and for the period of work at this place.
(8) It is prohibited to extend the reasons for non-provision of the meal allowance abroad
provided for in subsections (6) and (7).
Section 171
Reimbursement of necessary ancillary expenses
The employee shall be entitled to reimbursement of necessary ancillary expenses inaccordance with Section 164.
Chapter 4
Reimbursement in the case of work abroad
Section 172
If the place of work or the regular workplace outside the territory of the Czech Republic
has been agreed, the employee is entitled to the same travel allowances for the days of the first
trip from the Czech Republic to the place of work or regular workplace and back as those during
a business trip abroad. If a family member travels with the employee with the consent of theemployer, the employee is also entitled to the reimbursement of proven transport,
accommodation and necessary ancillary expenses incurred by this family member.
TITLE IIIPROVISION OF TRAVEL ALLOWANCE TO EMPLOYEES OF EMPLOYERSPROVIDED IN SECTION 109(3)Chapter 1
General provisions
Section 173
The employer referred to in this Title shall provide the employee with travel allowancesin the amount and under the conditions laid down in this Title. The employer may not provide
other or higher travel allowances to the employee.
Section 174
When providing travel allowances, the employer shall act in accordance with Part Sevenof Title II, with the derogations set out below.
Chapter 2
Derogations for the provision of travel allowances on business trips
Section 175
Reimbursement of transport expenses
The rate of the basic reimbursement provided in Section 157(4) and (5) is binding on
the employer and cannot be agreed or deviated from before the business trip.
Section 176
Meal allowance(1) When providing meal allowance, Section 163(1) to (3) do not apply. Employees areentitled to a meal allowance for each calendar day of the business trip in the amount of:(a) CZK 91 to CZK 108 if the business trip lasts 5 to 12 hours;(b) CZK 138 to CZK 167 if the business trip lasts longer than 12 hours but not longer than 18hours;(c) CZK 217 to CZK 259 if the business trip lasts longer than 18 hours.
This meal allowance changes by implementing legislation issued in accordance with
Section 189 according to price developments.
(2) If the employer makes it impossible for the employee to eat in the usual way bysending him on a business trip that lasts less than 5 hours, he may provide him with a meal
allowance up to the amount of the meal allowance pursuant to subsection (1)(a).
(3) If an employee has been provided with a free meal during a business trip, theemployee shall be entitled to a meal allowance reduced for each free meal by up to:(a) 70% of the meal allowance if the business trip lasts 5 to 12 hours;(b) 35% of the meal allowance if the business trip lasts longer than 12 hours but no longer than
18 hours;(c) 25% of the meal allowance if the business trip lasts longer than 18 hours.
(4) The employee is not entitled to meal allowance if during the business trip that lasts:(a) 5 to 12 hours, the employee was provided with two free meals;(b) for more than 12 hours, but no longer than 18 hours, the employee was provided with three
free meals.
(5) If the employer does not agree or determine the amount of the meal allowance before
sending the employee on a business trip, the employee shall be entitled to the meal allowancein the amount of the lower rate pursuant to subsection (1).
Chapter 3
Reimbursements in the case of hiring and relocation
Section 177(1) If the employer has agreed or determined in an internal regulation the provision ofreimbursement upon hiring into an employment relationship or relocation to another place,these reimbursements may be provided up to the amount and scope pursuant to Section 165.
(2) Reimbursement pursuant to subsection (1) may be provided by the employer to theemployee until the employee or a member of his family and another natural person living with
him in the household has obtained an adequate apartment in the municipality of work, but forno more than 4 years, and for a fixed-term employment relationship, no later than until thetermination of this employment relationship.
Section 178
Employee to whom the employer provides or could provide reimbursement pursuant to
Sections 165 and 177 and who moves to a municipality in which the right or possibility to beprovided such reimbursement ceases to exist, the employer may provide reimbursement forproven:(a) expenses for the transport of home furnishings;(b) transport expenses and transport expenses of a family member from the place of residence
to a new place of residence;(c) necessary ancillary expenses related to the transport of home furnishings;(d) essential necessary expenses associated with the renovation of the apartment, up to theamount of CZK 15,000.
Chapter 4
Derogations for the provision of travel allowances on foreign business trips abroad
Section 179(1) When providing foreign meal allowance, Section 170(2) first sentence andsubsection (5) shall not apply. The employee shall be entitled to meal allowance abroad foreach calendar day of a business trip abroad in the amount of the basic rate of the meal allowanceabroad determined by the implementing legal regulation issued pursuant to Section 189.
(2) Heads of State organizational units and their representatives and governing bodies
and their representatives may be determined meal allowances abroad up to an amount exceedingby 15 % the basic rate of meal allowance abroad referred to in subsection (1), unless otherwise
provided by a special legal regulation57).
(3) If an employee has been provided with a free meal during a business trip abroad, theemployee shall be entitled to a meal allowance abroad reduced for each free meal by:(a) 70 % of the meal allowance abroad in the case of the meal allowance abroad in the amountof one third of the basic rate;(b) 35 % of the meal allowance abroad in the case of the meal allowance abroad in the amountof two thirds of the basic rate;(c) 25 % of the meal allowance abroad in the case of a meal allowance abroad in the amount of
the basic rate.
(4) The employee is not entitled to meal allowance abroad if during a business trip
abroad that lasts:(a) 12 hours or less, the employee was provided with two free meals;(b) for more than 12 hours, but no longer than 18 hours, the employee was provided with three
free meals.
Section 180
The employer may provide the employee with a pocket allowance of up to 40% of themeal allowance abroad provided to the employee in accordance with Section 170(3) and Section
179(1) and (2).
Chapter 5
Reimbursement in the case of work abroad
Section 181

In addition to the reimbursements in accordance with Section 172 the employee shallbe entitled to the reimbursement provided for in the implementing legislation issued pursuant
to Section 189. Employees are not entitled to meal allowances for business trips in the Czech
Republic and meal allowances abroad in the country of work or regular workplace.
TITLE IV
COMMON PROVISIONS ON TRAVEL ALLOWANCES
Section 182
Flat-rate reimbursement of travel allowances(1) Where reimbursement of a flat-rate monthly or daily amount of travel allowance isagreed, or determined by internal regulations or by an individual written statement, such amountis based on the average conditions decisive for providing reimbursement of travel expenses toa group of employees or to a certain employee, taking into consideration the level of travel
expenses reimbursement and expected average expenses of this group of employees or this
employee. At the same time the employer shall determine the method of reducing the flat-rateamount for a period when the employee does not perform his work.
(2) At the request of the employee, the employer is obliged to submit to him for
consultation the documents on the basis of which the flat-rate amount was determined.
Section 183
Advance payment for travel allowances and its billing(1) The employer is obliged to provide the employee with a billable advance payment
up to the expected amount of travel allowances unless it is agreed with the employee that theadvance payment will not be provided.
(2) During a business trip abroad, the employer may, in agreement with the employee,
provide an advance payment in a foreign currency or a part thereof also by a traveller’s checkor by lending the employer’s payment card. The employer and the employee may agree on theprovision of an advance payment for meal allowance abroad in Czech currency or in a currency
for the relevant country other than that laid down in an implementing legal regulation issued
pursuant to Section 189, if the exchange rate for this currency is announced by the Czech
National Bank. When determining the amount of the meal allowance abroad in the agreed
currency, the koruna value of the meal allowance abroad is first determined, which is thenconverted into the agreed currency. The rates announced by the Czech National Bank valid on
the day the advance payment is made shall be used to determine the koruna value of the meal
allowance abroad and the amount of the meal allowance abroad in the agreed currency.
(3) If the employee and the employer do not agree on another time-limit, the employee
is obliged to submit to the employer the written documents necessary for the billing of travel
allowances and return the unbilled advance payment within 10 working days after the last dayof the business trip or another fact establishing the right to travel allowance. The amount thatthe employee is to return to the employer in Czech currency is rounded up to whole koruna.
(4) The amount by which an advance payment for the employee’s business trip abroad
exceeds his entitlement shall be refunded by the employee to the employer in the currency inwhich the advance payment was paid or in the currency for which the employee exchanged thiscurrency abroad, or in Czech currency. The amount by which an advance payment on theemployee’s business trip abroad was lower than the employees right shall be refunded by theemployer to this employee in Czech currency, unless otherwise agreed. When drawing up thebilling of the advance payment, the employer shall apply the exchange rate by which theprovided currency was exchanged abroad into another currency and the foreign exchange rates
pursuant to subsection (2).
(5) Unless the parties agree on another time-limit, within 10 working days of theemployee’s submission of receipts and other documents concerning travel expenses, theemployer shall draw up the billing of travel allowances reimbursement and satisfy theemployee’s rights. The amount to be provided to the employee by the employer shall be rounded
up to full koruna.
Section 184
Section 183 shall apply with the necessary modifications to reimbursement of travel
allowances for which no advance payment was provided; the conversion of the currencies shallbe based on the foreign exchange rates announced by the Czech National Bank and valid on thedate on which the business trip abroad commenced.
Section 185
Where it is required to prove travel allowances and the employee fails to supply
documentary evidence thereof, the employer may reimburse the expenses to the employee inthe amount as recognized by the employer, having regard to the determined conditions unlessotherwise provided for in this Act [Section 158(3)].
Section 186
The employee is obliged to notify the employer without undue delay of any change inthe facts which are decisive for the provision of travel allowance.
Section 187
For the purposes of reimbursement of travel allowances, except Section 177(2), an“employee’s family member” means the employee’s spouse, partner51a), own children,
adoptive children, children entrusted in the employee’s foster care or upbringing, own parents,
adoptive parents, guardian(s) and foster parents. Another natural person has the status of afamily member only if such person lives with the employee in one household.
Section 188
Travel allowances under international agreement or under agreement on mutual
exchange of employees with a foreign employer(1) The employee who is instructed to go on a business trip abroad and who, under the
relevant international agreement, is entitled to reimbursement of a lower amount of travel andsimilar expenses during his business trip abroad than as laid down in this Act shall be provided
by his employer with travel allowance in the amount of the difference between his entitlement
under this Part and the allowance under the international agreement.

(2) The employee who is instructed to go on a business trip abroad and who, underrelevant international agreement, is entitled to the same or higher reimbursement of travel andother expenses in comparison with this Part shall not be provided with reimbursement of travel
allowances pursuant to this Part.
(3) Reimbursement of travel expenses or reimbursement of similar expenses which areprovided to employees pursuant to an international treaty shall be deemed to be travel
allowances provided pursuant to this Part.
(4) If the employer agrees in the agreement on mutual exchange of employees that hewill provide meal allowances to a foreign employee sent to the Czech Republic, he is obliged
to provide it at least in the amount of the upper meal allowance limit specified in Section 176(1).
The employer referred to in Title III, Part Seven may provide a meal allowance to a foreign
employee up to twice the meal allowance specified in the first sentence and a pocket allowance
up to 40% of the meal allowance so agreed or determined.
Section 189
Authorizing provisions(1) Regularly, with effect from 1 January, the Ministry of Labour and Social Affairs
shall promulgate in a Decree:(a) an amendment to the standard reimbursement rate for the use of road motor vehicles laid
down in Section 157(4);(b) an amendment of meal allowances laid down in Section 163(1) and 176(1);(c) the average price of fuel, according to the data of the Czech Statistical Office on the pricesof vehicles, on the prices of food and non-alcoholic beverages in public catering and on theprices of fuels.
(2) The Ministry of Labour and Social Affairs shall amend by its Decree, entering into
effect on a date other than that pursuant to subsection (1), the standard reimbursement rate forthe use of road motor vehicles, meal allowances or average fuel prices whenever, according to
the data supplied by the Czech Statistical Office, some of the prices referred to in subsection(1) have gone up or down by at least 20% from the effective date of this Act or from the effective
date of the latest amendment included in the Decree.
(3) Meal allowance is rounded down to whole koruna up to 50 haléř and rounded up towhole koruna from and including 50 haléř. Basic reimbursement rates and average fuel prices
shall be rounded up to the next full 10 haléř.
(4) Regularly, with effect from 1 January, the Ministry of Finance shall determine by its
Decree the standard rates of meal allowances abroad in full units of the relevant foreign
currency, acting of the basis of a proposal presented by the Ministry of Foreign Affairs andprepared according to embassies' information on the prices of meals and non-alcoholic
beverages in middle-range quality public catering facilities or, as regards Asian, African and
Latin American developing countries, in the first quality public catering facilities, also making
use of the statistical data supplied by international institutions.

(5) With effect from a date other than that pursuant to subsection (4), the Ministry of
Finance shall amend the basic rates of meal allowances abroad as soon as the price referred toin subsection (4) and the exchange rate of the determined foreign currency either increase or
decrease by at least 20% since the last revision.
(6) As regards employees with whom their employer, referred to in Chapter III of Part
Seven has agreed a place of performance of work or a regular workplace outside the Czech
Republic, the Government shall lay down by its Decree the reimbursement of:(a) increased cost of living;(b) increased furnishing costs;(c) transport and accommodation expenses for certain trips to the Czech Republic and back;(d) expenses relating to the carriage of personal belongings.
TITLE VREIMBURSEMENT FOR WEAR AND TEAR OF EMPLOYEE'S OWN TOOLS,EQUIPMENT AND ITEMS REQUIRED FOR WORK PERFORMANCE
Section 190(1) If the employer agrees or determines by an internal regulation or individually set inwriting the conditions, amount and method of providing compensation for wear and tear of an
employee’s own tools, equipment or other items required for the employee’s work, it provides
this compensation under agreed, determined or set conditions.
(2) Subsection (1) shall not apply to the use of a motor vehicle, where reimbursements
are governed by Sections 157 to 160.
PART EIGHTOBSTACLES TO WORKTITLE IOBSTACLES TO WORK ON THE EMPLOYEE’S SIDE
Chapter 1
Important personal obstacles
Section 191
The employer shall excuse the absence of his employee from work during a period of
the employee’ temporary incapacity for work pursuant to special legal regulations58) during aperiod of quarantine ordered pursuant to a special legal regulation59), during a period ofmaternity or parental leave, during a period of giving treatment to a child whose age is below
10 years or another natural person as laid down in Section 39 of the Sickness Insurance Act andfor a period of nursing a child younger than 10 years for reasons laid down in Section 39 of the
Sickness Insurance Act or because a natural person who otherwise nurses a child could not takecare of this child because this person underwent a medical examination or treatment at a healthcare services provider and this could not be arranged outside the employee’s working hours.
Section 191a
The employer is obliged to excuse the absence of his employee at work during theprovision of long-term care in cases under Sections 41a to 41c of the Sickness Insurance Act,except in the case of serious operational reasons.
Compensatory wage, salary or remuneration from agreements on work performed
outside the employment relationship in the event of temporary incapacity for work
(quarantine)
Section 192(1) The employee, who has been recognized to have temporary incapacity for work or
whose quarantine has been ordered, is entitled during the first 14 calendar days of his temporary
incapacity for work or quarantine to compensatory wage or salary in the days pursuant to thesecond sentence, and in the amount pursuant to subsection (2) if at the date of the start of his
temporary incapacity for work or quarantine the employee meets the conditions of theentitlement to sickness benefits pursuant to sickness insurance statutory provisions. Within the
period laid down in the first sentence, the employee is entitled to compensatory wage or salary
for the days which are working days in respect of this employee and for a public holiday forwhich he is otherwise entitled to compensatory wage or for which his salary or wage is not
reduced provided that on these individual days he meets the conditions for the entitlement topayment of sickness benefits pursuant to sickness insurance regulations and provided that his
employment relationship continues to exist, but only until the expiry of the support period
determined for the payment of sickness benefits61). Where incapacity for work commenced ona day when the employee has already worked his shift, for the purposes of providing
compensatory wage or salary, the period of 14 calendar days of temporary incapacity for workor quarantine shall commence on the next calendar day. If during the first 14 calendar days of
temporary incapacity for work or quarantine the employee is entitled to sickness benefits62),
financial assistance in maternity63), paternal postpartum care allowance113) or long-term
treatment allowance, the employee is not entitled to compensatory wage or salary. If theemployee becomes entitled to compensatory wage or salary in accordance with the first to third
sentences during temporary incapacity for work or quarantine, he shall not at the same time beentitled to compensatory wage or salary due to another obstacle at work.
(2) Compensatory wage or salary pursuant to subsection (1) shall be due in the amountof 60% of the average earnings. For the purposes of determining compensatory wage or salary,
ascertained average earnings shall be adjusted in a similar way as in the case of adjusting thedaily assessment base for the calculation of sickness benefits under sickness insurance64);
however, for the purposes of this adjustment the relevant curtailment limit prescribed for the
purposes of sickness benefits64a) shall be multiplied by a coefficient of 0.175 and then rounded
up to the next full haléř. If the employee has also the right to his wage or salary for a part ofworking hours for a working day on which the employee became or ceased to be entitled tocompensatory wage or salary in accordance with subsection (1), the employee shall be entitled
to compensatory wage or salary only for that part of the working hours for which he has noright to his wage or salary.
(3) The amount of compensatory wage or salary agreed or determined in internal
regulations beyond that provided in subsection (2), second sentence may not exceed average
earnings [Section 356(1)].
(4)
Compensatory wage or salary determined pursuant to subsections (2) and (3)must be reduced by 50% in those cases where the entitlement to sickness benefit is reduced to
one half under sickness insurance statutory provisions (Note 65).
(5) If in the first 14 calendar days of the employee’s temporary incapacity for work theemployee has breached his obligations as laid down in subsection (6) first sentence, which arepart of the regimen prescribed to this employee as an insured person with a temporary
incapacity for work, his employer may decide to curtail the employee’s compensatory wage orsalary, or not to provide him with any compensatory wage or salary, depending on the gravityof the employee’s breach of obligations. Where the employee is given notice of termination
pursuant to Section 52(h) due to the same breach of regimen by him as an insured person withtemporary incapacity for work, it is not permitted to reduce, or not to provide, compensatory
wage or salary to this employee.
(6) Within the first 14 calendar days of the employee’s temporary incapacity for work,
his employer is entitled to check whether this employee that has been recognized to have
temporary incapacity for work complies with the regimen prescribed to this employee as aninsured person who has temporary incapacity for work with regard to the obligation laid down
in a special legal regulation66), to be present in the place of his residence and to observe the timeand scope of his permitted walks. Where the employer has ascertained the employee’s breachof the obligation laid down in the first sentence, the employer shall draw up a written record,
stating the facts which mean a breach of the regimen; a copy of this record shall be delivered
to the employee who has breached the regimen, and to the district social security administration
with territorial competence according to the place of the employee’s residence during his
temporary incapacity for work67), and also to the general practitioner of the employee who has
temporary incapacity for work. The employer is entitled to ask the general practitioner who hasordered the employee’s regimen of the insured person with temporary incapacity for work, for
information about the employee’s regimen with regard to the scope which the employer isauthorized to check, and also to assess the employee’s breaches having been ascertained by theemployer. The employee is obliged to enable the employer to check compliance with the
obligation laid down in the first sentence.
Section 193
The employee is entitled to compensatory wage or salary on the basis of documents
stipulated for claiming the entitlement to sickness benefit and must be paid on the next regular
date for the payment of wage or salary after submission of the said documents. The employer
shall specify the deadline by which the documents required for providing compensatory wage
or salary must be submitted so that the compensatory wage or salary can be provided on theregular payment date.
Section 194

An employee who works on the basis of an agreement to complete a job or on the basisof an agreement to perform work is entitled to compensatory remuneration pursuant to theagreement during the first 14 calendar days of temporary incapacity for work under theconditions laid down in Sections 192 and 193. For the purposes of providing such compensatory
remuneration to an employee who works on the basis of an agreement to complete a job or on
the basis of an agreement to perform work, the employer shall schedule the employee’s weekly
working hours into shifts.
Maternity and parental leave
Section 195
Maternity leave(1) In connection with childbirth and care for a new-born child, a female employee isentitled to 28 weeks of maternity leave; if she has given birth to two or more children at thesame time, she is entitled to 37 weeks of maternity leave.
(2) A female employee shall commence her maternity leave, as a rule, at the beginningof the sixth week before the expected childbirth but no earlier than at the beginning of the eighthweek before this day.
(3) If a female employee has taken less than six weeks of maternity leave before thechildbirth because the child was born earlier than the date determined by her doctor, she isentitled to her maternity leave as of the day when it commenced until the expiry of the period
laid down in subsection (1). However, if a female employee has had less than six weeks ofmaternity leave before the childbirth for some other reason, she shall be entitled to 22 weeks ofmaternity leave as of the childbirth, or to 31 weeks if she gives birth to two or more children at
the same time.
(4) If a child is stillborn, the female employee is entitled to maternity leave of 14 weeks.
(5) Maternity leave related to childbirth may never be shorter than 14 weeks and may
never terminate or be suspended [Section 198(2)] before expiry of six weeks from the date ofchildbirth.
Section 196
Parental leave
In order to extend the care being given to a child, the employer shall grant a female ormale employee parental leave if so applied for. The entitlement to parental leave applies to themother of a child upon termination of her maternity leave and to the father of a child from the
day when the child is born and it is granted within the scope as applied for, but no longer thanuntil the day when the child reaches the age of three years.
Section 197
Maternity and parental leave for foster parents(1) An employee who has taken a child into care replacing the care of the parents on thebasis of a decision of the competent authority or a child whose mother has died also has theright to maternity and parental leave; decision of the competent authority means a decision
which is considered to be a decision entrusting the child to care replacing the care of the parents
for the purposes of state social support68).
(2) A female employee is entitled to maternity leave pursuant to subsection (1) for 22
weeks from the day when the female employee has taken a child into foster care, and if a female
employee has taken two or more children into foster care, she shall be entitled to maternity
leave of 31 weeks, but no longer than until the day when the child reaches the age of one year.
(3) The entitlement to parental leave in accordance with subsection (1) commences on
the day when the child has been taken into foster care until the day when the child reaches theage of three years; a female employee who has been on maternity leave pursuant to subsection(2) is entitled to parental leave on termination of maternity leave. If a child has been taken into
foster care after the attainment of three years of age but before reaching the age of seven years,
the period of entitlement to parental leave is 22 weeks. If a child has been taken into foster carebefore the age of three with parental leave in the length of 22 weeks expiring after the childreaching three years of age, the entitlement to parental leave shall be 22 weeks from the date oftaking the child into foster care.
Section 198
Common provisions on maternity leave and parental leave(1) An employee is entitled to take maternity and parental leave at the same time.
(2) If a child is taken to a medical facility due to health reasons and the male employee
or the female employee commences work, the employee’s maternity or parental leave shall thus
be interrupted; the employee is entitled to the untaken part of such leave when the child isreleased from the medical facility to the care of its parents, but not longer than until the childreaches the age of three years.
(3) If an employee ceases to take care of a child, and the child is for this reason entrusted
into foster care or institutional care substituting parental care, the employee is not entitled tomaternity leave or parental leave for the period for which the employee does not take care of
the child.
(4) If a child dies during a female employee’s maternity or parental leave or during amale employee’s parental leave, the entitlement to maternity or parental leave shall be for two
weeks after the child’s death but not beyond the day when the child would have reached the ageof one year.
Other important personal obstacles to work
Section 199(1) Where an employee cannot perform his work due to important personal obstacles towork on his side other than the obstacles laid down in Section 191, the employer shall grant theemployee time off at least in the prescribed scope and, in the determined cases, also
compensatory wage or salary pursuant to subsection (2). The employee is entitled tocompensatory wage or salary in the amount of average earnings.

(2) The Government shall lay down in a Decree a range of obstacles to work pursuant
to subsection (1), the scope of time off, the cases to which the entitlement to compensatory
wage or salary applies, including any relevant co-deciding by the trade union organization about
employees’ attendance at their co-worker’s funeral, including the employees who do not workat the employer’s workplaces but who perform for the employer some work within the working
time which they schedule themselves (Section 317).
(3) Where the employer provides time off to his employee for the purpose of sending anational expert to an institution of the European Union69), to another international
intergovernmental organization, to peace or rescue operations or for the purposes ofhumanitarian assistance abroad, the employee concerned shall be entitled to compensatory
wage or salary in the amount of his average earnings. The employer shall provide such
employee with a written statement laying down the length of the relevant time off. The lengthof such time off may not exceed a period of four years.
Chapter 2
Obstacles to work due to general interest
Section 200
An employee is entitled to time off, within the necessary scope, to discharge public
office, civic duties and other acts in public interest where such activity cannot be carried out
outside the employee’s working hours. In these cases, the employee shall not be entitled tocompensatory wage or salary from his employer, unless otherwise provided in this Act, agreed,or laid down in internal regulations. This shall be the case without prejudice to other legal
regulations governing obstacles to work for reasons of public interest.
Section 201
Holding of public office(1) For the purposes of this Act, the holding of a public function means the performanceof duties arising from the office, which is:(a) defined by a term of office or a period; and(b) which is held on the basis of a direct or indirect election or to which a person is appointed
in accordance with other special legislation.
(2) The holding of a public office is, for example, the holding of the office of a memberof the Chamber of Deputies of the Parliament, a senator of the Senate of the Parliament, amember of the local self-governing unit or an associate judge.
(3) Where an employee holds a public office in addition to the duties arising from his
employment relationship, for the purposes of his holding of such office he may be granted time
off for a maximum period of 20 working days (shifts) per annum, unless another legal regulation
stipulates a different period.
Section 202
Performance of civic duty

The performance of civic duties shall especially mean the activity of witnesses,
interpreters, sworn experts and other persons called to a hearing in court or to proceedings
before an administrative authority, another State body or a body of a territorial self-governing
unit, in the case of provision of first aid, activity related to measures against an infectious
disease, provision of personal assistance relating to fire-fighting, a natural disaster or similar
extraordinary event, and also in cases when a natural person is obliged to grant personal
assistance under legal regulations.
Section 203
Other acts in general interest(1) Other acts in general interest are laid down by this Act or a special act70).
(2) An employee is entitled to time off from work for another act in general interest:(a)with compensatory wage or salary in the amount of his average earnings for the holdingof office of a member of:
1. a body of a trade union organisation pursuant to this Act;
2. the works council or the electoral commission pursuant to this Act, as well as the occupationalsafety and health representative pursuant to this Act (Sections 283 to 285);
3. a negotiating body or a European Works Council pursuant to this Act (Section 288 to 298);
4. a body of a legal person elected as an employee pursuant to a special legal regulation71);
5. the negotiating committee and a member of the employee committee in accordance with a
special legal regulation71a).
(b) for the performance of another trade union organisation activity, in particular to participate
in meetings, conferences or conventions;(c) to participate in training organized by a trade union organisation for 5 working days in acalendar year, unless this is prevented by serious operational reasons, with compensatory wage
or salary in the amount of average earnings;(d) for the activities of a donor related to blood donation and apheresis; the employee is entitled
to time off and to compensatory wage or salary in the amount of his average earnings for theperiod of his journey to the blood donation, the blood donation itself, return journey andconvalescence after the blood donation if these facts interfere with the employee’s working
hours within 24 hours as of the start of his journey for the blood donation. Where 24 hours are
not sufficient for the journey to the blood donation, the blood donation itself and return journey,
the employee shall be entitled to time off with compensatory wage or salary in the amount of
his average earnings for the further necessary period, duly documented, if it interferes with his
working hours. Where the blood donation fails to take place, the employee is entitled to time
off and compensatory wage or salary in the amount of average earnings only for the necessary
absence from work;(e) for the activities of a donor of other biological materials; the employee is entitled to time
off and to compensatory wage or salary in the amount of his average earnings for the period of
his journey to the blood donation, the blood donation itself, return journey and convalescence
after the blood donation if these facts interfere with the employee’s working hours within 48
hours as of the start of his journey for the blood donation. Depending on the nature of thedonation and the donor’s state of health, the doctor may determine that leave with compensatory
wage or salary equal to the average earnings is reduced or extended; however, in the event ofan extension, it may be for a maximum period of 96 hours from the start of the journey to the
donation. Where the blood donation fails to take place, the employee is entitled to time off andcompensatory wage or salary in the amount of average earnings only for the necessary absencefrom work;(f) for the employee’s lecturing or teaching activity, including that of an examinator; theemployee is entitled to time off for no more than 12 shifts (working days) per year unless thisis prevented by serious operational reasons on the side of the employer. Any shorter parts ofindividual shifts, when time off was granted, shall be added together;(g) to carry out activity of a member of the Mountain Rescue Service or an individual who, at
the request and instruction of the Mountain Rescue Service, assists personally in its rescue
operation in the field; time off shall be granted within the necessary scope;(h) for activity as a person in charge of a camp for children and youth, or as a deputy to such
person for economic or health care matters, or as a group leader, warden, instructor, or healthservice worker with vocational secondary education in a camp for children and youth; theemployee is entitled to time off within the necessary extent, however not exceeding three weeks
per year, provided that this is not prevented by serious operational reasons on the side of theemployer and under the condition that before release the employee was working systematicallywith children or youth for at least one year and carried out this activity without pay. The
condition of prior systematic work with children or youth without pay shall not apply if activity
is to be exercised in a camp for children and youth with disabilities. Under the conditions ofSection 203a an employee is entitled to a time off with compensatory wage or salary in theamount of average earnings for a maximum of one week in a calendar year;(i) for the activities of a mediator and arbitrator in collective bargaining to the necessary extent;(j) for the activities of a voluntary census body in the population and housing census, including
supplementary population surveys to the extent necessary, not exceeding 10 shifts (workingdays) in a calendar year, unless this is prevented by serious operational reasons on theemployer’s side;(k) for the activities of a Red Cross volunteer in providing medical supervision at a sporting orsocial event to the extent strictly necessary, unless this is prevented by serious operational
reasons on the employer’s side;(l) for activity related to the organizing of a special-interest physical educational, sporting or
cultural event and its necessary preparation within the necessary scope unless this is prevented
by serious operational reasons on the employer’s side.
Section 203aTime off from work related to events for children and youth(1) An employee is entitled to time off from work pursuant to Section 203(2)(h) withcompensatory wage or salary only if it is an event organized by a legal entity:(a) entered in a public register of legal and natural persons for at least 5 years; and(b) working with children and young people is its main activity.
The employee must prove this fact to the employer.
(2) The maximum amount of compensatory wage or salary provided is the amount of
the average wage in the national economy for the first to third quarters of the calendar year
preceding the calendar year in which the time off is provided, announced in accordance withthe act on employment.
(3) The employer is entitled to the payment of the provided compensatory wage or salaryfrom the State budget; no compensatory wage or salary above the scope stipulated by this Act
shall be reimbursed. The payment is provided upon request by the district social security
administration competent according to the registered office of the employer, if it is a legal
entity, or according to the place of permanent residence of the employer, if it is a natural person.
The employer must prove the provision of compensatory wage or salary and the fulfilment of
the conditions for its provision.
Section 204
Time off related to conscription(1) The employee is entitled to time off from work within the necessary scope if theemployee is obliged to report oneself to the competent military administrative authority inconnection his exercise of conscription.
(2) The employees shall also be granted time off by the employer to the extent necessary
for the journey to the place of draft and the period of military exercise or service in operational
deployment and for recovery if the performance of his work extends into 24 hours after the endof the military exercise or service in operational deployment.
(3) Compensatory wage or salary in the amount of the employee’s average earnings fortime off relating to conscription pursuant to subsection (1) shall be paid by the competent
military administrative authority.
Section 205
Obstacles to work due to professional training, other forms of training or studies
An employee’s participation in professional training, another form of training or studies
by which the employee is to acquire knowledge as prescribed by legal regulations for the proper
performance of the agreed type of work and which conforms to the employer’s needs, if it
overlaps with working hours shall be considered as an obstacle to work on the employee’s side,
for which the employee is entitled to compensatory wage or salary (Section 232).
TITLE IICOMMON PROVISIONS ON OBSTACLES TO WORK ON THE EMPLOYEE’S SIDE
Section 206(1) If an obstacle to work is known to the employee in advance, he must ask theemployer in time for time off. Otherwise, the employee is obliged to inform the employer ofthe obstacle and its expected duration without undue delay.
(2) The employee is obliged to prove the obstacle to work to the employer. To fulfil theobligation under the first sentence, legal and natural persons are obliged to provide thenecessary cooperation to the employee.
(3) If, pursuant to a special legal regulation, an employee is released for an obstacle towork due to general interest, the legal or natural person for whom the employee was active oron whose request he was given time off shall be obliged to pay to the employer with which theemployee was in employment relationship when given the time off, compensatory wage orsalary provided to the employee, unless he and this legal or natural person agreed to waive thepayment.
(4) Pursuant to subsection (3), compensatory wage or salary provided by the employer
giving time off pursuant to this Act (Sections 351 to 362) must be paid; no compensatory wage
or salary is paid above the scope stipulated by this Act.
TITLE IIIOBSTACLES TO WORK ON THE EMPLOYER’S SIDE
Section 207
Idle time and work interruptions due to adverse climatic conditions
Where an employee cannot do his work:(a) due to a temporary breakdown of machinery or equipment which he has not caused or due
to a problem with the supply of raw materials or power, due to missing working data or due tosome other operational causes, it is “idle time” and if the employee has not been transferred tosome other work, he is entitled to compensatory wage or salary in the minimum amount of 80 %of his average earnings;(b) due to an interruption of work caused by adverse climatic conditions or a natural disasterand if the employee has not been transferred to some other work, he is entitled to compensatory
wage or salary in the minimum amount of 60 % of his average earnings.
Other obstacles to work on the employer’s side
Section 208
Where an employee cannot perform work due to obstacles to work on the side of his
employer other than those laid down in Section 207, the employee shall be entitled tocompensatory wage or salary in the amount of average earnings; this does not apply if working
time account is applied (Sections 86 and 87).
Section 209(1) Other obstacles to work on the side of an employer other than the employer pursuant
to Section 109(3) also include a situation in which the employer is unable to assign work to an
employee within the scope of weekly working hours due to a temporary drop in sales of theemployer’s products or due to a drop in demand for its services.
(2) Where an agreement between the employer and the trade union organization
regulates the amount of compensatory wages to be provided in the instances pursuant tosubsection (1), an individual employee must be paid compensatory wage at the minimum
amount of 60 % of his average earnings; in the absence of a trade union organization, suchagreement may be substituted by internal regulations.
Section 210
The time spent on a business trip or on a journey outside the regular workplace in amanner other than by performing working tasks if such time falls within working hours isregarded an obstacle to work on the side of the employer and in this case the employee’s wage
or salary is not reduced. However, if due to the system of remuneration, the employee thus lost
his wage or salary or part thereof, the employer shall pay this employee compensatory wage orsalary in the amount of his average earnings.
PART NINE
ANNUAL LEAVETITLE I
BASIC PROVISIONS
Section 211
The employee who performs work in an employment relationship is entitled, under theconditions laid down in this Part, to annual leave or its proportional part and also to
supplementary annual leave.
TITLE IICALENDAR YEAR ANNUAL LEAVE, ITS PROPORTIONAL PART AND LENGTH OF
ANNUAL LEAVE

Section 212
Length of annual leave(1) The length of annual leave is at least 4 weeks in a calendar year.
(2) The length of annual leave for employees of employers provided in Section 109(3)is 5 weeks in a calendar year.
(3) The length of annual leave for pedagogical workers47) and academic workers ofhigher education institutions72) is 8 weeks in a calendar year.

(4) If an employee’s length of scheduled weekly working hours or reduced weekly
working hours changes during the relevant calendar year, he or she is entitled to annual leave
for this year in the proportion corresponding to the length of individual periods with different
lengths of scheduled weekly working hours or reduced weekly working hours.
(5) A Government Decree may stipulate the conditions under which annual leave on
calendar days may be granted to employees in rail transport with unevenly scheduled working
hours pursuant to Section 100(1)(c).
Section 213
Annual leave for the calendar year and its proportional part
(1) An employee who, during a continuous employment relationship with the same
employer, performed work for such an employer in the relevant calendar year for a period of
52 weeks within the scheduled weekly working hours pertaining to this period shall be entitledto annual leave equivalent to the length of the scheduled weekly working hours multiplied by
the length of the annual leave to which the employee is entitled in the calendar year concerned.
(2) If an employee has worked for reduced weekly working hours under the conditions
specified in subsection (1), he shall be entitled to annual leave corresponding to this reduced
weekly working hours.
(3) An employee who has not become entitled to annual leave for a calendar year
pursuant to subsection (1) or (2) but during the continuous employment relationship with thesame employer performed work for such an employer in the relevant calendar year for a periodof at least four weeks within the scheduled weekly working hours or reduced weekly working
hours pertaining to this period, is entitled to a proportion of the annual leave.
(4) The proportional part of the leave shall be one fiftysecond of the scheduled weekly
working hours or reduced weekly working hours multiplied by the amount of annual leave towhich the employee is entitled in the relevant calendar year for each scheduled weekly working
hours or reduced weekly working hours worked in the relevant calendar year.
(5) If an employee has worked more than fifty-two times the scheduled weekly working
hours or reduced weekly working hours in a calendar year according to the shift schedule, thelength of annual leave shall be extended by one fiftysecond of the annual leave per calendar
year for each additional scheduled weekly working hours or reduced weekly working hour
worked.
Section 214
repealed

TITLE III
SUPPLEMENTARY ANNUAL LEAVE
Section 215(1) The employee who works for the same employer for scheduled weekly working

hours throughout the calendar year underground in the extraction of minerals or in the
excavation of tunnels and galleries, and the employee who performs particularly difficult workthroughout the calendar year, shall be entitled to supplementary annual leave corresponding to
the scheduled weekly working hours and, if he has worked under these conditions for reduced
weekly working hours, shall be entitled to supplementary annual leave corresponding to the
reduced weekly working hours.
(2) If the employee works under the conditions specified in subsection (1) for only partof a calendar year, he shall be entitled to supplementary annual leave of one fiftysecond of thescheduled weekly working hours or reduced weekly working hours for each scheduled weekly
working hours or reduced weekly working hours worked in the respective calendar year; in thecase of the right to supplementary annual leave for work in tropical areas or areas otherwise
posing risk to health, subsection (4)(f) shall apply.
(3) An employee is entitled to supplementary annual leave due to the performance ofparticularly difficult work subject to specified conditions, even if he is entitled to supplementary
leave due to the performance of work underground in the extraction of minerals or in the
excavation of tunnels and galleries.
(4) For the purposes of providing supplementary annual leave, employees who performparticularly difficult work shall be considered to include those who:(a) work permanently for at least half of the scheduled weekly working hours for a health careprovider or at their workplaces where patients with a contagious form of tuberculosis aretreated;(b) are exposed to a direct risk of infection when working in workplaces with infectious
materials, if they perform this work for at least half of the scheduled weekly working hours;(c) are exposed to the adverse effects of ionizing radiation at work;(d) work in the direct treatment or care of the mentally ill or mentally handicapped for at least
half of the specified weekly working hours;(e) carry out, as special education teachers, the education of young people under difficult
conditions or work as medical workers in the medical service of the Prison Service of the Czech
Republic for at least half of the scheduled weekly working hours;(f) work continuously for at least 1 year in tropical areas or areas otherwise posing risk to health.
An employee who has completed 1 year of continuous work in tropical areas or areas otherwise
posing risk to health is entitled to supplementary leave for that year; if an employee works intropical areas or areas otherwise posing risk to health continuously for more than 1 year, heshall be entitled to one twelfth of the supplementary annual leave for each 21 days worked inthose areas;(g) work in the Prison Service of the Czech Republic for at least half of scheduled weekly
working hours in direct contact with the accused held in custody or with convicts sentenced to
imprisonment;(h) work as scuba divers in diving gear or employees carrying out caisson work in working

chambers under compressed air.
(i) work as medical workers performing activities in the provision of emergency medical
services for at least half of the scheduled weekly working hours;(j) come into direct contact with biological wastewater and waste for at least half of thescheduled weekly working hours when cleaning sewers, sludge areas, sewer waste, cesspools,
drains, sewers and connections, during pest control in sewers and when operating wastewater
treatment plants.
(5) The Ministry of Labour and Social Affairs shall determine by a decree tropical areasor areas otherwise posing risk to health.
(6) Only employees referred to in subsections (1), to (4) shall be entitled tosupplementary annual leave under the given conditions.
(7) When the length of the scheduled weekly working hours during the relevant calendar
year changes, Section 212(4) shall apply for the purposes of determining the right tosupplementary annual leave.
(8) For the purposes of supplementary annual leave, in the cases referred to in
subsections (4)(a) to (e) and (g) to (j) the periods in Section 216(2) and Section 348(1) are notconsidered the performance of work, except the taking of annual leave; the right tosupplementary annual leave in these cases arises only on the basis of the actual performance of
the work under the conditions set out in subsections (1) to (4).
TITLE IV
COMMON PROVISIONS ON ANNUAL LEAVE
Chapter 1
General provisions
Section 216(1) Continuous duration of an employment relationship is also considered to include acase where the termination of an employee’s employment contract with his employer isimmediately followed by this employee’s new employment contract with the same employer.
(2) Only up to the amount of twenty times the scheduled weekly working hours or
twenty times the reduced weekly working hours, for the purposes of annual leave theperformance of work is considered to include the time missed in the same calendar year due to:(a) temporary incapacity for work, with the exception of incapacity for work caused by anindustrial injury or an occupational disease;(b) quarantine ordered under another legal regulation59);(c) taking parental leave, with the exception of the period during which the employee takes
parental leave until the time during which a female employee is entitled to take maternity leave;

(d) other significant personal obstacles to work in accordance with Section 199, with the
exception of the obstacles set out in an implementing legal regulation pursuant to Section
199(2).
(3) For the purposes of annual leave, the performance of work is considered to include
the period of obstacles to work referred to in subsection (2) if the employee has worked at least
twelve times the scheduled weekly working hours or twelve times the reduced weekly working
hours during their calendar year outside the duration of such obstacles.
(4) If an employee has been fully released for the holding of a public office, the person
for whom the employee was so released shall be obliged to provide him or her with annual
leave; this person is also obliged to provide him with the part of the annual leave which he did
not take before being released. If the employee has not fully taken the annual leave before theend of the release, the employer giving the time off is obliged to provide it. Meeting theconditions for the creation of the right to annual leave is assessed in its totality for the period
before and after the release.
(5) Annual leave to which the right was created in the relevant calendar year shall be
rounded up to whole hours.
Chapter 2
Taking of annual leave
Section 217(1) The employer shall determine the taking of annual leave in a written leave-taking
schedule which is issued with the prior consent of the trade union organization and the works
council and which is drawn up so that, as a rule, annual leave can be taken in full and by theend of the calendar year in which the entitlement thereto was created, unless otherwise provided
in this Act. When determining the leave-taking schedule, it is necessary to take into account theoperational reasons of the employer and the legitimate interests of the employee. If theemployee is granted leave in several parts, at least one part must be of at least two weeks intotal, unless the employee and the employer agree on a different length of annual leave to betaken. The employer is obliged to notify the employee in writing of the specified period ofannual leave to be taken at least 14 days in advance unless the employee and the employer agree
on a shorter period.
(2) The employer may decide that the employee take annual leave, even if he has not
yet met the conditions for the entitlement to annual leave, if it can be assumed that the employee
will meet these conditions by the end of the calendar year or the end of the employment
relationship.
(3) The employer is obliged to reimburse the employee for the costs incurred by theemployee through no fault of his own because the employer changed the period of annual leave
to be taken by him or because the employer recalled him from the annual leave.
(4) The employer may not decide that the employee take annual leave when theemployee performs military exercise or serves in operational deployment, when he isrecognized to have temporary incapacity for work in accordance with a special legal
regulation61) or for the period during which a female employee is on maternity leave and a male
employee is on parental leave. For the period of other obstacles at work on the part of theemployee, the employer may determine the use of leave only at his request.
(5) If a female employee requests the employer to provide annual leave so that it follows
immediately after the end of maternity leave, and a male employee requests the employer toprovide annual leave so that it follows immediately after the end of parental leave until suchtime when a female employee is entitled to take maternity leave, the employer is obliged tocomply with their requests.
Section 218(1) The employer must decide when the employee is to take annual leave pursuant to
Section 211 in a way that he fully takes the annual leave in the calendar year in which theemployee’s right to the annual leave was created, unless the employer is prevented from doing
so by obstacles to work on the employee’s side or urgent operational reasons.
(2) Taking into account the legitimate interests of the employee, the part of the annual
leave for the calendar year to which the employee became entitled in the relevant calendar year
and which exceeds 4 weeks or 6 weeks for pedagogical workers and academic workers of higher
education institutions may be transferred to the following calendar year based on a written
request of the employee.
(3) If the annual leave cannot be fully taken in accordance with subsection (1) or if its
part has been transferred in accordance with subsection (2), the employer is obliged to decide
when the employee is to take the annual leave so that it is fully taken by the end of the following
calendar year at the latest, unless otherwise provided in subsection (5).
(4) If the taking of the annual leave is not decided by 30 June of the following calendar
year at the latest, the employee shall also have the right to decide when to take the annual leave.
The employee is obliged to notify the employer in writing at least 14 days in advance of thetaking of the annual leave, unless otherwise agreed with the employer.
(5) If the leave cannot be fully taken by the end of the following calendar year because
the employee has been declared to have temporary incapacity for work or due to maternity or
parental leave, the employer is obliged to decide that the annual leave be taken after the end ofthese obstacles to work.
(6) The employer may exceptionally decide, with the employee’s consent, that theannual leave to be taken is shorter than the length of the shift, but at least one half of the shift,unless this is the remaining part of the untaken annual leave which is shorter than one half ofthe shift.
Section 219(1) If, during annual leave, an employee commences military exercise or service in theoperational deployment in armed forces, if he has been declared to have temporary incapacity
for work, if he provides long-term care, if he treats or cares for a natural person in the cases
specified in Section 39 of the Sickness Insurance Act, his annual leave is suspended; annual

leave during the provision of long-term care, treatment of a natural person or childcare in thecases referred to in Section 39 of the Sickness Insurance Act, military exercise or service inoperational deployment will not be suspended if the employee requests that the taking of theannual leave continue during these obstacles to work. A female employee’s annual leave is also
suspended by the start of maternity and parental leave and a male employee’s annual leave isalso suspended by the start of parental leave.
(2) If, during the annual leave of an employee, a public holiday falls on a day which isotherwise his usual working day, it shall not be included in the annual leave; this does not apply
if the employee would otherwise be required to work the shift on a public holiday in accordancewith Section 91(4) and the taking of the annual leave on that day was decided at his request. If
an employer has decided that an employee take compensatory time off for overtime work or
work on a public holiday so that it falls within the period of annual leave, the employer must
decide that the compensatory time off be taken on another day.
Chapter 3
Collective taking of annual leave
Section 220
An employer may, in agreement with the trade union organisation and with the consent
of the works council, determine the collective taking of annual leave only if this is necessary
for operational reasons; the collective taking of annual leave may not exceed two weeks or fourweeks for artistic ensembles.
Chapter 4
Change of employment
Section 221
If an employee changes his employment during the same calendar year, the new
employer may grant him annual leave or its part to which he became entitled under the previous
employer, if so requested by the employee at the latest before the termination of employment
relationship with the previous employer and both employers agree on the amount of thepayment of compensatory wage or salary for the annual leave or its part to which the employee
did not become entitled under the employer providing the annual leave or its part.
Chapter 5Compensatory wage or salary for annual leave
Section 222(1) An employee is entitled to compensatory wage or salary in the amount of average
earnings for the period of taking annual leave.
(2) An employee is entitled to compensatory wage or salary for untaken annual leave
only in the event of termination of employment relationship.

(3) If an employee is entitled to compensatory wage or salary for untaken leave or its
part, such compensation shall be due in the amount of average earnings.
(4) An employee is obliged to return compensatory wage or salary for annual leave or
its part which has been paid to him if he is no longer entitled to it or if he did not become entitledto it.
(5) Compensatory wage or salary for untaken supplementary annual leave may not beprovided; this leave must always be fully taken, as a matter of priority.
Section 222a
An employee who has been sent to perform work as part of transnational provision ofservices91) to another Member State of the European Union is not entitled to compensatory wage
or salary for annual leave to the extent that he is entitled to compensatory wage or salary forannual leave in accordance with the legislation of the Member State to which he was sent.
Chapter 6
Reduction of annual leave
Section 223(1) An employer may reduce the annual leave only for an unexcused missed shift by the
number of unexcused missed hours; unexcused missed parts of individual shifts may be addedup.
(2) Annual leave to which an employee became entitled in the relevant calendar year
may be reduced only for the reason in subsection (1) which arose in that year.
(3) When reducing annual leave, an employee whose employment relationship with thesame employer lasted for the entire calendar year must be granted leave of at least two weeks.
PART TENCARE OF EMPLOYEESTITLE I
WORKING CONDITIONS OF EMPLOYEES
Section 224(1) Employers are obliged to create working conditions for employees that enable safe
performance of work and, in accordance with special legal regulations, to provide occupational
medical services for employees.
(2) An employer may provide the employee a bonus in particular:

(a) on the occasion of the employee’s life or work jubilee or on the employee’s first terminationof employment relationship when this employee is granted third-degree disability pension orwhen the employee becomes entitled to old-age pension;(b) for assistance in connection with fire prevention or natural disasters, or for assistance indealing with their aftermath, or for assistance in connection with other emergencies which may
be hazardous to life, health and property.
Section 225
The employer which, under a special legal regulation73), creates a cultural and social
needs fund shall co-decide with the trade union organization on the allocation of money to thisfund and withdrawal of money therefrom.
Section 226
The employer shall arrange for a safe place for the keeping of outer garments andpersonal items which employees usually bring to work.
TITLE IIPROFESSIONAL DEVELOPMENT OF EMPLOYEES
Section 227
Professional development of employees includes in particular:(a) initial training and on-the-job learning;(b) practical training of school graduates;(c) improvement of qualification;(d) upgrading of qualification.
Section 228
Initial training and on-the-job learning(1) If an employee starts his employment without any skills (qualifications), his
employer shall arrange for this employee to take induction training or on-the-job training; thistraining shall be considered as performance of work for which the employee is entitled to his
wage or salary.
(2) The employer shall arrange induction training or on-the-job training for an employee
who is transferred to a new workplace or to a new type of work due to reasons on the side ofthe employer provided that such induction training or on-the-job training is necessary.
Section 229
Practical training of school graduates

(1) Employers shall arrange for graduates of secondary schools, conservatories, tertiary
vocational schools and higher education institutions adequate practical training for theacquisition of practical experience and skills required for the performance of work; practicaltraining shall be considered as performance of work for which an employee is entitled to wage
or salary.
(2) For the purposes of subsection (1), a “graduate” means an employee starting
employment corresponding to his qualifications if the total period of his practical training after
the proper (successful) conclusion of studies (training) did not reach two years; the said twoyear period shall not include a period of maternity leave or parental leave.
Section 230
Improvement of qualification(1) “Improvement of qualification” means ongoing updating of qualification by which
the nature of an employee’s qualification does not change and which enables him to carry out
the agreed type of work; it also means maintaining and refreshing qualification.
(2) An employee is obliged to improve his qualification for the performance of theagreed type of work. The employer may require an employee to take part in a training course
or studies, or in other forms of qualification improvement, or to require an employee to takepart in such training course or studies provided by a certain legal entity or natural person.
(3) An employee’s attendance at a training course or participation in studies for the
purpose of improvement of his qualification shall be considered as performance of work forwhich the employee is entitled to his wage or salary.
(4) The employer shall bear the costs for improving qualifications of employees. Wherean employee requests to take part in improvement of his qualification of a more financiallydemanding form, he may (be asked to) settle part of the costs. This shall apply without prejudice
to subsection (3).
(5) Special legal regulations110) governing the improvement of qualification are notprejudiced by this Act.
Upgrading of qualification and qualification agreement
Section 231(1) “Upgrading of qualification” means a change in the level of qualification; it alsomeans acquisition of qualification or an extension of qualification.
(2) Upgrading of qualification includes studies, training and other forms of educationforthe purpose of attaining higher-level education provided that this conforms with the needs ofthe employer.
(3) Special legal regulations110) governing the upgrading of qualification are notprejudiced by this Act.

Section 232(1) Where greater or additional rights have not been agreed or determined, an employee
who upgrades his qualification is entitled to time off with compensatory wage or salary:(a) within the necessary scope to attend lessons, courses of instruction or training;(b) two working days to prepare for and take every examination within a study curriculum of
the relevant higher education institution or tertiary vocational school;(c) five working days to prepare for and take the final examination, school-leaving examination
or study completion examination;(d) ten working days to write and defend the final paper, bachelor’s paper, thesis, dissertation
or a paper that concludes studies within a life-long educational programme organized by ahigher education institution;(e) 40 working days to prepare for and take the State final examination, State oral examinationin the field of medicine, veterinary medicine or hygiene and State doctoral examination.
(2) An employee is entitled to time off in the necessary scope to sit for an entry
examination.
(3) As regards time off granted for taking an entry examination, retaking a certain
examination, attending a graduation or similar ceremony, an employee is not entitled tocompensatory wage or salary.
Section 233
The employer is entitled to follow the course and results of his employee’s upgradingof qualification; the employer may stop granting a certain employee relief from work if:(a) the employee has become long-term unfit to perform the type of work for which he isupgrading his qualification;(b) the employee, through no fault of the employer, has not been fulfilling without a serious
reason substantial obligations relating to the upgrading of qualification for a prolonged period.
Section 234(1) Where the employer and the employee conclude a qualification agreement inconnection with the employee’s upgrading of his qualification, the agreement shall include inparticular the employer’s commitment to enable this employee upgrading of qualification andthe employee’s commitment to remain in employment with this employer for an agreed period,
but for no longer than five years, or to reimburse the employer for the costs related to this
employee’s upgrading of qualification incurred by the employer, and this shall apply even if
the employee’s employment relationship is terminated before he completes his upgrading of
qualification. An employee’s commitment to remain in employment commences on the
upgrading of qualification.

(2) A qualification agreement may also be concluded in connection with improvementof qualification (Section 230) if the expected costs reach at least CZK 75,000; in such case therelevant employee may not be ordered to participate in improvement of his qualification.
(3) The qualification agreement must contain:(a)the type of qualification and the form of its upgrading or improvement;(b)
the period for which the employee undertakes to remain in employment with theemployer after completion of upgrading or improvement of the qualification;(c)the types of costs and the maximum amount of costs which the employee is obliged to
pay to the employer if he does not meet his commitment to remain in employment with theemployer.
(4) The qualification agreement must be concluded in writing.
(5)
Decree.

The Government may increase the amount pursuant to subsection (2) by its

Section 235(1) The period for which a certain employee is to remain in employment on the basis of
the qualification agreement shall not include a period of parental leave within the scope ofparental leave of the child’s mother (Section 196) and the absence from work due toimprisonment or custody if the final judgment on the employee’s conviction has been passed.
(2) Where an employee only partly fulfils his commitment under the qualificationagreement, the employee’s obligation to reimburse the costs for upgrading or improving his
qualification shall be proportionally reduced.
(3)

The employee’s is not obliged to pay the costs under the qualification agreement

if:(a) in the course of upgrading his qualification, the employer stopped to provide the employeewith the funding agreed in the qualification agreement because the employee, through no faultof his own, became long-term unfit for performance of the work for which he was upgrading
his qualification;(b) the employee’s employment relationship with his employer was terminated by a notice oftermination given by the employer, unless it was a notice of termination given due to breach of
the employee’s duty arising from legal regulations relating to the type of work carried out infulfilling working tasks or in direct connection therewith or if the employment was terminatedby agreement due to a reason laid down in Section 52(a) to (e);(c) under the relevant medical certificate issued by the occupational medical services provider
or by the ruling of the competent administrative authority reviewing the medical certificate, theemployee is unable to carry out the type of work for which he was upgrading his qualification,or if he lost the long-term capability to perform the existing work due to an industrial injury, an
occupational disease or due to risk of an occupational disease or if, under the ruling of thecompetent public health authority, the exposure at the employee's workplace has attained thehighest permissible level;(d) for at least six months in the preceding 12 months the employer did not make use of thequalification which the employee attained on the basis of the qualification agreement.
TITLE IIIEMPLOYEE MEALS
Section 236(1) The employer shall enable employees on all shifts to have meals; the employer does
not have this duty towards those employees who are on business trips.
(2) Where it has been agreed in the collective agreement or laid down in the internal
regulations, the employer will provide meals to employees; the collective agreement or internal
regulations may also include the conditions for the right to such meals and the amount of theemployer’s contribution to cover the costs of those meals, as well as the detailed definition of
the group of employees entitled to have such meals, organisation of providing and taking themeals, including the method of financing by the employer, unless these aspects are regulated
for a certain category of employers by a special legal regulation75). This shall apply without
prejudice to taxation regulations.
(3) Where it has been agreed in the collective agreement or laid down in the internal
regulations, meals at advantageous prices (at a discount) may be provided to:(a) former employees of the employer who worked for him until retirement or invalidity pension
for third-degree invalidity;(b) employees during the period of their leave;(c) employees during their temporary incapacity for work.
TITLE IV
SPECIAL WORKING CONDITIONS FOR CERTAIN EMPLOYEES
Chapter 1
Employment of persons with disabilities
Section 237
The duties of employers to employ persons with disabilities and to create the necessary
working conditions for these persons are laid down in special legal regulations76).
Chapter 2
Working conditions of female employees

Section 238(1) It is prohibited to employ female employees in the types of work which endanger
their maternity. The Ministry of Health, via their decree, defines the types of work andworkplaces that are forbidden for pregnant and nursing female employees and employed
mothers until the end of the ninth month after giving birth to a child.
(2) It is prohibited to employ a pregnant female employee, a lactating female employee
and a female employee who is a mother until the end of the ninth month after childbirth in those
types of work for which they are not fit according to the relevant medical certificate.
Chapter 3
Working conditions for female employees, employees-mothers, employees
taking care of a child and other natural persons
Section 239(1) If a pregnant female employee performs the type of work which pregnant female
employees are prohibited from doing or which, according to a medical certificate, puts at risk
her pregnancy, the employer shall transfer her temporarily to alternative suitable work where
she can attain the same earnings as in her previous work. If a pregnant female employee whoworks at night requests to be transferred to day work, the employer must comply with her
request.
(2) Subsection (1) shall apply by analogy to a female employee who is a mother until
the end of the ninth month after childbirth and to a lactating female employee.
(3) If, through no fault of her own, a female employee attains lower earnings doing thework to which she has been transferred than when she was doing her previous work, she shallbe provided with a compensatory allowance in accordance with a special legal regulation77).
Section 240(1) Pregnant female employees, female employees and male employees taking care ofchildren of up to the age of eight years may only be instructed to go on a business trip outside
the municipality of their workplace or home residence with their consent; the employer may
only relocate them at their own request.
(2) Subsection (1) shall also apply to a single female employee or a single male
employee taking care of a child until the child reaches the age of 15 years, and also to an
employee who proves that he or she, mostly on his own, takes long-term care of a person who,
under a special legal regulation, is considered a person being dependent on another individual’s
assistance and this dependency is classified by grade II (dependency of medium seriousness),
grade III (serious dependency) or grade IV (full dependency)77a).
Section 241(1) In assigning employees to shifts, the employer shall also take into consideration theneeds of female employees and male employees taking care of children.
(2) Where a female employee or male employee taking care of a child who is under 15
years of age, a pregnant female employee or a male employee who proves that he or she, mostly
on his own, takes long-term care of a person who, under a special legal regulation, is considereda person dependent on another natural person’s assistance and such dependency is classified bygrade II (medium dependency), grade III (high dependency) or grade IV (full dependency)77a),requests reduced working hours or requests some other suitable adjustment to his scheduled
weekly working hours, the employer is obliged to comply with such request unless this isprevented by serious operational reasons.
(3) It is prohibited to employ pregnant female employees on overtime work. Female
employees and male employees taking care of a child who is younger than one year may not beordered by their employer to work overtime.
Chapter 4
Breastfeeding breaks
Section 242(1) In addition to usual work breaks, the employer shall grant a lactating female
employee special breaks for breastfeeding.
(2) A female employee who works scheduled weekly working hours is entitled to two
half-hour breaks per shift for each child until the child reaches the age of one year, and to one
half-hour break per shift in the subsequent three months. If a female employee works reduced
working hours (but at least half of standard weekly working hours), she is entitled to one halfhour break for each child until the child reaches the age of one year.
(3) Breastfeeding breaks count towards working hours with the entitlement tocompensatory wage or salary in the amount of average earnings.
Chapter 5
Working conditions of adolescent employees
Section 243
Employers must create favourable conditions for the general development of physicaland mental (intellectual) abilities of adolescent employees also by a special adjustment of theirworking conditions.
Section 244
Employers may only employ adolescent employees in work that is appropriate to their
physical and mental development and provide them with increased care at work.
Section 245

(1) It is prohibited to employ juvenile employees in overtime and night work.
Exceptionally, juvenile employees over 16 years of age may perform night work not exceeding
1 hour, if necessary, for their professional education under the supervision of an employee older
than 18 years, if such supervision is necessary to protect the juvenile employee. Night work ofan adolescent employee must immediately follow his daytime work according to the scheduleof working shifts.
(2) Where it is prohibited to assign an adolescent employee to the type of work for which
the employee has vocational education because the performance of such work by adolescentemployees is prohibited or because under the relevant medical certificate issued by theoccupational medical services provider such work is hazardous to the adolescent employee’s
health, the employer shall assign this employee to alternative suitable work, if possible
corresponding to his qualification, until such time as the employee can perform the type ofwork.
Section 246(1) It is prohibited to employ adolescent employees underground in the extraction ofminerals or drilling tunnels or galleries.
(2) It is prohibited to employ adolescent employees in those types of work which are
inadequate, hazardous or harmful to their health with a view to anatomical, physiological andmental attributes of persons of this age. The Ministry of Health, in agreement with the Ministryof Industry and Trade and the Ministry of Education, Youth and Sports, shall lay down in a
Decree those types of work and workplaces which are prohibited to adolescent employees andthe conditions under which adolescent employees may exceptionally perform such types ofwork for the purposes of their vocational training.
(3) It is prohibited to employ adolescent employees on those types of work which expose
them to an increased risk of injury or on the performance of which they could seriously put at
risk the safety and health of fellow employees or other natural persons.
(4) The prohibition of carrying out certain types of work may also be extended by a
Decree pursuant to subsection (2) to employees of up to 21 years of age.
(5) The employer shall keep a list of adolescent employees employed by him; the list
shall include the full name, date of birth and the type of work performed by each adolescentemployee.
Section 247(1) The employer shall ensure that, at his cost, adolescent employees are examined bya medical doctor of the occupational medical services provider:a) before commencement of their employment relationship and before their transfer to otherwork;b) regularly as necessary, however, at least once a year.
(2) Adolescent employees are obliged to undergo the prescribed medical examinations.

(3) In assigning working tasks to adolescent employees, the employer shall follow therelevant medical certificate issued by the occupational medical services provider.
PART ELEVENCOMPENSATION FOR PROPERTY AND NON-PECUNIARY HARM
TITLE IPREVENTION
Section 248(1) The employer shall create such working conditions for employees so that they can
duly perform their working tasks without risk to health and property; where the employer
ascertains defects, he shall take remedial measures for their removal.
(2) For the purpose of property protection, the employer is entitled to carry out checks,
within the necessary scope, on things which employees bring to and take away from thepremises, or body search of employees. In carrying out a check or body search pursuant to thefirst sentence, the protection of personal rights must be observed. A body search may only be
carried out by a natural person of the same sex.
Section 249(1) An employee shall act in such a way as to prevent harm to property (hereinafter the“damage”), non-pecuniary harm and unjust enrichment. Where there is a risk of damage or nonpecuniary harm, he shall bring it to the attention of a superior managerial employee.
(2) If an intervention is urgently needed to avert damage for the employer, the employee
is obliged to intervene; he does not have to do so if an important circumstance prevents himfrom doing so or if he would expose himself or another natural person to serious danger.
(3) If an employee finds out that he does not have the necessary working conditions, heis obliged to report this fact to the superior employee.
TITLE IIEMPLOYEE OBLIGATION TO PROVIDE COMPENSATION FOR DAMAGE
Chapter 1
General obligation to provide compensation for damage
Section 250(1) An employee is obliged to compensate the employer for the damage he caused tothe employer by the culpable breach of obligations in the performance of work tasks or in directconnection therewith.

(2) Where damage is also caused by breach of obligations on the side of the employer,
the obligation of the employee shall be proportionally reduced.
(3) The employer is obliged to prove the fault of the employee, except in the cases
specified in Section 252 and 255.
Chapter 2
Failure to comply with the obligation to avert damage
Section 251(1) An employee who does not knowingly notify the superior managerial employee ofa threat of damage to the employer or did not intervene against the threat of damage, even if
this would have prevented the immediate occurrence of damage, may be requested by theemployer to contribute to the compensation of damage caused to the employer to the extent
proportionate to the circumstances of the case, unless it can be compensated otherwise.
(2) The employee shall not be liable for damage caused by him when he averted either
the threat of damage to the employer’s property or some direct risk to life or health provided
that he did not cause this situation intentionally and provided that in doing so he acted in a way
adequate to the circumstances.
Chapter 3
Deficit in entrusted values which the employee is obliged to account for, and loss of
entrusted items
Division 1
Deficit in entrusted values which the employee is obliged to account for
Section 252(1) If a liability agreement has been concluded with an employee to protect the values
entrusted to the employee for accounting (hereinafter the “entrusted values liability
agreement”), which are considered to include cash, securities, goods, material stocks or othervalues that are subject to turnover or circulation of which the employee may personally dispose
for the entire period entrusted to him, he is obliged to compensate the employer for the deficit
in these values.
(2) The entrusted values liability agreement may be concluded no earlier than on the
day when the natural person reaches the age of 18.
(3) If the employee’s legal capacity has been limited, a representative may not enter into
an entrusted values liability agreement on his behalf.
(4) The entrusted values liability agreement must be concluded in writing.

(5) An employee shall be released from the obligation to compensate the deficit in whole
or in part if he proves that the deficit arose in whole or in part through no fault of his, inparticular that he was prevented from disposing of the entrusted values by the employer
neglecting his obligation.
Section 253(1) An employee who has concluded an entrusted values liability agreement may
withdraw from it if he performs alternative work, if he is transferred to alternative work or toanother workplace, if he is relocated, or if the employer, within 15 calendar days of receiving
his written notice, has not removed defects in working conditions that prevent the proper
management of the entrusted values. If the values are entrusted to several employees foraccounting together, the employee may also withdraw from the entrusted values liability
agreement if another employee is assigned to the workplace or another manager or his deputy
is appointed. Withdrawal from the liability agreement under the first sentence must be inwriting.
(2) The obligation under the entrusted values liability agreement ceases to exist on the
day of termination of employment relationship or on the day when the withdrawal from thisagreement was delivered to the employer unless a later date is specified in the notice of
withdrawal from this agreement.
Section 254(1) The employer shall carry out stocktaking upon the conclusion of an entrusted values
liability agreement, on its extinction, on the performance of some other work, on the transfer ofthis employee to some alternative work or to another workplace, or on his relocation or on
termination of employment relationship.
(2) At workplaces with employees jointly obliged to account for entrusted values, theemployer is obliged to carry out stocktaking when concluding entrusted values liability
agreements with all jointly obliged employees, upon the extinction of obligations from all these
agreements, when performing other work, on the transfer to another job or another workplaceor relocation of all jointly obliged employees, in the event of a change in the post of managerial
employee or his deputy and at the request of any of the jointly obliged employees in the eventof a change in their team, or in the event of any of them withdrawing from the entrusted values
liability agreement.
(3) If an employee pursuant to subsection (2) whose employment relationship has ended
or who performs another job, or who has been transferred to another job or who has beentransferred to another workplace or relocated does not request stocktaking, he is obliged tocompensate the shortfall found by the next stocktaking at his former workplace. If an employee
who is assigned to a workplace with employees jointly obliged to account for entrusted values
does not request stocktaking, he is obliged, if he has not withdrawn from the entrusted liability
agreement, to compensate the deficit found by the nearest stocktaking.
Division 2
Loss of entrusted items

Section 255(1) The employee is obliged to compensate the damage caused by the loss of tools,
protective equipment and other similar items entrusted to him by the employer against a written
confirmation.
(2) An item pursuant to subsection (1) the price of which exceeds CZK 50,000 may be
entrusted to an employee only on the basis of an agreement on liability for the loss of entrusted
items.
(3) The agreement on liability for the loss of entrusted items may be concluded no earlier
than on the day when the natural person reaches the age of 18.
(4) If the employee’s legal capacity has been limited, a representative may not enter into
an agreement on liability for the loss of entrusted items on his behalf.
(5) The agreement on liability for the loss of entrusted items must be concluded inwriting.
(6) An employee shall be released from the obligation to compensate the loss in whole
or in part if he proves that the loss arose in whole or in part through no fault of his own.
(7)
Decree.

The Government may increase the amount pursuant to subsection (2) by its

Section 256(1) An employee who has concluded an agreement on liability for the loss of entrusted
items may withdraw from it if the employer has not created the conditions to ensure theprotection of the entrusted items against their loss. Withdrawal from the liability agreement
under the first sentence must be in writing.
(2) The obligation under the agreement on liability for the loss of entrusted items ceases
to exist on the day of termination of employment or on the day when the withdrawal from thisagreement was delivered to the employer unless a later date is specified in the notice of
withdrawal from this agreement.
Chapter 4
Extent and method of compensation for damage
Section 257(1) An employee who is obliged to provide compensation for damage pursuant to
Section 250 is obliged to compensate the employer for the actual damage, in cash, unless hecompensates for the damage by restoring the original state.
(2) The amount of required compensation for damage caused by negligence may notexceed for an individual employee an amount equal to four and a half times his average monthly
earnings before the breach of duty by which he caused the damage. This restriction does notapply if the damage was caused intentionally, when drunk, or after the abuse of other addictive
substances.
(3) In the case of damage caused intentionally, the employer may demand, in addition
to the amount specified in subsection (2), compensation for lost profits.
(4) If the employer also caused the damage, the employee is obliged to compensate only
a part of the damage proportionate to the degree of his fault.
(5) If several employees are jointly obliged to compensate for damage, each of them isobliged to compensate a part of the damage proportional to the degree of his fault.
Section 258
In determining the amount of compensation for damage in accordance with Section 251,
particular account shall be taken of the circumstances which prevented the obligation frombeing fulfilled and of the significance of the damage to the employer. However, the amount ofcompensation for damage may not exceed an amount equal to three times the average monthly
earnings of the employee.
Section 259
An employee who is obliged to compensate for damage caused by a deficit in theentrusted values or caused by the loss of entrusted items is obliged to compensate this damage
in full.
Section 260(1) If several employees are jointly obliged to compensate for the deficit, the share ofcompensation shall be determined for individual employees according to the ratio of their grossearnings, the earnings of their manager and his deputy shall be counted as double.
(2) The share of compensation determined in accordance with subsection (1) may notexceed for individual employees, with the exception of the manager and his deputy, an amountequal to their average monthly earnings before the damage occurred. If the shares so determined
do not cover the entire deficit, the manager and his deputy are obliged to pay the rest according
to the ratio of their gross earnings.
(3) If it is found that the deficit or a part thereof was caused by one of the jointly obliged
employees, the employee is obliged to compensate the deficit according to the degree of his
fault. The remaining part of the deficit shall be replaced by all jointly committed employees byshares determined in accordance with subsections (1) and (2).
(4) Determining the share of individual jointly obliged employees is based on their grossearnings settled for the period from the previous stocktaking to the date of the deficit. Earnings
for the entire calendar month in which this stocktaking was made are taken into account, andearnings for the calendar month in which the deficit was identified are not taken into account.
However, if an employee has been assigned to the workplace during that period, his grossearnings shall be taken into account from the date on which he was assigned to the workplace
to the date on which the deficit is established. Compensatory wage or salary is not included ingross earnings.
Chapter 5
Common provisions on employee liability to compensate for damage
Section 261(1) An employee who suffers from a mental disorder is obliged to compensate for thedamage caused by him if he is able to control his actions and assess its consequences.
(2) An employee who, through his own fault, is brought into such a condition that he isunable to control his actions or assess its consequences, is obliged to compensate the damage
caused when in this condition.
(3) An employee who caused it by intentional actions against good morals is also
obliged to compensate the damage.
Section 262
The amount of compensation for damage required is determined by the employer; if thedamage was caused by a managerial employee who is a governing body, or his representative,
alone or together with a subordinate employee, the amount of compensation shall be determinedby the person who appointed the governing body or his representative.
Section 263(1) The employer is obliged to discuss the amount of compensation for damage requiredwith the employee and notify him in writing, as a rule no later than 1 month from the day when
it was found that the damage occurred and that the employee is obliged to compensate it.
(2) If the employee has concluded an agreement with the employer on the method ofcompensation for damage, it shall include the amount of the compensation required by theemployer if the employee has acknowledged his obligation to compensate the damage. The
agreement referred to in the first sentence must be concluded in writing.
(3) The employer is obliged to discuss with the trade union organisation the amount of
the required compensation for damage and the content of the agreement on the method of its
compensation, with the exception of compensation not exceeding CZK 1,000.
Section 264
The court may reduce the amount of compensation for damage accordingly for reasons
deserving special consideration.
TITLE IIIEMPLOYER OBLIGATION TO PROVIDE COMPENSATION FOR DAMAGE
Chapter 1

General obligation to provide compensation for damage
Section 265(1) The employer is obliged to compensate the employee for the damage caused to him
during the performance of work tasks or in direct connection with the breach of legal obligations
or wilful conduct against good morals.
(2) The employer is also obliged to compensate the employee for the damage caused tohim by the breach of legal obligations within the performance of the employer’s work tasks by
the employees acting on his behalf.
(3) The employer is not obliged to compensate the employee for damage to a means oftransport he used in the performance of work tasks or in direct connection with it without his
consent, nor for damage to tools, equipment and items needed by the employee to perform work
which he used without the employer’s consent.
Chapter 2
Averting damage
Section 266(1) The employer is obliged to compensate the employee for material damage sufferedby the employee in averting damage to the employer or danger to life or health if the damage
was not caused by intentional actions of the employee and the employee acted in a mannerreasonable given the circumstances. The first sentence also applies to purposefully incurredcosts.
(2) The right to compensation for damage pursuant to subsection (1) shall also pertain
to an employee who averted danger to life or health where the employer would have been
obliged to provide compensation for damage.
Chapter 3
Damage to employee’s items
Section 267(1) The employer is obliged to compensate the employee for damage to items that areusually brought to work and which the employee has put aside during the performance of worktasks or in direct connection therewith at a designated or usual place.
(2) The right to compensation for damage shall become time-barred if the employee
does not report it to the employer without undue delay, but no later than within 15 days fromthe day on which he became aware of the damage.
Chapter 4

Extent and method of compensation for damage
Section 268(1) The employer is obliged to compensate the employee for the actual damage. In thecase of damage caused intentionally, the employee may also claim compensation for lost
profits.
(2) The employer is obliged to compensate the employee for damage to items which theemployee does not usually carry to work and which the employer has not taken into special
safekeeping up to the amount of CZK 10,000. If it is found that the damage to these items wascaused by another employee or if the damage occurred to items that the employer took into
special safekeeping, the employer is obliged to compensate the employee for the damage infull.
(3) The right to compensation for damage pursuant to subsection (2) shall become timebarred if the employee does not report it to the employer without undue delay, but no later than
within 15 days from the day on which he became aware of the damage.
(4) The Government may increase the amount pursuant to subsection (2) by its Decree.
Chapter 5
Accidents at work and occupational diseases
Division 1
Extent of compensation for damage and non-pecuniary harm and release from liability
to provide compensation
Section 269(1) The employer is obliged to compensate the employee for damage or non-pecuniary
harm caused by an industrial injury if the damage or non-pecuniary harm occurred during theperformance of work tasks or in direct connection with it.
(2) The employer is obliged to compensate the employee for damage or non-pecuniary
harm caused by an occupational disease if the employee last worked with the employer before
its discovery under the conditions under which the occupational disease with which he wasaffected arises.
(3) A disease shall be compensated as an occupational disease even if it was includedin the list of occupational diseases from its inclusion in the list and for a maximum period of
three years before its inclusion in the list.
(4) The employer is obliged to compensate for damage or non-pecuniary harm even if
it has complied with the obligations arising from legal and other regulations to ensure safety
and health at work if the obligation to compensate for damage or non-property damage is not
fully or partially released.

(5) A possible loss of pension is not damage under this Act.
Section 270(1) The employer shall be released from the obligation to compensate for damage or
non-pecuniary harm in full if he proves that:(a) because the affected employee, through his fault, breached legal or other regulations or
guidelines to ensure occupational safety and health, even though he was duly acquainted withthem and their knowledge and compliance were constantly required and checked; or(b) due to the intoxication of the affected employee or due to his abuse of other addictive
substances and the employer could not prevent the damage or non-pecuniary harm;and that these facts were the sole cause of the damage or non-pecuniary harm.
(2) The employer shall be released from the obligation to compensate for damage or
non-pecuniary harm in part if he proves that:(a) as a result of the facts referred to in subsection 1(a) and (b) and that those facts were one of
the causes of the damage or non-material damage; or(b) because the employee acted contrary to normal conduct in such a way that it is clear that,
although he did not infringe legal or other regulations or guidelines to ensure occupationalsafety and health, he acted recklessly even though he had to be aware given his qualifications
and experience that it may cause injury. Ordinary carelessness and actions resulting from work
risk cannot be considered reckless.
(3) If the employer is released from the obligation to compensate for damage or nonpecuniary harm in part, he is obliged to determine the part borne by the employee, dependingon the degree of his fault; in the case referred to in subsection (2)(b), however, the employer isobliged to pay at least one third of the damage or non-pecuniary harm.
(4) In assessing whether an employee has violated legal or other regulations or
guidelines to ensure occupational safety and health, the employer may not invoke the generalprovisions according to which everyone should act in such a way as not to endanger his own
health and the health of others.
Section 271
The employer cannot be released from the obligation to compensate for damage or nonpecuniary harm in whole or in part if the employee has suffered an industrial injury to avert thethreat to the employer or a direct danger to life or health unless the employee intentionallycaused this.
Division 2
Types of compensations
Section 271a

Compensation for loss of earnings during incapacity for work
(1) An employee is entitled to compensation for loss of earnings during the period ofincapacity for work in the amount of the difference between the average earnings before thedamage caused by an industrial injury or an occupational disease and the full amount ofcompensatory wage or salary pursuant to Section 192 or remuneration from the agreement
pursuant to Section 194 and the full amount of sickness benefit.
(2) An employee shall be entitled to compensation for loss of earnings pursuant tosubsection (1) even in the event of his further incapacity for work due to the same industrial
injury or occupational disease. The average earnings before the damage was incurred pursuant
to the first sentence is the average earnings of the employee before this other damage wasincurred. If, prior to this other damage, the employee was entitled to compensation for loss ofearnings after the end of incapacity for work, compensation for the loss of earnings undersubsection (1) shall be granted to the employee up to the amount up to which he would beentitled to compensation for loss of earnings after the end of incapacity for work when he wasunable to work. Earnings after industrial injury or after detecting occupational disease shall bedeemed to be compensatory wage or salary in accordance with Section 192 or remunerationfrom agreement in accordance with Section 194 and sick leave.
Section 271b
Compensation for loss of earnings after the end of incapacity for work
(1) An employee is entitled to compensation for loss of earnings after the end ofincapacity for work or recognition of invalidity in the amount of the difference between average
earnings before the damage and earnings achieved after the industrial injury or occupational
disease, plus any invalidity pension received for the same reason. The reduction of the invalidity
pension due to concurrence with another pension under the pension insurance legislation, as
well as the earnings of the employee which he achieved through increased work effort, are nottaken into account.
(2) An employee is entitled to compensation for loss of earnings pursuant to subsection(1) even in the event of incapacity for work for a reason other than the original industrial injury
or occupational disease; earnings after an industrial injury or occupational disease areconsidered to be earnings from which the amount of sickness benefit is determined.
(3) An employee is also entitled to compensation for loss of earnings after the end ofincapacity for work or in the case of recognition of invalidity pursuant to subsection (1) if theemployee is kept in the register of job seekers; earnings after an industrial injury or occupational
disease are considered to be earnings in the amount of the minimum wage valid on the day offirst inclusion in the register of job seekers. If, before becoming a jobseeker, an employee
receives compensation for loss of earnings after the end of incapacity for work, he shall beentitled to such compensation for the period of inclusion in the register of jobseekers in theamount in which he became entitled to it for the duration of his employment relationship or
legal relationships established by agreements on work outside the employment relationship.
After the end of the inclusion in the register of job seekers, the calculation of compensation forloss of earnings after the end of incapacity for work or recognition of invalidity shall, for all the
injured, be governed by subsection (1).

(4) If an employee, through his own fault, receives lower earnings than other employees
performing the same work or work of the same kind for the employer, the average earnings
received by these other employees shall be considered as earnings after an industrial injury or
recognition of occupational disease.
(5) An employee who refuses to take up work provided by his employer without goodreason shall be entitled to compensation for loss of earnings pursuant to subsection (1) only inthe amount of the difference between the average earnings before the damage and the average
earnings he could have received for the work provided to him. The employer will not pay
damage to the employee up to the amount the employee omitted to earn without serious reasons.
(6) An employee is entitled to compensation for loss of earnings after the end of
temporary incapacity for work no later than until the end of the calendar month in which hereached the age of 65 or until the date of awarding old-age pension from the pension insurance.
Section 271c
Compensation for pain and reduced employability(1) Compensation for pain and reduced employability shall be provided to employees
on a one-off basis, at least in the amount according to the legal regulation issued for the
implementation of subsection (2).
(2) The Government shall determine by a Decree the amount of compensation for pain
and reduced employability corresponding to the harm incurred, the method of determining theamount of compensation in individual cases and procedures for issuing a medical report,
including its elements in relation to the activity being assessed.
Section 271d
Purposefully incurred costs related to medical treatment
Purposefully incurred costs related to medical treatment shall be compensated to theperson having incurred such costs.
Section 271eCompensation for material damage
An employer is obliged to provide compensation for material damage to an employee
who has suffered an industrial injury or who has been found to have an occupational disease;
Section 265(3) also applies here.
Section 271f
One-off compensation for non-pecuniary harm in the event of a particularly serious
injury to an employee
In the event of a particularly serious injury to an employee, his ;spouse, partner51a), childand parents are entitled to a one-off compensation for non-pecuniary harm. This compensation
shall also be provided to other persons in a family or similar relationship who feel theemployee’s harm as their own harm.

Division 3
Types of compensation in the event of an employee’s death
Section 271g
Reimbursement of purposefully incurred costs connected with medical treatment andfuneral(1) The person who has purposefully incurred costs associated with the treatment andreasonable costs associated with the funeral shall be entitled to reimbursement of these costs.
The reasonable funeral costs shall be reduced by the funeral allowance provided under a special
legal regulation.
(2) Reimbursement of reasonable funeral costs includes expenses for the establishmentof a monument or ledger up to at least one and a half times the average wage in the national
economy determined for the first to third quarters of the calendar year preceding the calendar
year in which the entitlement to reimbursement occurs; the amount of this reimbursement shallbe rounded up to the nearest hundred koruna. The reimbursement of reasonable funeral costs
also includes costs charged for the funeral, cemetery fees, costs for the preparation of themonument or ledger, travel expenses and one third of the usual expenses for mourning clothes
for close persons.
(3) The amount of the average wage determined in accordance with subsection (2) shallbe announced by the Ministry of Labour and Social Affairs on the basis of data from the Czech
Statistical Office by a notice published in the Collection of Laws.
Section 271h
Reimbursement of the costs of survivors’ maintenance(1) The reimbursement of the costs of maintenance of the survivors is due to thesurvivors to whom the deceased employee provided or was obliged to provide maintenance,
until the time until which he would have this obligation, but no later than until the end of thecalendar month in which the deceased employee would have reached 65 years of age.
(2) The reimbursement of the cost pursuant to subsection (1) is due to the survivors in
the amount of 50% of the deceased employee’s average earnings, as determined before his
death, if he maintained, or was under the duty to maintain, one person, or 80% of his average
earnings if he maintained, or was under the duty to maintain, two or more persons. The benefit
granted to the survivors due to the death of the employee is deducted from the amounts
appertaining to the individual survivors. The earnings of the survivors is disregarded.
(3) The reimbursement of the costs of the survivors’ maintenance shall be based on the
deceased employee’s average earnings; the reimbursement of the cost of all the survivors’
maintenance may not, in total, exceed the amount which the deceased employee would havebeen granted as compensation for a loss of earnings pursuant to Section 271b(1), and may not
be provided longer than the compensation would have been paid to the deceased employee
pursuant to Section 271b(6).
Section 271i

One-off compensation for non-pecuniary harm to survivors(1) One-off compensation for non-pecuniary harm to the survivors is due to:(a) the spouse or partner51a) of the deceased employee;(b) the child of the deceased employee; and(c) the parents of the deceased employee.
(2) One-off compensation for non-pecuniary harm is due to each survivor pursuant tosubsection (1) at least in the amount of twenty times the average wage in the national economy
determined for the first to third quarters of the calendar year preceding the calendar year inwhich the right to such compensation occurred; if the compensation is paid to both parents,
each of them shall receive half of this amount. The amount of the one-off compensation for
non-pecuniary harm to the survivors is rounded up to the nearest hundred koruna.
(3) One-off compensation for non-pecuniary harm is also due to other persons in a
family or similar relationship who feel the employee’s harm as their own.
(4) The amount of the average wage determined in accordance with subsection (2) shallbe announced by the Ministry of Labour and Social Affairs on the basis of data from the Czech
Statistical Office by a notice published in the Collection of Laws.
Section 271j
Compensation for material damage
Compensation for material damage is due to the employee’s heirs; Section 265(3) also
applies here.
Division 4
Common and special provisions on industrial injuries and occupational diseases
Section 271k
(1) For the purposes of this Act an industrial injury is damage to the health or death ofan employee if they occurred independently of his will by short-term, sudden and violent
external action in the performance of work tasks or in direct connection therewith (Sections 273
and 274).
(2) An injury suffered by an employee for the performance of work tasks is also
considered an industrial injury.
(3) An industrial injury is not an accident that occurred to an employee on the way toand from work.
(4) Occupational diseases are diseases specified in a special legal regulation.
Section 271l

Compensation for loss of earnings during incapacity for work and compensation for lossof earnings after the end of incapacity for work for the same reason are separate rights which
are not due simultaneously.
Section 271m
(1) In determining the average earnings for the purposes of compensation for industrial
injuries or occupational diseases, the decisive period is the previous calendar year if thisdecisive period is more favourable for employees.
(2) The employer is obliged to pay reimbursement of loss of earnings and compensation
for survivors’ maintenance regularly once a month unless another method of payment has been
agreed.
Section 271n(1) In the case of compensation for damage or non-pecuniary harm in the event of an
occupational disease, the employer who provided the compensation for the damage or nonpecuniary harm has the right to compensation against all employers where the affected
employee worked under the conditions under which the occupational disease afflicting him
occurred, to the extent corresponding to the period he worked for those employers under thoseconditions.
(2) In the case of damage or non-pecuniary harm to health other than due to an industrial
injury or occupational disease, the provisions on industrial accidents shall apply to the mannerand extent of its compensation.
Section 271o
In the case of an employee who, at the time of the industrial injury or the finding of an
occupational disease, is in several employment relationships or who is working under anagreement on work outside an employment relationship, the amount of compensation for lossof earnings is determined on the basis of average earnings in all these basic labour-law
relationships the period they could last.
Section 271p
(1) An employee who suffers an industrial injury or who has been diagnosed with an
occupational disease in a fixed-term employment relationship or in the course of work on thebasis of an agreement on work outside an employment relationship is entitled to compensation
for loss of earnings only until the time when this basic labour-law relationship was to end. Afterthat period, the compensation for a loss of income may be claimed if it can be assumed,
according to circumstances, that the affected employee would have continued to be employed.
This is without prejudice to the other rights arising from the duty to compensate damage or nonmaterial damage caused by an accident at work or an occupational disease.
(2) If a recipient of a retirement pension or a third-degree invalidity pension suffers anindustrial injury or has been diagnosed with an occupational disease, he shall be entitled tocompensation for loss of earnings for the period during which he did not cease to be employedfor reasons unrelated to the industrial injury or occupational disease; if he does not work forreasons related to the industrial injury or occupational disease, he shall be entitled tocompensation for loss of earnings for the period during which he could have worked given his
state of health before the industrial injury or occupational disease. Section 271b(6) also applies
here.
Section 271q
Rights arising from Section 271g to 271j do not depend on whether the employee
exercised the right to compensation of damage or non-pecuniary harm within the prescribedtime limit before his death.
Section 271r
The employer is obliged to discuss the method and amount of compensation for damage
or non-pecuniary harm with the trade union organisation and the employee without undue delay.
Section 271s
(1) The court may determine that the amount of compensation provided by a legal
regulation (Sections 271c and 271i) be adequately increased.
(2) When determining the amount of non-pecuniary harm to the survivors in accordancewith Section 271i, the court shall take into account the granted amount of one-off compensation
for non-pecuniary harm in the event of particularly serious harm to health of an employee
pursuant to Section 271f.
Section 271t
The employee’s rights to reimbursement for loss of earnings due to an industrial injury
or occupational disease or damage or non-pecuniary harm to health other than due to anindustrial injury or occupational disease and the rights to reimbursement of survivors'
maintenance shall not be time-barred. However, the rights to individual performances arising
therefrom may be time-barred.
Section 271u
(1) If the circumstances of the injured party, which were decisive for determining theamount of compensation, change significantly, the injured party and the employer may seekchanges in the regulation of their rights or obligations.
(2) In view of changes in the wage levels and living costs, a Government Decree shallregulate the conditions, amount and method of compensation for loss of earnings due toemployees after the end of incapacity for work caused by an industrial injury or occupational
disease, usually with effect from the beginning of the calendar year; this also applies to thereimbursement for survivors' maintenance.
TITLE IV
COMMON PROVISIONSSection 272
The amount of damage to an item is determined on the basis of its usual price at the timeof the damage or loss and account is taken of what the injured party must expediently spend torestore or replace the function of the item.
Section 273(1) The performance of work tasks means the performance of work duties arising froman employment relationship and from legal relations established by agreements on work
performed outside an employment relationship, other activities performed at the instruction of
the employer and activities that are the subject of a business trip.
(2) The performance of work tasks also includes activities performed for employers at
the initiative of trade union organizations, employees’ councils, or representatives foroccupational safety and health or a member of the European Works Council, a member of thenegotiating committee or other employees, or activities performed for employers on their own
initiatives, unless the employee needs a special authorization or exercises it against theemployer’s explicit prohibition, as well as voluntary assistance organized by the employer.
Section 274(1) The following acts shall be considered to be in direct connection with performanceof work tasks: acts required for performance of work, acts customary in the course of work,
acts necessary before the start of work or after its termination, acts which are common during
breaks for meals and rest and take place at the employer’s site, and also medical check-ups at ahealth care services provider if these check-ups are carried out at the employer’s instruction orin connection with night work, first aid medical treatment and the journey to and from therelevant health care services provider. However, a journey to and from work, taking meals,
check-ups and medical treatment at a health care services provider and journeys there and back(unless these are within the employer’s site) shall not be regarded as acts which are in directconnection with performance of work tasks.
(2) Training of employees organized by their employer or trade union organization, orby their employer’s superior body, aimed at improving the employees’ professional skills shallalso be considered as activity being in direct connection with performance of work tasks.
Section 274a
(1) The journey to and from work means the journey from the employee’s place ofresidence (accommodation) to the place of entry into the employer’s premises or to anotherplace intended for the performance of work tasks and back; for employees in forestry,
agriculture and construction, this shall also mean the journey to the designated assembly point
and back.
(2) The journey from the municipality of residence of the employee to the workplace orplace of accommodation in another municipality which is the destination of the business trip,
unless it is also the municipality of his regular workplace, and back, is considered an act
necessary before the start of work or after its termination.

Section 275(1) The employer is obliged to compensate the employee for damage or non-pecuniary
harm in cash unless he makes up for the damage by restoring the original state.
(2) If the employer proves that the damage was also caused by the affected employee,
his obligation to provide compensation shall be proportionately limited.
PART TWELVEINFORMING AND CONSULTATION PROCEDURE, COMPETENCES OF A
TRADE UNION ORGANISATION, EMPLOYEES’ COUNCIL AND AN
OCCUPATIONAL SAFETY AND HEALTH REPRESENTATIVETITLE I
BASIC PROVISIONS
Section 276(1) Employees in a basic labour-law relationship referred to in Section 3 have the rightto information and consultation. The employer shall inform employees and consult them
directly unless a trade union organization, an employees council or a representative foroccupational safety and health operate within the employer’s undertaking. Where there are
more employee representatives within the employer’s undertaking, the employer must fulfil
obligations pursuant to this Act in relation to all employee representatives unless anothermanner of collaboration is agreed between the employee representatives and between theemployee representatives and the employer. An employee information and consultation
procedure shall take place at the level corresponding to the subject-matter of consultation andwith regard to competence and scope of powers of the employee representatives and the
management level.
(2) Employee representatives may not be put at a disadvantage or advantage in theperformance of their activities, nor may they be discriminated against.
(3) Confidential information means information the provision of which may endanger
or damage the activities of the employer or violate the legitimate interests of the employer or
employees. Information which the employer is obliged to communicate, discuss or publish
pursuant to this Act or a special legal regulation shall not be considered confidential
information. The employer is not obliged to submit or discuss information on facts protectedunder special legal regulations78). The members of a trade union organisation, employees’
council and occupational safety and health representatives are obliged to maintain theconfidentiality of information that has been explicitly provided to them as confidential. Thisobligation survives the term of their office.
(4) Subsection (3) shall also apply to experts invited by the employees' representatives.
(5) If the employer requests the confidentiality of information which has been provided

as confidential, the employees’ representatives may request that the court determine that the
information has been marked as confidential without adequate reason. If the employer does notprovide the information, the employees’ representatives may request that the court decide thatthe employer is obliged to provide the information.
(6) Employee representatives are obliged to inform employees in an appropriate mannerat all workplaces about their activities and about the content and conclusions of informationand discussions with the employer.
(7) The employer is obliged to allow employees to hold elections of employee
representatives. Elections are held during business hours. If the employer’s operational
capacities do not allow it, the choice can also be made outside the workplace.
(8) For the purposes of the proceedings referred to in subsection (5) and for the purposesof enforcing the fulfilment of obligations pursuant to Part Twelve, the employees’ council shallhave the capacity to be a party to civil court proceedings. The chairman or its designatedmember shall act on behalf of the employee council.
(9) The employer is obliged to discuss with the employee or, at his request, with thetrade union organisation or the employees’ council or the occupational safety and healthrepresentative, the employee’s complaint about the exercise of rights and obligations arisingfrom labour-law relationships.
Section 277
The employer is obliged to create, at its expense, the conditions for the proper
performance of the activities of the employees’ representatives, in particular to provide themwith a room with the necessary equipment according to its operational capacities, to pay thenecessary costs of maintenance and technical operation and the necessary documents.
TITLE IIINFORMATION AND CONSULTATION PROCEDURE
Section 278(1) In order to ensure the right to information and consultation, the employer’s
employees may elect an employee council or an occupational safety and health representativein accordance with Section 281.
(2) Information or informing means the provision of the necessary data from which it ispossible to unambiguously ascertain the state of the notified fact, or to adopt an opinion about
it. The employer is obliged to provide the information sufficiently in advance and in a suitablemanner so that the employees can assess it, or prepare for the consultation and express theiropinion before the measures are taken.
(3) Consultation means discussion between the employer and the employees, exchangeof views and explanations with the aim of reaching an agreement. The employer is obliged toensure that the consultation takes place well in advance and in a suitable manner so that theemployees can express their views on the basis of the information provided and the employer

can take them into account before the measures are taken. Employees have the right to receivea reasoned response to their opinion during the consultation.
(4) Employees have the right to request additional information and explanations before
the implementation of the measure. Employees also have the right to request a personal meetingwith the employer at the appropriate level of management according to the nature of the matter.
The employer, employees and employee representatives are obliged to cooperate and act inaccordance with their legitimate interests.
Section 279
Informing(1) The employer is obliged to inform the employee about:(a) the economic and financial situation of the employer and its probable development;(b) the activities of the employer, its probable development, its consequences for theenvironment and its ecological measures;(c) the legal status of the employer and its changes, the internal organization and the person
authorized to act on behalf of the employer in labour-law relationships, the predominant
activities of the employer indicated by a code from the Classification of Economic
Activities111) and changes in the subject of the employer’s activity;(d) basic issues of working conditions and their changes;(e) matters to the extent set out in Section 280;(f) measures by which the employer ensures equal treatment of male and female employees andthe prevention of discrimination;(g) the offer of vacancies for an indefinite period, which would be suitable for further
employment of employees working for the employer in a fixed-term employment relationship;(h) occupational safety and health to the extent specified in Section 101 to Section 106(1) andSection 108 and a special law37);(i) matters to the extent provided for in the arrangements for the establishment of a European
Works Council or in accordance with another agreed procedure for informing and consultation
at transnational level or to the extent specified in Section 297(5).
(2) The obligations referred to in subsection (1)(a) and (b) shall not apply to employers
who employ less than 10 employees.
(3) A user (Section 307a) is also required to inform temporary employment agency
employees about job vacancies.
Section 280
Consultation

(1) The employer is obliged to consult with the employees:(a) the probable economic development of the employer;(b) the employer’s intended structural changes, his rationalization or organizational measures,
measures affecting employment, in particular measures relating to collective dismissal pursuant
to Section 62;(c) the latest state and structure of employees, the probable development of employment withthe employer, basic issues of working conditions and their changes;(d) transfer in accordance with Sections 338 to 342;(e) occupational safety and health to the extent specified in Section 101 to Section 106(1) andSection 108 and a special law37);(f) matters to the extent provided for in the arrangements for the establishment of a European
Works Council or in accordance with another agreed procedure for informing and consultation
at transnational level or to the extent specified in Section 297(5).
(2) The obligations referred to in subsection (1)(a) to (c) shall not apply to employers
who employ less than 10 employees.
TITLE IIIEMPLOYEES’ COUNCIL AND AN OCCUPATIONAL SAFETY AND HEALTHREPRESENTATIVE
Section 281(1) It is possible to elect an employee council and an occupational safety and healthrepresentative at the employer. The employee council has a minimum of 3 and a maximum of
15 members. The number of members must always be odd. The total number of occupationalsafety and health representatives depends on the total number of employees of the employer
and the risk of the work performed; however, it is possible to appoint a maximum of one
representative per 10 employees. The number of members of the employees’ board andrepresentatives for occupational safety and health shall be determined by the employer after
consultation with the election committee established pursuant to Section 283(2).
(2) The term of office of the employees’ council and the occupational safety and healthrepresentative is 3 years.
(3) For the purposes of electing an occupational safety and health representative, thedecisive fact is the number of employees of the employer in an employment relationship on the
day of submission of the written proposal for the announcement of elections.
(4) The employees’ council shall elect a chairman from among its members at its firstmeeting and shall inform the employer and the employees thereof.

(5) If, during the passage of rights and obligations from labour-law relationships thecurrent employer and the accepting employer have employees’ representatives, the accepting
employer, in the cases specified in Sections 279 and 280, fulfils obligations to all, unlessotherwise agreed between them and the employer. Employee representatives shall carry out
their duties until the end of their term of office. If, before the end of the term of office, thenumber of members of one of the employee councils has fallen to less than 3, the other
employee council shall take over.
Section 282(1) The employees council and the term of office of the occupational safety and healthrepresentative end on the last day of the election period, unless otherwise provided in this Act.
(2) The employee council shall also end on the day when the number of members of theemployee council has dropped to less than 3.
(3) In the cases provided for in subsections (1) and (2) the employee council or theoccupational safety and health representative shall hand over all documents related to theholding of the office to the employer, who shall keep them for a period of five years from thedate of termination of the employee council or the office of the occupational safety and healthrepresentative.
(4) Membership in the employees’ council and the office of the occupational safety andhealth representative ends upon:(a) resignation;(b) termination of employment relationship with the employer;(c) removal from office.
Section 283(1) Elections shall be announced by the employer on the basis of a written proposal
signed by at least one third of the employer’s employees in an employment relationship nolater than three months from the date of delivery of the proposal.
(2) Elections are organized by an election committee composed of at least three, at mostnine employer’s employees. The number of members of the election committee is determinedby the employer, taking into account the number of employees and the internal organization.
The members of the election committee are employees in the order in which they are signed on
the written proposal for the election of the employee council. The employer informs theemployees about the composition of the election committee. He is obliged to provide theelection committee with the necessary information and documents for the purposes of theelection, in particular a list of all employees in an employment relationship.
(3) The election committee shall:(a) in agreement with the employer, determine and announce the date of the election at least 1

month before it is held and the deadline for the submission of nominations of candidates;(b) draw up and publish the election rules;(c) draw up a list of candidates from the nominations of the employer’s employees in an
employment relationship;(d) publish the document in good time before the election;(e) organize and manage the election;(f) decide on complaints about errors and shortcomings stated on the list of candidates;(g) count the votes and draw up a written report on the result of the election in duplicate; handover one copy to the elected employee council, or elected occupational safety and healthrepresentatives, the other to the employer;(h) inform the employer and all employees about the result of the election.
(4) The election is direct, equal and secret. The choice may only be made in person. The
election requires the participation of at least one half of the employer’s employees who wereable to attend the election because they were not prevented from doing so by an obstacle towork or a business trip. Each voter may vote for as many candidates as there are seats on theemployee council; he may cast only one vote to one candidate. If he does not follow these rules,
his vote is invalid.
(5) All employees of the employer in an employment relationship have the right to voteand be elected.
Section 284(1) Candidates may be nominated by any employee of the employer in an employment
relationship. The proposal is submitted to the election committee in writing and must be
substantiated by the written consent of the candidate, by the deadline set by the election
committee.
(2) The election shall not be held if the election committee does not receive by thedeadline for submitting nominations for candidates:(a) at least three proposals to the employee council;(b) at least one proposal for the position of an occupational safety and health representative.
(3) The predetermined number of candidates with the largest number of valid votes areelected as the members of the employees’ council and occupational safety and healthrepresentatives. Candidates in other positions are substitutes to these posts; they become
members of the employee council or occupational safety and health representatives on the dayon which these posts become vacant, in the order of the number of valid votes cast in theelections. In the event of a tie, the electoral committee shall determine the order by drawinglots.

(4) The report on the election result shall be kept by the employer for a period of five
years from the day of the election.
(5) Subsections (1) to (4) and Section 283 shall apply to the removal of a member of theemployee council and occupational safety and health representative with the necessary
modifications.
Section 285(1) Every employee of the employer in an employment relationship and the employer
may submit a written complaint to the election committee for errors and shortcomings statedon the list of candidates and propose a correction, no later than 3 days before the day of theelection. The election committee shall decide on the complaint and notify the complainant of
its decision in writing by the day preceding the election. The commission’s decision is final andis excluded from judicial review.
(2) Every employee of the employer in an employment relationship and the employer
may, by filing a motion to declare the election invalid, seek protection in court pursuant to a
special law79) if he considers that there has been a violation of the law which may havesignificantly affected the outcome of the election. The proposal must be submitted in writing
no later than 8 days from the date of the announcement of the election results.
(3) If the court has ruled that the election is invalid, it shall be held no later than threemonths after the decision on re-election has become final. The members of the election
committee in the re-election are employees pursuant to Section 283(2) excluding those
employees who served on the election committee and who were candidates.
TITLE IVCOMPETENCE OF TRADE UNION ORGANIZATIONS
Section 286(1) Trade union organisations are entitled to act in labour-law relationships, includingcollective bargaining, under the conditions stipulated by law or agreed in the collective
agreement.
(2) The body designated by its statutes shall act on behalf of the trade union
organisation.
(3) A trade union organisation functions under an employer and has the right to act only
if it is entitled to do so according to the Articles of Association, and no less than three of its
members are employed in an employment relationship with the employer; the trade union
organisation or its subsidiary may bargain collectively and conclude collective agreements
under these conditions, only if it is entitled to it by the Articles of Association of the trade union
organisation.
(4) The entitlement of a trade union organisation of an employer are created on the day
following the date on which the employer announced that it meet the conditions undersubsection (3); if a trade union organization ceases to meet these conditions, it is obliged to
notify the employer without undue delay.
(5) Where two or more trade union organizations exercise their activities within one
employer, in those cases which concern all the employees or a large number of employees andin which this Act or special legal regulations require information, consultation, the expressionof consent by, or agreement with, the trade union organization, the employer shall fulfil theduties in relation to all the trade union organizations unless the parties determine some otherinformation and consultation procedure or another manner of expression of consent.
(6) Where two or more trade union organizations exercise their activities within one
employer, such trade union organization, of which a certain employee is a member, shall act on
his behalf in labour-law relationships. As regards an employee who is not a member of any
trade union organization, the trade union organization with the largest number of members whoare employed by the employer in an employment relationship, shall act on behalf of this
employee, unless otherwise determined by the employee.
Section 287
Informing and consultation(1) The employer is obliged to inform the trade union organisation about:(a) the development of wages or salaries, the average wage or salary and its individualcomponents, including a breakdown by individual professional groups, unless otherwise
agreed;(b) matters referred to in Section 279.
(2) The employer is obliged to discuss with the trade union organisation:(a) the economic situation of the employer;(b) workload and work speed (Section 300);(c) changes in the organization of work;(d) system of remuneration and evaluation of employees;(e) system of training and education of employees;(f) measures to create conditions for the employment of natural persons, in particular minors,
persons caring for children under the age of 15 and natural persons with disabilities, including
essential issues concerning the care of employees, measures to improve occupational hygiene
and the working environment, social, cultural and physical education needs of employees;(g) other measures concerning a larger number of employees;(h) matters referred to in Section 280.
TITLE VACCESS TO TRANSNATIONAL INFORMATION
Section 288(1) For the purposes of this Act, transnational information and consultation means
information and consultation concerning an employer or group of employers operating in the
territory of the Member States of the European Union and the European Economic Area
(hereinafter the “Member State”) as a whole or at least two employers or organizational unitsof the employer or a group of employers located in at least two Member States. The extent ofpotential impacts and the level of management and employee representation are also taken into
account when assessing whether transnational information and consultation are involved.
(2) The right of employees of employers operating in the territory of a Member State totransnational information and consultation shall be exercised through the agreed procedure fortransnational information and consultation or through the European Works Council. The
procedure under the first sentence must be defined and implemented in such a way as to ensure
its effectiveness and to enable effective decision-making by employers or groups of employers.
The European Works Council shall be set up by agreement of the negotiating committee with
its headquarters or in accordance with Section 296. An employer operating in the territory of
the Member States shall, at his own expense, create the conditions for the establishment andproper functioning of a negotiating body, European Works Council or other agreed procedure
for transnational information and consultation, in particular to cover the costs of organizing
meetings, interpretation, travel and accommodation their proper activities, the necessary
training and the cost of one expert, unless additional costs are agreed with the head office.
(3) The obligation to provide transnational information and negotiations pursuant to thisAct shall apply to:(a) employers and groups of employers operating in the territory of the Member States with
their registered office or place of business in the Czech Republic;(b) the organizational units of the employer with presence in the territory of the Member States
located in the Czech Republic;(c) the representatives of the employer or group of employers operating in the territory of theMember States in accordance with Section 289(2), who have their registered office or place ofbusiness in the Czech Republic, unless otherwise provided in this Act.
(4) For the purposes of this Act, an employer operating in the territory of the Member
States means an employer who has at least 1,000 employees in the Member States and 150
employees in at least 2 Member States.
(5) For the purposes of this Act, a group of employers operating in the territory of theMember States means several employers connected by one managing employer who meets thefollowing requirements:(a) has a total of at least 1,000 employees in the Member States;(b) at least 2 employers from a group of employers operating in the territory of the Member

States have their registered office or place of business or an organizational unit located in 2
different Member States; and(c) at least one employer from a group of employers in the territory of the Member States has
at least 150 employees in one Member State and another employer from a group of employers
in the territory of the Member States has at least 150 employees in another Member State.
Section 289(1) For the purposes of this Act, a managing employer means an employer who may
directly or indirectly manage another employer or another group of employers (managed
employer). The legislation governing the employer in the territory of a Member State is decisivefor determining whether he is a managing employer. Where an employer operating in the
territory of a Member States has not been established under the law of the Member State, thelaw of the Member State in whose territory it has his registered office, place of business or
representative of that employer shall be decisive in determining whether it is a managing
employer, and if a representative is not appointed, the law of the Member State in whose
territory the registered office, the place of business or the head office of the employer that
employs most employees shall be decisive. A managing employer is an employer which,directly or indirectly in relation to another employer of a group of employers:(a) may appoint more than half of the members of the administrative, management or
supervisory body of this employer;(b) has a majority of the voting rights of that employer; or(c) owns a majority share in the registered capital of this employer;
unless it is shown that another employer in the group of employers has a stronger
influence. If there are several employers in a group of employers that meet these requirements,
the managing employer shall be determined according to these requirements in the orderindicated in the third sentence. For this purpose, the rights of the managing employer withregard to voting and appointment shall also include the rights of any managed employer andthe rights of any person or body acting on behalf of the managing employer or the managed
employer. However, a managing employer is not an employer in relation to another employer
in which it has a participation pursuant to Article 3(5)(a) or (c) of Council Regulation (EC) No
139/2004 of 20 January 2004 on the control of concentrations between undertakings (the “EC
Merger Regulation"). This provision shall not apply to legal relations arising from insolvency
proceedings21a).
(2) For the purposes of this Act, the head office shall mean the employer operating in
the territory of the Member States and the managing employer in a group of employers
operating in the territory of the Member States. If the head office is not registered or located ina Member State, the representative appointed by the head office shall be considered to be thehead office for the purposes of this Act. If this representative is not appointed, the head officeis the employer with the largest number of employees in the Member States.
(3) The information and consultation shall concern only employers with registeredoffice or located in a Member State unless a broader scope is agreed.
(4) For these purposes, the number of employees shall be determined as the averagenumber of employees during the previous two years from the date of submission of theapplication or commencement of consultation by the head office pursuant to Section 290(2).
The head office and each employer are obliged to provide information to employees or theirrepresentatives to determine whether a European Works Council can be set up or to arrange
other procedures for transnational information and consultation, in particular information on
employee numbers and composition and the organizational structure of the employer or
employer group.
(5) Unless the arrangement on the European Works Council or the arrangement on otherprocedures for transnational information and consultation or regulation of the Member State inwhich the head office is located provide for more favourable conditions, Section 276 andSection 278(2) to (4) shall apply by analogy for the purposes of collective employee
representation, namely for members of the negotiating body, the European Works Council orthe employees’ representatives in accordance with another agreed procedure, as well as for
employers. Section 276(8) shall apply even if the head office is not registered or located in the
Czech Republic. Section 276(4) shall apply to interpreters, translators, experts and advisers.
Section 290(1) The negotiating committee shall be set up to negotiate on behalf of the employeeswith the head office an agreement establishing a European Works Council or other procedure
for transnational information and consultation.
(2) Negotiations for the establishment of a negotiating committee shall be initiated by
the head office on its own initiative or at the written request of at least 100 employees from atleast 2 employers or employers’ organizations located in at least 2 different Member States orat the written request of their representatives.
(3) The members of the negotiating committee are employees of the employer or groupof employers operating in the territory of the Member States. Employees of an employer fromthe territory of each Member State in which the employer or group of employers operating in
the territory of the Member States has its registered office or branch shall be represented by one
member for every 10% (or part thereof) of employees in all Member States combined.
(4) On behalf of the employees in the Czech Republic, the members of the negotiating
committee shall be appointed by the employees’ representatives at a joint meeting. If employee
representatives are not appointed or do not work for one of the employers, the employees ofthat employer shall elect a representative who will attend the joint meeting on their behalf. The
distribution of votes at the joint meeting shall be determined in proportion to the number of
employees for which the employees’ representative acts. If there are several employee
representatives working for the employer, they act together for all the employer’s employees,
unless they agree otherwise. If a joint meeting is not required, the procedure for the appointment
or election of a member of the negotiating committee shall apply by analogy.
(5) Subsection (4) shall also apply in the event that only an organizational unit of theemployer with competence in the territory of the Member States is located in the Czech
Republic.
Section 291

(1) The negotiating committee shall deliver to the employer and the head office
information on the appointed and elected members. The head office shall convene theconstitutive meeting of the negotiating committee without undue delay after receiving thisinformation. The head office shall deliver the information on the composition of the negotiating
committee and the opening of negotiations to the relevant recognized European employee’ andemployers’ organizations with which the European Commission discusses matters inaccordance with Article 154 of the Treaty on the Functioning of the European Union. At its
constitutive meeting, the negotiating committee shall elect a chairman. The negotiating
committee shall have the right to meet in separate session before and after each meeting. If
absolutely necessary, it may invite experts to attend the meeting. These experts andrepresentatives of the relevant recognized European employee’ and employers’ organizations
may, at the request of the special negotiating committee, take part in the deliberations in anadvisory capacity.
(2) Unless otherwise provided in this Act, the negotiating committee shall adopt
resolutions by a simple majority of all its members.
(3) Negotiations between the head office and the negotiating committee, the European
Works Council and the body providing for another procedure for transnational information andconsultation must be conducted with a view to reaching an agreement.
(4) The places and dates of joint meetings are the subject of arrangements between thenegotiating committee and the head office. The employer’s head office informs about the placeand date of joint meetings. The costs of the activities of the negotiating committee shall beborne by the employer.
Section 292
The negotiating committee may decide, by at least a two-thirds majority of all its
members, that negotiations not be opened or that existing negotiations be terminated. It shalldraw up a record thereof, which shall be signed by the members of the negotiating committee
who have adopted such a resolution. A copy of the minutes shall be sent by the committee tothe head office, which shall inform the employer and the employees or their representatives
thereof. New application in accordance with Section 290(2) may be filed no earlier than two
years after this resolution unless the head office and the negotiating committee agree on ashorter period.
Section 293(1) The head office and the negotiating committee may arrange to establish a European
Works Council or may arrange for another procedure for transnational information andconsultation. In doing so they are not bound by Sections 296 to 298.
(2) The European Works Council may be extended to include representatives of theemployer’s employees from countries which are not members of the European Union if thehead office and the negotiating committee so agree.
Section 294
European Works Council established by an arrangement

The arrangements for the European Works Council shall be in writing and shall containin particular:(a) identification of all employers to which it applies;(b) the method of establishment, composition, the number of members and the term of officeof the European Works Council; in so doing, account shall be taken of the representation of
employees according to their activity and sex;(c) the place, frequency and duration of meetings of the European Works Council;(d) the tasks, powers and responsibilities of the European Works Council, head office andemployers in exercising the employees’ right to information and consultation, and, whereapplicable, the composition, conditions of appointment, tasks and rules of procedure of thecommittee;(e) the method of convening meetings;(f) the method of financing the costs of the activities of the European Works Council;(g) the methods of linking with information and consultation of employees’ representatives inaccordance with national law; this is without prejudice to the provisions concerning informationand consultation of employees pursuant to Sections 279, 280 and 287;(h) provisions on the procedure for organizational changes;(i) the duration of the European Works Council arrangement, the provisions on the possibilityof notice of termination, the possibility of amending the arrangements, including transitional
provisions, and the procedure for negotiating a new arrangement.
Section 295
Arrangements for a different procedure for transnational information and consultation
Arrangements for another procedure for transnational information and consultation shallbe in writing and shall include in particular:(a) the subject of information and consultation of a transnational nature concerning importantinterests of employees;(b) the manner and provision of the possibility for employees’ representatives to jointly consult
the information provided by the head office;(c) the manner and provision for the negotiations with the head office or with anotherappropriate level of management;(d) the methods of linking with information and consultation of employees’ representatives inaccordance with national law; this is without prejudice to the provisions concerning informationand consultation of employees pursuant to Sections 279, 280 and 287;

(e) the procedure in the event of significant organizational changes.
Section 295a
If the arrangements under Sections 294 and 295 do not specify how to link informationand consultation to employee representatives under national law, the head office and theemployer must provide for transnational information and consultation on planned measures that
could lead to significant changes in work organization or contractual relations at all partner
levels appropriate to the subject matter.
European Works Council established pursuant to an and act
Section 296(1) The European Works Council pursuant to this Act shall be established if:(a) this is agreed between the head office and the negotiating committee;(b) the head office refuses to enter into negotiations for a period of 6 months from the requestof the employees in accordance with Section 290(2) establishing a European Works Council orother procedure for transnational information and consultation; or(c) within 3 years of the submission of the application under Section 290(2) the head office andthe negotiating committee did not reach an agreement on the procedure and the negotiating
committee did not agree to terminate the negotiations in accordance with Section 292.
(2) The European Works Council shall be appointed from among the employees’
representatives at a joint meeting. If employee representatives are not appointed or do not workfor one of the employers, the employees of that employer shall elect a representative who willattend the joint meeting on their behalf. If the employer has more than one employee
representative, the employees shall elect a joint representative from among them to attend thejoint meeting on their behalf. The distribution of votes at a joint meeting shall be determined inproportion to the number of employees represented.
(3) Employees of an employer from the territory of each Member State in which theemployer or group of employers operating in the territory of the Member States has its
registered office or branch shall be represented by one member for every 10% (or part thereof)of employees in all Member States combined.
Section 297(1) The members of the European Works Council in the Czech Republic shall be
appointed from among the employer’s employees by the employees’ representatives at a joint
meeting. If employee representatives are not appointed or do not work for one of the employers,
the employees shall elect a representative who will attend the joint meeting on their behalf. The
distribution of votes at the joint meeting shall be determined in proportion to the number of
employees for which the employees’ representative acts. If there are several trade union
organizations under the employer, Section 286(6) shall apply by analogy. If a joint meeting is
not required, the procedure for appointing or electing a member of the European Works Council
shall apply by analogy.

(2) Subsection (4) shall also apply in the event that only an organizational unit of theemployer with competence in the territory of the Member States is located in the Czech
Republic.
(3) The European Works Council shall be obliged to notify the names and surnames of
its members and their work addresses without undue delay to the head office, which shallforward this information to the employers and the employees’ representatives or employees.
(4) The term of office of the European Works Council is 4 years. Four years after theinaugural meeting, the European Works Council shall vote on whether to negotiate with head
office in accordance with Sections 290 and 291, or whether a European Works Council isestablished in accordance with this provision. The decision shall be taken by the Council by a
two-thirds majority of all appointed members. Sections 290 and 291 shall apply to negotiations
by analogy.
(5) At least once a calendar year, the head office is obliged, on the basis of a report
prepared by it:(a) to inform the European Works Council of:
1. the organizational structure of the employer and his economic and financial situation;
2. the likely development of the activity, production and sales;
3. the matters which it is required to discuss with the European Works Council;(b) to discuss with the European Works Council:
1. the probable development of employment, investment and substantial changes in workorganization and technology;
2. the dissolution or termination of the employer, transfer of the employer or part of its activities,
its reasons, significant consequences and measures towards employees;
3. collective redundancies, their reasons, numbers, structure and conditions for determining theemployees to be dismissed and the benefits to be paid to the employees in addition to statutory
obligations.
The head office will also send a report to the employer.
(6) If exceptional circumstances arise or decisions are to be taken which have asubstantial effect on the interests of employees, the head office shall without undue delay
inform the European Works Council and, at its request, consult the necessary measures with it.
If a committee is established in accordance with Section 298(2), the head office may negotiatewith this committee. However, the members of the European Works Council who have been
elected or appointed on behalf of the employer to whom the measure relates must be allowedby the head office to take part in this consultation. Exceptional circumstances include, without
limitation:(a) dissolution, termination or transfer of the employer or part thereof;(b) collective dismissal (Section 62).

Section 298

(1) The headquarters shall be obliged to convene a constitutive meeting of the European
Works Council without undue delay. At this meeting, the Council shall elect its chairman anda deputy.
(2) The chairman and, in his absence, his deputy, shall represent the European Works
Council externally and manage its day-to-day activities. The European Works Council shall set
up a committee of up to five members, consisting of a chairman and other members, to ensure
coordination of its activities. The members of the committee must be from at least two Member
States.
(3) The European Works Council shall have the right to meet without the presence ofthe relevant managerial employees to discuss the information handed to it by the head office.
The date and place of the meeting is the subject of an agreement with the head office. The
proceedings of the European Works Council is not public. The European Works Council may
invite experts if this is strictly necessary for the performance of its tasks. It may also invite
managerial employees to provide additional information and explanations.
(4) Unless otherwise provided, the European Works Council may take decisions if anabsolute majority of its members is present; decisions of the Council are taken by an absolutemajority of votes of the present members.
(5) The European Works Council shall establish its rules of procedure, which shall bein writing and shall be adopted by a majority of all members of the Council.
Section 298a
Procedure for organizational changes(1) If there are significant organizational changes in the structure of the employer orgroup of employers operating in the territory of the Member States, and if the arrangement on
the European Works Council or other transnational information procedure and consultation
does not regulate the procedure in these cases, or the provisions of these arrangements
contradict each other, Section 290(2) shall apply by analogy.
(2) If Section 290(2) is applied by analogy, each European Works Council or otherestablished employee representatives shall appoint at least three additional members to thenegotiating committee.
(3) Established European Works Councils and employees’ representatives shall notcease their activities in accordance with another agreed procedure. If necessary, they shallregulate their activities through arrangements with the head office. The activities of theestablished European Works Councils and the other procedure for transnational informationand consultation shall end with the conclusion of a new arrangement with the head office on
the establishment of a European Works Council or on other procedure. The previously
concluded arrangements also cease to exist at this point.
Section 299
Sections 288 to 298a shall not apply to a European company and a European cooperative
society, unless otherwise provided in special legal regulation82).

PART THIRTEENCOMMON PROVISIONSTITLE IWORKLOAD AND PACE OF WORK
Section 300(1) The employer is obliged to take into account the physiological andneuropsychological possibilities of the employee, regulations to ensure occupational safety andhealth and time for natural needs, food and rest when determining the required workload andpace of work. The required workload and the pace of work may also be determined by thelabour consumption standard.
(2) The employer is obliged to ensure that the conditions pursuant to subsection (1) or
the labour consumption standard, if specified by the employer, are created before thecommencement of work.
(3) The required workload and the pace of work, or the introduction or change of thelabour consumption standard, shall be determined by the employer, unless they are agreed in
the collective agreement, after consultation with the trade union organisation.
TITLE II
BASIC OBLIGATIONS OF EMPLOYEES AND MANAGERIAL EMPLOYEESRESULTING FROM THE EMPLOYMENT RELATIONSHIP OR AGREEMENTS ON
WORK PERFORMED OUTSIDE THE EMPLOYMENT RELATIONSHIP, OTHEROBLIGATIONS OF EMPLOYEES, SPECIAL OBLIGATIONS OF CERTAIN
EMPLOYEES AND PERFORMANCE OF OTHER GAINFUL ACTIVITY
Section 301
Employees must:(a) work properly according to their strengths, knowledge and abilities, follow the instructionsof superiors issued in accordance with legal regulations and cooperate with other employees;(b) use working hours and means of production to perform the assigned work, perform working
tasks in a quality and timely manner;(c) comply with the legal regulations applicable to the work they perform; comply with otherregulations relating to the work they perform, provided that they have been duly acquainted
with them;(d) manage properly the means entrusted to them by the employer and to guard and protect theemployer’s property from damage, loss, destruction and misuse and not to act contrary to thelegitimate interests of the employer.

Section 301a
Other duties of employees
During the first 14 calendar days of temporary incapacity for work, employees are
obliged to comply with the established regime of an insured person with temporary incapacity
for work as regards the obligation to stay during temporary incapacity for work and to observe
the period and scope of permitted walks in accordance with the Sickness Insurance Act107).
Section 302
Managerial employees also must:(a) manage and control the work of subordinate employees and evaluate their work performanceand work results;(b) to organize the work to the best of their ability;(c) create favourable working conditions and ensure occupational safety and health;(d) ensure the remuneration of employees pursuant to this Act;(e) create conditions for increasing the professional level of employees;(f) ensure compliance with legal and internal regulations;(g) ensure that measures are taken to protect the employer’s property.
Section 303(1) Employees:(a) in administrative authorities;(b) employees in the:1. Police of the Czech Republic;
2. Armed Forces of the Czech Republic83);
3. General Inspection of Security Forces;
4. Security Information Service;
5. Office for Foreign Relations and Information;
6. Prison Service of the Czech Republic;
7. Probation and mediation service;
8. Office of the President of the Republic;
9. Office of the Chamber of Deputies;
10. Office of the Senate;
11. Office of the of the Public Defender of Rights;
12. Office of the Financial Arbitrator;
13. Office for Government Representation in Property Affairs;
14. Czech Social Security Administration and district social security administrations;15. Supreme Audit Office;16. Office for Personal Data Protection;

17. Institute for the Study of Totalitarian Regimes;
18. protected landscape areas and national parks;
19. Radioactive Waste Repository Authority;(c) employees in courts and public prosecutor’s offices;(d) employees of the:1. Czech National Bank;
2. State-owned funds;(e) employees of territorial self-governing units assigned to:
1. the municipal authority;
2. city authority;
3. the municipality of a statutory city or the municipality of a territorially divided statutory city,
the office of a city district or the office of a city district of a territorially divided statutory city;
4. regional authority;
5. the Prague City Hall and the Office of a City Borough of the Capital City of Prague;
with the exception of officials of territorial self-governing units pursuant to a special legal
regulation84);(f) employees of territorial self-governing units assigned in the municipal police;(g) employees of schools established by the Ministry of the Interior85) and employees of the
Police Academy of the Czech Republic86), have the increased obligations set out in subsection(2).
(2) The employees referred to in subsection (1) are further obliged to:(a) act and decide impartially and refrain from performing anything that could jeopardize
confidence in the impartiality of decision-making;(b) maintain the confidentiality of facts which come to their knowledge in the course of theiremployment and which cannot be communicated to other persons in the interests of theemployer; this does not apply if they have been released from this obligation by a governing
body or a managerial employee authorized by the governing body, unless otherwise provided
by a special legal regulation;(c) in connection with the performance of their employment, not to accept gifts or other benefits,with the exception of gifts or benefits provided by the employer with which they are employed,or on the basis of legal regulations;(d) refrain from any action which might lead to a conflict of public interest with personal
interests, in particular not to misuse information obtained in the course of employment for the
benefit of one’s own or someone else’s.
(3) The employees referred to in subsection (1) may not be members of management orcontrol bodies of legal persons conducting business activities; this shall not apply if they havebeen posted to such a body by the employer with which they are employed and do not receive
remuneration in connection with such membership from the relevant legal person carrying out
the business activity.

(4) Employees referred to in subsection (1) may conduct business only with the priorwritten consent of the employer with which they are employed.
(5) The restriction set out in subsection (4) does not apply to scientific, pedagogical,
journalistic, literary or artistic activities and to the management of one’s own property.
(6) The provisions of subsection (1) to (5) shall apply, unless otherwise provided by aspecial act88).
Section 304(1) In addition to their employment performed in a basic labour-law relationship,
employees may engage in gainful activity that is identical to the subject of activity of theemployer with which they are employed only with its prior written consent.
(2) If the employer revokes the consent pursuant to subsection (1), the revocation must
be in writing; the employer is obliged to state the reasons for changing his decision. The
employee is then obliged to terminate the gainful activity without undue delay in the manner
governed by the relevant legal regulations.
(3) The restriction set out in subsection (1) does not apply to the performance of
scientific, pedagogical, journalistic, literary and artistic activities.
(4) The provisions of subsections (2) to (3) shall apply unless otherwise provided by aspecial act88).
TITLE III
INTERNAL REGULATION
Section 305(1) The employer may stipulate in an internal regulation the rights of employees inlabour-law relationships more advantageously than as laid down by this Act. It is prohibited for
an internal regulation to impose obligations on an employee or to prejudice his rights laid downby this Act. If the employer fails to comply with this prohibition, it shall be disregarded.
(2) An internal regulation must be issued in writing, must not be in conflict with legal
regulations or be issued retroactively, otherwise it is invalid in whole or in the relevant part.
Unless the work rules are concerned, internal rules are issued, as a rule, for a fixed period, but
at least for one year; the internal regulation concerning remuneration may be issued even for ashorter period.
(3) An internal regulation is binding for the employer and for all its employees. It shalltake effect on the date specified therein, but not before the date on which it is declared by theemployer.
(4) An employer is obliged to acquaint the employee with the issuance, change orcancellation of an internal regulation within 15 days at the latest. An internal regulation must

be accessible to all employees of the employer. The employer is obliged to keep the internal
regulation for a period of 10 years from the date of its expiry.
(5) If an employee has a right arising from the basic labour-law relationship specified
in Section 3, especially wage, salary or another right in labour-law relationships, the repeal of
an internal regulation does not affect the duration and satisfaction of this right.
Section 306
Work rules(1) Work rules are a special type of internal regulation; they expand on the provisionsof this Act, or special legal regulations in accordance with special conditions of the employer,
with regard to the obligations of the employer and the employee arising from labour-law
relationships.
(2) Work rules may not contain regulation in accordance with Section 305(1).
(3) Employers specified in Section 303(1) are obliged to issue work rules.
(4) An employer with an active trade union organisation may issue or change the work
rules only with the prior written consent of the trade union organisation, otherwise the issue orchange is invalid.
(5) In agreement with the Ministry of Labour and Social Affairs, the Ministry of
Education, Youth and Sports shall issue a decree stipulating the work rules for employees ofschools and school facilities established by the Ministry of Education, Youth and Sports, theregion, municipalities and the voluntary association of municipalities.
TITLE IV
WAGE, SALARY AND OTHER RIGHTS
Section 307(1) If a statement (Section 113(4) and Section 136) lays down an employee’s right toperformance in an employment relationship to a lesser extent than as follows from theagreement or than stipulated by an internal regulation, the respective part of the statement isinvalid.
(2) If an agreement or internal regulation contains a regulation of wage or salary rights
and other rights in labour-law relationships according to which an employee should have morethan one of the same rights, he shall have only one such right, namely the one determined by
the employee.
TITLE V
AGENCY EMPLOYMENT
Section 307a

Dependent work in accordance with Section 2 also includes cases where an employer
on the basis of a permit pursuant to a special legal regulation (hereinafter the “employment
agency”) temporarily assigns his employee to perform work with another employer on the basisof an arrangement in the employment contract or agreement to perform work, whereby theemployment agency undertakes to provide for the employee temporary performance of work
under an employment contract or agreement to perform work with the user, and the employee
undertakes to perform this work according to the user’s instructions and on the basis of anagreement on the temporary assignment of an employment agency employee concluded
between the employment agency and the user.
Section 307b
The employment agency and the user are obliged to ensure that the employment agency
employee is not temporarily assigned to perform work for the user for which the employee:(a) who simultaneously employs the employee in a basic labour-law relationship; or(b) worked or is working in the same calendar month on the basis of a temporary assignment
by another employment agency.
Section 308(1) The agreement between the employment agency and the user on the temporary
assignment of an employment agency employee must contain:(a) the name or names, surname, or surname at birth, citizenship, date and place of birth andresidence of the temporarily assigned employee;(b) the type of work that the temporarily assigned employee will perform, including therequirements for professional or medical qualifications necessary for this type of work;(c) determination of the period for which the temporarily assigned employee will perform workfor the user;(d) place of work;(e) the date on which the temporarily assigned employee commences to perform work for theuser;(f) information on the working and wage or salary conditions of the user’s employee who
performs or would perform the same work as the temporarily assigned employee, taking into
account the qualifications and length of practical training (hereinafter the “comparable
employee");(g) the conditions under which the temporary assignment may be terminated by the employee
or user before the end of the period for which it was agreed; however, it is not possible to agree
on the conditions for the termination of the period of temporary assignment before the expiryof the period for which it was agreed only for the benefit of the user;(h) the number and date of the decision granting the employment agency an employment

intermediation permit.
(2) The agreement between the employment agency and the user on the temporary
assignment of an employment agency employee must be concluded in writing.
Section 309(1) During the temporary assignment of an employment agency employee to perform
work for a user, the user assigns work tasks to the employment agency employee, organizes,
manages and controls his work, gives him instructions for this purpose, creates favourable
working conditions and ensures occupational safety and health. However, the user may not
perform juridical acts on behalf of the employment agency.
(2) The employment agency assigns employees to temporarily perform work for theuser on the basis of a written instruction, which contains in particular:(a) the name and registered office of the user;(b) the place of work at the user;(c) the duration of the temporary assignment;(d) the designation of the user’s managerial employee authorized to assign and control theemployee’s work;(e) the conditions for a unilateral declaration of termination of the performance of work before
the expiry of the temporary assignment period, if agreed in the agreement on the temporary
assignment of an employment agency employee; Section 308(1)(g)];(f) information on the working and wage or salary conditions of a comparable employee of theuser.
(3) The temporary assignment ends at the end of the period for which it was agreed;
before the expiry of this period, it shall end by an agreement between the employment agency
and the temporarily assigned employee, or a unilateral declaration by the user or temporarily
assigned employee in accordance with the conditions agreed in the agreement on the temporary
assignment of an employment agency employee.
(4) If the employment agency which has temporarily assigned an employee to perform
work for the user compensated the employee for the damage incurred in the performance ofwork tasks or in direct connection therewith for the user, it has the right to be compensated forthis damage by this user unless they agree otherwise.
(5) The employment agency and the user are obliged to ensure that the working andwage conditions of a temporarily assigned employee are not worse than the conditions of acomparable employee. If the working or wage conditions of a temporarily assigned employee
are worse for the period of the performance of work for the user, the employment agency is
obliged to ensure equal treatment at the request of the temporarily assigned employee or, if hefinds out otherwise, even without a request; a temporarily assigned employee shall have theright to seek redress from the employment agency.

(6) The employment agency may not temporarily assign the same employee to perform
work for the same user for a period of more than 12 consecutive calendar months. This
restriction does not apply where it is requested from the employment agency by its employee,
or if the work is performed for a period of substitution for the user’s female employee whotakes maternity or parental leave, or for the user’s male employee who takes parental leave.
(7) If measures are to be taken between the user and the employment agency employee
to increase the protection of the user’s property, these measures must not be less advantageous
for the employment agency employee than those under Sections 252 to 256.
(8) The scope of agency employment may be limited only in a collective agreement
concluded with the user.
Section 309a
The user is obliged to inform in good time the employment agency, which has
temporarily assigned an employee to perform work with the user, that it will send this employee
to perform work within transnational provision of services91) to the territory of another Member
State of the European Union; the information must include at least the following:(a) the place of employment of the posted employee in another Member State of the European
Union;(b) the work tasks to be performed by the temporarily assigned employee;(c) the date of commencement of the posted employee’s work;(d) the expected period of posting; and(e) whether the posted employee substitutes another employee whose posting period is
attributed to him in accordance with Section 319a(3).
TITLE VI
NON-COMPETITION CLAUSE
Section 310(1) Where in a non-competition clause the employee undertakes, after the terminationof the employment relationship for a certain period not exceeding one year, to refrain from theperformance of gainful activity that would be identical with the employer’s business activity orthat would be of a competitive nature to the employer’s business activity, the employer must
undertake in the clause to provide adequate monetary consideration, at least in the amount of
one half of the employee’s average monthly earnings for each month when the said obligation
is fulfilled. The monetary consideration shall be payable backward on a monthly basis unlesssome other date is agreed.
(2) The employer may conclude with an employee a non-competition clause only if its
performance can be justly required from the employee with regard to the nature of information,

knowledge, operational and technological know-how which the employee acquired during theemployment relationship to the employer and the use of which in an activity pursuant tosubsection (1) could substantially complicate the employer’s activity.
(3) If a contractual penalty has been agreed in the non-competition clause which theemployee is obliged to pay to the employer, if he breaches the obligation, the employee’s
obligation under the competition clause shall expire upon the payment of the contractual
penalty. The amount of the contractual penalty shall be proportionate to the nature andimportance of the conditions referred to in subsection (1).
(4) The employer may withdraw from the competition clause only for the duration of
the employee’s employment relationship.
(5) An employee may terminate a non-competition clause if the employer has not paid
him the monetary compensation or part thereof within 15 days of its maturity; the competition
clause expires on the first day of the calendar month following the delivery of the notice oftermination.
(6) The competition clause must be concluded in writing; this applies by analogy towithdrawal from the competition clause and its termination.
Section 311
Section 310 may not be applied to pedagogical staff of schools and school facilities
established by the Ministry of Education, Youth and Sports, the region, municipalities and thevoluntary association of municipalities, whose activities consist in tasks in the field of
education, and to pedagogical workers in social services facilities89).
TITLE VIIPERSONAL FILE, EMPLOYMENT STATEMENT AND EMPLOYMENT REFERENCE
Section 312(1) The employer is entitled to keep a personal file of the employee. The personal file
may only contain documents that are necessary with regard to the employee's performance ofwork in a basic labour-law relationship pursuant to Section 3.
(2)
A personal file of an employee may only be inspected by managerial employeessuperior to such employee. The right to inspect personal files also pertains to the competentLabour Inspectorate body, the Labour Office of the Czech Republic, the Personal Data
Protection Office, courts, public prosecutors, the competent body of the Police, the National
Security Agency and intelligence agencies. It shall not be regarded as inspection of a personal
file where an individual document from the file is submitted by the employer to an outside
inspection body carrying out an inspection of the employer if the inspection body asked forsuch document in connection with the subject-matter of the inspection.
(3) Every employee is entitled to inspect his own personal file, make excerpts therefrom
and copies of the documents kept there at the employer’s cost.

Section 313(1) Upon the termination of an employment relationship or a legal relationshipestablished by an agreement to perform work or agreement to complete a job, if the agreement
to complete a job established participation in sickness insurance pursuant to another legal
regulation114) or if the remuneration from this agreement has been subject to judicial or nonjudicial execution by deductions from wages116) the employer is obliged to issue an employment
certificate to the employee and state it in it:(a) the data on employment, whether it was an employment relationship, an agreement tocomplete a job or an agreement to perform work, and their duration;(b) the type of work performed;(c) the qualification achieved;(d) the time worked and other facts decisive for achieving the maximum permissible exposuretime;(e) whether deductions are made from the employee’s salary, the body that ordered the
deductions, in whose favour, the amount of the receivable for which the deductions are to befurther made, the amount of deductions made so far and the order of the receivable;(f) the data on the computable period of employment in work category 1 and 2 for the period
before 1 January 1993 for the purposes of pension insurance.
(2) Data on the amount of average earnings, whether the employment relationship, theagreement to complete a job or the agreement to perform work was terminated by the employer
due to breach of obligations arising from legal regulations relating to work performed by theemployee in a particularly gross manner or due to breach of other obligations of the employee
under Section 301a in a particularly gross manner, and on other facts decisive for the assessmentof entitlement to unemployment benefits90) shall be provided by the employer in a separate
certificate at the request of the employee.
Section 314(1) If an employee requests the employer to issue a report on work activities (workreport), the employer is obliged to issue this report to the employee within 15 days; however,
the employer is not obliged to issue it to him earlier than two months before the end of his
employment. A work report comprises all documents concerning the evaluation of an
employee’s work, his qualifications, abilities and other facts that are related to the performanceof work.
(2) The employer is entitled to provide information about the employee other than thatwhich may be the content of the work report (subsection (1), second sentence) only with his
consent, unless otherwise provided by a special legal regulation.
Section 315
If the employee does not agree with the content of the work certificate or work report,

he may, within 3 months from the day he learned of their content, apply to the court to order
the employer to adjust it accordingly.
TITLE VIIIPROTECTION OF THE EMPLOYER’S PROPERTY INTERESTS AND PROTECTION OF
THE EMPLOYEE’S PERSONAL RIGHTS
Section 316(1) Employees may not use the employer’s means of production and work, including
computer technology or its telecommunications equipment, for their personal use without theconsent of the employer. The employer is entitled to adequately control compliance with theprohibition under the first sentence.
(2) The employer may not, without a serious reason based on the special nature of theemployer’s activities, infringe on the employee’s privacy at the employer’s workplaces andcommon areas by subjecting the employee to open or covert surveillance, eavesdropping andrecording of his telephone calls, e-mails or letters addressed to the employee.
(3) If the employer has a serious reason based on the special nature of the employer’s
activities which justifies the introduction of control mechanisms under subsection (2), theemployer is obliged to directly inform the employee about the scope of control and methods of
its implementation.
(4) The employer may not request from the employee information that is not directly
related to the performance of work and the basic labour-law relationship specified in Section 3.
It may especially not require information on:(a) pregnancy;(b) family and property relations;(c) sexual orientation;(d) origin;(e) membership in a trade union organisation;(f) membership in political parties or movements;(g) affiliation to a church or religious society;(h) criminal record;with the exception of paragraphs (c), (d), (e), (f) and (g), this shall not apply if there isa factual reason for doing so, consisting in the nature of the work to be performed, and if thisrequirement is reasonable, or where this law or a special legal regulation so provides. The
employer may also not obtain this information through third parties.
TITLE IX

SPECIFIC NATURE OF WORK OF CERTAIN EMPLOYEES, EXCLUSION OF
LABOUR-LAW RELATIONSHIPS AND POSTING AN EMPLOYEE IN THE
TERRITORY OF ANOTHER MEMBER STATE OF THE EUROPEAN UNION
Section 317
The labour-law relationships of an employee who does not work at the employer’s
workplace but performs the agreed work for him in accordance with the agreed conditions
during working hours which he schedules himself are governed by this Act however:(a) he is not subject to working hours schedule, idle time or interruption of work caused byadverse weather conditions;(b) in the event of other significant personal obstacles to work, he shall not be entitled tocompensatory wage or salary, unless otherwise provided by implementing legislation (Section
199(2)) or in the case of compensatory wage or salary pursuant to Section 192; for the purposeof providing compensatory wage or salary in accordance with Section 192 the schedule ofworking hours into shifts, which the employer is obliged to determine for this purpose, apply
to this employee;(c) he is not entitled to wage or salary or compensatory time off for overtime work orcompensatory time off or compensatory wage or bonus for work on a public holiday.
Section 317a
Shared job(1) An employer may enter into agreements with two or more employees with reduced
working hours and the same type of work, according to which employees themselves schedule
working hours in shifts at a shared job by mutual agreement so that each of them on the basisof a common working hours schedule fills the average weekly working time at the latest in thefour-week balancing period. The sum of the weekly working hours of the employees in one
shared job may not exceed the length of the scheduled weekly working hours; however, thisshall not apply in the case of substitution of an employee under subsection (4).
(2) Agreements pursuant to subsection (1) must be concluded in writing with each
employee and must contain more detailed conditions for the organization of working hours.
(3) Employees are obliged to submit to the employer a joint written working hours
schedule at the shared job at least 1 week before the beginning of the period for which theworking hours are scheduled. If the employees do not submit a joint working hours schedule,
the employer shall determine the working hours schedule into shifts without undue delay.
Employees are obliged to inform the employer in writing of any changes to the schedule at least
two days in advance unless they agree with the employer on another time.
(4) The employer may require the employee to substitute an absent employee at thesame shared job only if the employee has given his consent in the agreement pursuant tosubsection (1) or for a specific case.
(5) The obligation under the agreement pursuant to subsection (1) may be terminatedby a written agreement between the employer and the employee as of the agreed date. Thisobligation may also be terminated in writing by the employer or employee for any reason, orwithout giving any reason, with a 15-day period of notice beginning on the date on which thenotice was delivered to the other party.
(6) If the obligation under the agreement pursuant to subsection (1) of at least one
employee terminates, the working regime of the shared job shall apply to the other employees
in the same shared job until the end of the current balancing period.
Section 318
The basic labour-law relationship provided in Section 3 may not be between spouses orpartners51a).
Section 319(1) If an employee of an employer from another Member State of the European Union
is sent to perform work within the transnational provision of services in the territory of the
Czech Republic, the legislation of the Czech Republic shall apply to him as regards:(a) maximum working hours and minimum rest periods;(b) the minimum length of annual leave per calendar year or a proportional part thereof;(c) the minimum wage, the relevant minimum level of the guaranteed wage, wage components
set out in Sections 114 to 118 or salary components set out in Sections 123 to 130 and Sections
132, 133 and 135;(d) occupational safety and health;(e) working conditions of pregnant female employees and lactating female employees andfemale employees up to the end of the ninth month after childbirth and adolescent employees;(f) equal treatment of female and male employees and non-discrimination;(g) working conditions in agency employment;(h) conditions of accommodation, if provided by the employer to the employee;(i) reimbursement of travel expenses in connection with the performance of work, provided thatthe usual place of work in the territory of the Czech Republic is considered a regular workplace.
The first sentence shall not apply if the rights under the legislation of the Member Stateof the European Union from which the employee was posted to work within the transnational
provision of services are more advantageous to him. Advantage is assessed for each right arisingfrom the labour-law relationship separately.
(2) The provisions of subsection (1)(b) and (c) shall not apply if the period of postingof the employee to perform work within the transnational provision of services in the Czech
Republic does not exceed a total period of 30 days in a calendar year. This does not apply if theemployee is posted to perform work within the transnational provision of services by anemployment agency.
(3) The payment of wage or salary up to the amount pursuant to subsection (1)(c) to an
employee of an employer from another Member State of the European Union posted to perform
work within the transnational provision of services in the Czech Republic is guaranteed by aperson to whom, on the basis of a contract, the employer established in another Member Stateof the European Union sent the employee to perform tasks arising from this contract, if:(a) the remuneration for work up to the amount referred to in subsection (1)(c) has not been
paid by the employer established in another Member State of the European Union to an
employee posted to perform work within the transnational provision of services in the territoryof the Czech Republic;(b) the employer referred to in paragraph (a) has been fined for an offence under Section
13(1)(b) or Section 26(1)(b) of Act No 251/2005, on labour inspection, as amended;(c) that person knew or should have known exercising reasonable care of the failure to provide
remuneration.
If the actual length of work is not proven, the employee who was sent to the territory of
the Czech Republic to perform work within the transnational provision of services is presumed
to have performed the work for 3 months.
(4) Subsection (1) and subsection (2) of the first sentence shall by analogy to a foreign
national who holds an intra-corporate transferee card115) and a foreign national referred to in
Section 98(s) of the Employment Act. Section 43a(6) shall apply to the remuneration of foreign
nationals provided in the first sentence by analogy.
Section 319a(1) If the posting of an employee in accordance with Section 319(1) exceeds a period of
12 months, it shall be subject, in addition to the conditions set out in Section 319(1) first
sentence, also to other regulation of performance of work in an employment relationship in
accordance with this Act, with the exception of regulation concerning the establishment, change
and termination of employment. Section 319(1) second sentence and third sentence apply byanalogy.
(2) The period referred to in subsection (1) shall be extended to 18 months if theemployer referred to in Section 319(1) which applies Section 87(2) of the Employment Act
notifies before the expiry of the period referred to in subsection (1) that the posting of theemployee will exceed that period and at the same time states the reasons for exceeding it.
(3) If the employer posts an employee referred to in Section 319(1) to substitute another
employee, all periods of posting of these employees, provided that they have performed or are
performing the same duties in the same place, shall be added together for the purposes ofassessing the period referred to in subsection (1) or subsection (2). The performance of the sametask at the same place is assessed with regard to the nature of the work performed, the natureof the service provided and the place of its performance.
TITLE XAUTHORIZATION OF TRADE UNION ORGANISATIONS, EMPLOYERS’
ORGANIZATIONS, SUPPORT FOR MUTUAL NEGOTIATIONS OF TRADE UNIONORGANISATIONS AND EMPLOYERS’ ORGANIZATIONS AND INSPECTION IN
LABOUR-LAW RELATIONSHIPS
Section 320(1) Draft laws and drafts of other legal regulations concerning important interests ofworkers, especially economic, production, labour, wage, cultural and social conditions, shall be
discussed with the relevant trade union organisations and the relevant employers’ organizations.
(2) The central administrative authorities that issue implementing labour-law
regulations shall do so after discussing them with the relevant trade union organization and withthe relevant employers’ organization.
(3) Competent State authorities shall discuss with trade union organisations issues
relating to the working and living conditions of employees and provide trade union
organisations with the necessary information.
(4) Trade union organisations acting in labour-law relationships on behalf of employeesof the State6), publicly co-funded organizations15),92), state-owned funds14) and territorial selfgoverning units40) have the right in particular to:(a) act and issue opinions on proposals concerning the conditions of employment of employees
and the number of employees;(b) make proposals, act and give opinions on proposals concerning the improvement of working
conditions and remuneration.
Section 320a
Based on an agreement in the Council of the Economic and Social Agreement, the State
pays the contribution to trade union organisations and employers' organizations for:(a) the promotion of mutual negotiations at the national or regional level, which concern theimportant interests of workers, in particular economic, production, labour, wage and social
conditions;(b) measures to prevent the risk of injury to employees as a result of an industrial injury or an
occupational disease.
Section 321
Trade union organisations ensure compliance with this Act, the Employment Act, legal
regulations on occupational safety and health and other labour-law legislation.
Section 322(1) Trade union organisations may inspect the state of occupational health and safety inindividual employers. The employer shall enable the trade union organisation to take inspectionactions and for this purposea) it ensures a possibility of the verification of how the employer fulfils is obligations in thecare of occupational health and safety and whether he continuously creates the conditions forsafe work free of health risks,b) it ensures a possibility of regularly verify the workplace and equipment of employers for
employees and inspect the employers' management of personal protection equipment,c) it ensures a possibility of the verification whether the employer duly investigates workrelated injuries,d) it ensures a possibility of participating in detecting the causes of work-related injuries andwork-related diseases, or, clarifying them, if appropriate,e) it makes it possible to take part in dealings regarding the occupational health and safety
questions.
(2) The costs incurred in the exercise of inspection of occupational safety and health,including the costs of training to improve the qualifications of union labour safety inspectors
authorized to exercise this inspection, shall be borne by the State on the basis of an agreementwith the trade union organisation.
Section 323
The performance of control in labour-law relationships is regulated by special legal
regulations36).

Section 324
Trade union organisations and employers’ organizations are considered to be publicly
beneficial legal persons.
TITLE XII
DEATH OF AN EMPLOYEE
Section 325
repealed

Section 326
repealed

Section 327

repealed

Section 328(1) An employee’s monetary rights do not cease to exist upon his death. Wage and salaryrights from the labour-law relationship specified in Section 3 second sentence of up to threetimes his average monthly earnings pass successively to his husband, children and parents, if
they lived with him in the same household at the time of death; in the absence of these persons
they become the subject of inheritance.
(2) The monetary rights of the employer cease to exist upon the death of the employee,with the exception of rights which have been finally decided or which were recognized inwriting by the employee before his death, both in terms of reasons and amount, and rights tocompensation for intentional damage.
TITLE XIII
EXTINCTION OF RIGHT, REPAYMENT OF UNDUE PAYMENTS AND EXPIRATION
OF PERIOD
Section 329
repealed

Section 330
A right, because it was not exercised within the set time limit, only becomes extinct in
the cases specified in Section 39(5), Section 57, Sections 58, 59, 72, Section 315 and Section
339a(1).
Section 331
The employer may demand the return of unduly paid amounts only if the employee
knew or must have assumed given the circumstances that the amounts were incorrectly
determined or erroneously paid, within 3 years from the date of their payment.
Section 332
If there is an obstacle due to which the time limit set by this Act does not run, it does
not affect its original duration. If, after the obstacle has ceased, less than 5 days remain before
the expiry of the time limit, that period shall not end earlier than 10 days from the date on which
it resumed.
Section 333
The period begins on the first day and ends on the last day of the specified or agreed
period; this also applies if the expiration of the period is required for the creation or extinctionof a right.

TITLE XIV
DELIVERY

Section 334
General provisions on delivery by the employer(1) Documents concerning the creation, changes and termination of employment oragreements on work performed outside the employment relationship, removal from the positionof a managerial employee, important documents concerning remuneration, which are the wage
statement (Section 113(4)) and salary statement (Section 136) and a record of a breach of
regime of an insured person with temporary incapacity for work (hereinafter the “document”)
must be delivered to the employee in person.
(2) The document is delivered by the employer to the employee to his own hands at theworkplace; if this is not possible, the employer may deliver it to the employee:(a) wherever the employee can be found;(b) through a postal service provider;(c) through an electronic communications network or service; or(d) through a data box.
(3) If the employer does not deliver the document through the electronic
communications network or service or through a postal service provider, the document shall bedeemed to have been delivered also if the employee refuses to receive the document.
(4) If the document is delivered through a postal service provider, the employer shallselect such a postal service that the concluded postal contract94) includes the obligation todeliver the consignment containing the document under the conditions laid down by this Act.
Section 335
Delivery by the employer through an electronic communications network or service(1) The employer may deliver a document via an electronic communications networkor service only if the employee has given his written consent to this method of delivery and has
provided the employer with an electronic address for delivery.
(2) A document delivered through an electronic communications network or service
must be signed with a recognized electronic signature95).
(3) A document delivered through an electronic communications network or service isdelivered on the day when the employee confirms the receipt to the employer by a data message
signed by his recognized electronic signature95).

(4) Delivery of a document through an electronic communications network or service isineffective if the document sent to the employee’s electronic address is returned to the employer
as undeliverable or if the employee has not confirmed its receipt to the employer by a data
message signed by his recognized electronic signature within 3 days95).
Section 335a
Delivery by the employer through a data box
The employer may deliver the document via a data box only if the employee has given
his written consent to this method of delivery. If the employee does not log in to the data box
within a time limit of ten days from the date of delivery of the document to the data box, thedocument is considered delivered on the last day of this time limit.
Section 336
Delivery by the employer through a postal service provider(1) A document delivered by the employer through the postal service provider shall besent by the employer to the last address of the employee, which the employee communicatedto the employer in writing. The document may also be delivered to the person designated by
the employee to accept the document on the basis of a written power of attorney with theemployee’s officially verified signature96).
(2) Delivery of an employer’s document delivered via a postal service operator must be
evidenced by a written record of delivery.
(3) If the employee to whom the document is to be delivered through the postal service
provider has not been found, the document shall be deposited in the postal service provider'spremises or at the municipal office. The employee will be asked to collect the document within
15 days by a written notice of unsuccessful delivery of the document; at the same time he will
be told where, from what day and at what time he can pick up the document. The notice referred
to in the second sentence must also inform the employee of the consequences of refusing toaccept the document or of failing to provide the assistance necessary for the service of the
document.
(4) The obligation of the employer to deliver the document is fulfilled as soon as theemployee receives the document. If the employee does not collect the document (subsection 3)
within 15 days, it shall be deemed to have been received on the last day of that time limit; theundelivered document will be returned to the sending employer. If the employee thwarts thedelivery of the document through the postal service provider by refusing to accept theconsignment containing the document or by not providing the cooperation necessary for thedelivery of the document, the document shall be deemed to have been delivered on the day on
which the delivery of the document was thwarted. The employee must be informed by thecourier about the consequences of refusing to receive the document.
Section 337
Delivery of a document addressed to the employer by the employee(1) An employee usually delivers a document addressed to the employer by personaldelivery at the employer’s registered office. At the request of the employee, the employer isobliged to confirm the delivery of the document according to the first sentence in writing.

(2) If the employer agrees, the employee may deliver the document for the employer via
the electronic communications network or service to the electronic address notified to theemployee for this purpose by the employer; the document addressed to the employer must be
signed by a recognized electronic signature of the employee95).
(3) Delivery of a document addressed to the employer is fulfilled as soon as it is takenover by the employer. If the employer refuses to take over the document, does not cooperate orotherwise thwarts the delivery of the document at the place of residence or place of business ofthe employer, the document is considered delivered on the day when such a fact occurred.
(4) A document addressed to the employer delivered via an electronic communications
network or service is delivered on the day when the employer confirms its takeover to theemployee by a data message signed by its recognized electronic signature or sealed by its
recognized electronic seal95).
(5) Delivery of a document addressed to the employer via an electronic communications
network or service is ineffective if the document sent to the employer’s electronic address isreturned to the employee as undeliverable or if the employer has not confirmed its takeover tothe employee within three days of sending by a data message signed by its recognised electronic
signature or sealed by its recognized electronic seal95).
(6) If the employer agrees, the employee may deliver the document addressed to theemployer via a data box. A document delivered via a data box is delivered on the day the
document is delivered to the data box. Subsections (4) and (5) shall not apply.
TITLE XVPASSAGE OF RIGHTS AND OBLIGATIONS FROM LABOUR-LAW RELATIONSHIPS
AND EXTINCTION OF RIGHTS AND OBLIGATIONS FROM LABOUR-LAW
RELATIONSHIPS AND PASSAGE OF EXERCISE OF RIGHTS AND OBLIGATIONSFROM LABOUR-LAW RELATIONSHIPS
Chapter 1
Transfer of rights and obligations from labour-law relationships and extinction of rights
and obligations from labour-law relationships, if the employer is a natural person
Section 338(1) The passage of rights and obligations from labour-law relationships may occur only
in cases stipulated by this or another law.
(2) If there is a transfer of the employer’s activity or a part thereof (hereinafter the“employer’s activity”), the rights and obligations arising from the labour-law relationships shallbe transferred in full to the acquiring employer; the rights and obligations under the collective
agreement pass to the acquiring employer for the period of validity of the collective agreement,
but no later than until the end of the following calendar year.
(3) With the exception of a transfer of the employer’s activities pursuant to anotherlaw117), the rights and obligations from labour-law relationships pass to the acquiring employer
upon the transfer of the employer’s activities only if:(a) the activity is carried out after the transfer in the same or similar manner and scope;(b) the activity does not consist wholly or predominantly in the supply of goods;(c) immediately before the transfer, there is a group of employees which was intentionallycreated by the employer for the purpose of exclusive or predominant performance of activity;(d) the activity is not intended to be short-term or consist in a one-off task; and(e) a transfer is being made of property, or of the right to use or enjoy it, if such property isessential for the performance of the activity given its nature, or a substantial part of employees
used by the current employer in the performance of the activity is taken over if this activity
depends substantially only on employees, not on property.
(4) Irrespective of the legal reason for the transfer and whether there is a transfer ofownership rights, the legal or natural person who is qualified as an employer to continue toperform the activities of the current employer or activities of a similar kind is considered to be
the accepting employer.
(5) The rights and obligations of the current employer towards employees whose labourlaw relationships ceased to exist before the effective date of the passage of rights andobligations arising from labour-law relationships shall remain unaffected, unless otherwise
provided by another law21a).
Section 339(1) Before the effective date of the passage of rights and obligations from labour-law
relationships to another employer, the current employer and the accepting employer are obliged
to inform the trade union organisation and the employees’ council of this fact in good time, but
no later than 30 days before the transfer of rights and obligations to another employer, andconsult with them with a view to reaching an agreement:(a) the set or proposed date of the transfer;(b) the reasons for the transfer;(c) the legal, economic and social consequences of the transfer for employees;(d) planned measures in relation to employees;(2) If the employer does not have an active trade union organisation or an employees’
council, the current and receiving employers are obliged to inform the employees directly
affected by the transfer of the facts referred to in subsection (1) no later than 30 days before thepassage of rights and obligations to another employer.
Section 339a

(1) If an employee was given a notice of termination within a time limit of two months
from the effective date of the passage of rights and obligations from labour-law relationships
or the effective date of the passage of the exercise of rights and obligations from labour-law
relationships, or if the employee’s employment relationship was terminated by agreement
within the same time limit, the employee may seek in court a determination that the terminationof the employment relationship was due to a significant deterioration of working conditions inconnection with the passage of rights and obligations from labour-law relationships or thepassage of the exercise of rights and obligations from labour-law relationships.
(2) If the employment relationship is terminated for the reasons stated in subsection (1),the employee is entitled to severance pay (Section 67(1)).
Section 340
Section 338 and 339 also apply to cases where the transfer of the employer’s activity orpart of the employer to another employer has been decided by a superior body (Section 347(2)).
Section 341(1) Upon termination of the employer by de-merger, the successor shall assume therights and obligations arising from labour-law relationships from the current employer. Section
338(2), the part of the sentence after the semicolon, applies by analogy.
(2) If the employer is dissolved, the body which dissolves the employer shall determine
which employer is obliged to satisfy the claims of the employees of the dissolved employer, or
to assert its claims. If dissolution of an employer also includes its liquidation, a special legal
regulation97) shall apply.
(3) If, in accordance with Section 338, a transfer is made of an employer whose
management functions in the performance of tasks are exercised by a superior body (Section
347(2)) on the expiry of a period or attainment of the purpose for which it was established, thatbody shall determine to which employer its rights and obligations from labour-law relationships
shall pass.
Section 342(1) The death of a natural person who is an employer terminates the basic labour-law
relationship (Section 48(4)); this does not apply in the case of continuing a licensed trade. If theentitled person does not intend to continue the licensed trade in accordance with Section
13(1)(b), (c) and (e) of the Licensed Trades Act or the continuation of the provision of healthservices in accordance with the Health Services Act, the basic labour-law relationshipterminates if no action is taken within a time limit of three months from the date of death of theemployer.
(2) The regional branch of the Labour Office with competence according to the place ofactivity of the employer pursuant to subsection (1) shall issue a certificate of employment at therequest of the employee whose employment relationship or agreement to perform work
terminated, on the basis of documents submitted by this employee.
Chapter 2

Passage of the exercise of rights and obligations from labour-law relationships
Section 343(1) If a special legal regulation provides that a State organizational unit7) terminates bymerger, either by acquisition or by the formation of a new person, with another State
organizational unit, the exercise of rights and obligations from labour-law relationships passes
in full to the receiving State organizational unit.
(2) If a special legal regulation provides that a State organizational unit terminates byde-merger, the exercise of rights and obligations from labour-law relationships shall pass to the
newly created State organizational units. A special legal regulation provides which of the newly
created State organizational units take over from the existing State organizational unit theexercise of rights and obligations arising from labour-law relationships which ceased to exist
by the date of its de-merger.
(3) If a special legal regulation provides that a State organizational unit is established
for a fixed period, this regulation shall also provide to which State organizational unit theexercise of rights and obligations from labour-law relationships passes upon the termination of
the State organizational unit by the expiry of this period. If a State organizational unit
established by a decision of the founder for a fixed period terminates by the expiry of the period,
the exercise of rights and obligations from labour-law relationships passes to the founder unlessthe founder decides that these rights and obligations will be exercised by another State
organizational unit established by it.
Section 344(1) If a special legal regulation provides that a part of a State organizational unit7) istransferred to another State organizational unit, the exercise of rights and obligations fromlabour-law relationships concerning this part of the State organizational unit passes to thereceiving State organizational unit. If, according to the founder’s decision, a part of a State
organizational unit is transferred to another State organizational unit in connection with thechange of the formation deed, the exercise of rights and obligations from labour-law
relationships concerning this part of the State organizational unit passes to the receiving State
organizational unit. Section 338(2), the part of the sentence after the semicolon, applies byanalogy.
(2) The rights and obligations arising from those labour-law relationships towards theemployees of the part of the State organizational unit transferred pursuant to subsection (1)which terminated by the date of the transfer shall be exercised by the existing State
organizational unit.
Section 345(1) If a special legal regulation provides that a State organizational unit7) is terminated,
this regulation shall also provide the State organizational unit to which the exercise of rights
and obligations from labour-law relationships of employees of the terminated State
organizational unit passes and which State organizational unit7) satisfies the claims of theemployees of the terminated State organizational unit7) or asserts claims against such

employees.
(2) If, according to the decision of the founder, a State organizational unit isterminated7), the exercise of rights and obligations arising from labour-law relationships passes
from the terminated State organizational unit7) to the founder, unless the founder has decided
that these rights and obligations will be exercised by another State organizational unit7)
established by it.
Section 345a
Sections 339 and 339a apply by analogy.
TITLE XVISPECIAL REGULATION OF THE EMPLOYMENT RELATIONSHIP OF EMPLOYEESWITH A REGULAR WORKPLACE ABROAD
Section 346
The Government may, in a Decree, provide for a derogating regulation of an
employment relationship of employees with a regular workplace abroad, including the rights of
employers and the obligations of employees with regard to:(a) the possibility of repeated extension of a fixed-term employment relationship abroad,including the possibility of arranging the duration of the fixed-term employment relationshipalso for the period of posting abroad;(b) the conditions:
1. of different working hours schedule abroad, including as regards non-working days (Section
91);
2. of restriction of the employee’s movement for security reasons within the employer’s
registered office abroad.
TITLE XVIICERTAIN PROVISIONS ON OBLIGATIONS AND INTERPRETATION OF CERTAIN
TERMS
Section 346a
repealed

Section 346b
(1) The employer may not impose or require financial penalties on the employee forbreach of the obligation arising from the basic labour-law relationship; this does not apply todamage for which the employee is liable.
(2) The employer may not transfer the risk from the performance of dependent work tothe employee.
(3) The employer may not require a financial guarantee from the employee inconnection with the performance of dependent work.
(4) The employer may not punish or disadvantage the employee in any way because heis lawfully claiming his rights arising from labour-law relationships.
Section 346c
The employee may not release the employer from the obligation to provide him withwage, salary, remuneration from an agreement and their compensation, severance pay,
remuneration for on-call duty and reimbursement of expenses due to the employee inconnection with the performance of work.
Section 346d
(1) It is not possible to establish a security interest on a debt from a basic labour-law
relationship which is to be incurred towards the employer in the future. It is not possible toestablish a security interest on a thing of which the employee acquires ownership in the future.
(2) Neither the employer nor the employee may retain a movable thing of the other party
to secure a debt arising from the basic labour-law relationship.
(3) Neither the employee nor the employer may be obliged to enter into a contract witha third party if its content is to include the rights and obligations of the employee or employer.
(4) It is not possible to assign to another a receivable from a basic labour-law
relationship that the employee has towards the employer or the employer towards the employee.
It is not possible to assign an employment contract or an agreement on work performed outside
the employment relationship.
(5) A debt that the employee has towards the employer or the employer towards theemployee may not be assumed by another person.
(6) Employees may not undertake to fulfil their obligations jointly and severally.
(7) A contractual penalty may be agreed only if this Act so provides.
Section 346e
If the parties derogate from the regulation in Sections 346b to 346d, it shall be
disregarded.
Section 347(1) The risk of occupational disease means such changes in the state of health whicharose during the performance of work due to the adverse effect of the conditions under which
occupational diseases arise98), but they do not reach such a degree of damage to the state ofhealth that can be considered an occupational disease, and further work under the same

conditions would lead to an occupational disease. A medical report on the risk of occupational
disease is issued by the health service provider competent to issue a medical report on an
occupational disease99). The Government may determine by a Decree which changes to the stateof health constitute a risk of occupational diseases and the conditions under which they arerecognized.
(2) For the purposes of this Act, a superior body shall mean a body which, in accordancewith special legal regulations, is entitled to exercise managing powers over the employer in theperformance of its tasks.
(3) For the purposes of Section 215(4)(c) employees who are exposed to the adverse
effects of ionizing radiation at work are considered to be category A radiation workers pursuant
to the Atomic Act.
(4) For the purposes of this Act, quarantine also means isolation99b) and emergency
measures in the event of an epidemic and the risk of its occurrence in accordance with the Public
Health Protection Act and amending certain related laws as regards the prohibition or restrictionof contact between groups of natural persons suspected of being infected with other natural
persons and the prohibition or regulation of other specific activities to eradicate the epidemicor the risk of its occurrence99c), if such prohibitions, restrictions or regulations prevent
employees from performing their work.
(5) For the purposes of this Act, a household means a community of natural persons
who live together permanently and jointly cover the costs of their needs.
Section 348(1) The performance of work means the period:(a) when the employee does not work due to obstacles to work, with the exception of nonworking time provided at the employee’s request, if compensatory work has been agreed inadvance, and the period during which the work was interrupted due to adverse weather
conditions;(b) holidays;(c) when the employee takes compensatory time off for overtime or holiday work;(d) when the employee does not work because there is a holiday for which he is entitled tocompensatory wage, or for which his wage or salary is not reduced.
(2) Subsection (1) and Section 216(2) and (3) shall not apply for the purposes of theright to wage or salary and remuneration from an agreement or to the reimbursement ofexpenses in connection with the performance of work.
(3) The determination of unexcused missed work is made by the employer after
consultation with the trade union organisation.
Section 349

(1) Legal and other regulations to ensure occupational safety and health are regulations
for the protection of life and health, hygienic and anti-epidemic regulations, technicalregulations, technical documents and technical standards, building regulations, traffic
regulations, fire protection regulations and regulations on the treatment of flammable
substances, explosives, weapons, radioactive substances, chemicals and chemical mixtures andother substances harmful to health, in so far as they deal with matters relating to the protectionof life and health.
(2) Instructions for ensuring occupational safety and health are specific instructions
given to employees by superior managerial employees.
(3) Designating an employee to a post for the purposes of Section 113(2) and Section
122(2) means, in relation to the employer, the conclusion of an employment contract or
appointment.
Section 350(1) Single means unmarried, widowed or divorced women, single, widowed or divorced
men and women and men who are single for other serious reasons, if they do not live with aspouse or partner51a).
(2) Adolescent employees are employees under the age of 18.
Section 350a
For the purposes of this Act, a week means seven consecutive calendar days.
Section 350b
For the purposes of this Act, another Member State of the European Union shall meana State which is a party to the Agreement on the European Economic Area.
TITLE XVIIIAVERAGE EARNINGS
Chapter 1
General provisions
Section 351
If the basic labour-law relationships referred to in Section 3 are to use average earnings,
they must be determined only in accordance with this Title.
Section 352
The average earnings of an employee means the average gross earnings, unlessotherwise provided by labour-law regulations.

Section 353(1) The average earnings shall be determined by the employer from the gross wage orsalary accounted for the employee for payment in the decisive period and from the time worked
in the relevant period.
(2) The time worked means the period for which the employee is entitled to a wage orsalary.
(3) If the wage or salary for overtime work is accounted (Section 114(2) and Section
127(2)) in a decisive period other than that in which the work was performed, the hours worked
in accordance with subsection (2) shall also include the hours of overtime work for which thewage or salary is provided.
Chapter 2
Decisive period
Section 354(1) Unless otherwise provided in this Act, the decisive period is the previous calendar
quarter.
(2) The average earnings shall be determined on the first day of the calendar monthfollowing the decisive period.
(3) When starting a job during the previous calendar quarter, the decisive period is thetime from the beginning of the job to the end of the calendar quarter.
(4) When applying a working time account (Sections 86 and 87) the decisive period is
the previous 12 consecutive calendar months before the start of the balancing period (Section
86(3)).
Chapter 3
Probable earnings
Section 355(1) If the employee has not worked at least 21 days in the decisive period, the probableearnings shall be used.
(2) The employer shall determine the probable earnings from the gross wage or salarywhich the employee has achieved since the beginning of the decisive period, or from the grosswage or salary which he would probably have achieved; in doing so, account shall be taken, inparticular, of the usual amount of the individual components of the employee’s wage or salary
or of the wage or salary of employees performing the same work or work of equal value.
Chapter 4

Forms of average earnings
Section 356(1) Average earnings are determined as average hourly earnings.
(2) If the average gross monthly earnings are to be applied, the average hourly earnings
are converted to one month according to the average number of working hours per one monthin the average year; the average year for this purpose is 365.25 days. The employee’s averagehourly earnings are multiplied by the employee’s weekly working hours and by a factor of
4,348, which expresses the average number of weeks per month in an average year.
(3) If the average monthly net earnings are to be applied, these earnings shall be
determined from the average monthly gross earnings by deducting the social security premiumand the contribution to the state employment policy100), general health insurance premiums101)
and advances on personal income tax from dependent activity102), calculated according to theconditions and rates applicable to employees in the month in which the average monthly net
earnings are determined.
Chapter 5
Common provisions on average earnings
Section 357(1) If the average earnings of an employee are lower than the minimum wage (Section111) or the relevant minimum level of guaranteed wages (Section 112) to which employees
would become entitled in the calendar month in which the need to claim average earnings arose,
the average earnings would increase to the amount corresponding to that minimum wage or the
relevant lowest level of guaranteed wage; this also applies to the application of probableearnings (Section 355).
(2) For an employee whose employment contract has been changed due to a risk of an
occupational disease or to achieve the maximum permissible exposure and whose occupational
disease was detected only after this change, the calculation of compensation for loss of earnings
shall be based on the average earnings determined last before the change of the employment
contract, if it is more advantageous for the employees.
Section 358
If, in the decisive period, an employee is accounted for payment a wage or salary or part
thereof which is provided for a period longer than a calendar quarter, the proportional part ofthe calendar quarter shall be determined for the purpose of determining average earnings; theremaining part(s) of this wage or salary shall be included in the gross wage or salary when the
average earnings in the next period(s) are determined. The number of additional periods isdetermined by the total time for which the wage or salary is provided. For the purposes ofdetermining average earnings, the gross wage or salary shall include in the decisive period the
proportion of the wage or salary according to the first sentence corresponding to the time
worked.

Section 359
Where, according to the law, the average earnings of pupils or students or natural
persons with disabilities are used in connection with compensation for damage103) who are not
employed and whose training for the profession (activities) is carried out according to special
legal regulations, the amount of average earnings in accordance with Section 357 is used.
Section 360
repealed

Section 361
The determination of the average earnings of an employee working on the basis ofagreements on work performed outside the employment relationship is governed by this Act. If
the one-off payment of the remuneration from an agreement is agreed only after the completionof the entire work task, the decisive period (Section 354(1)) is the entire period of duration of
the agreed work task.
Section 362(1) For the purposes of determining average earnings, wage or salary is considered toinclude remuneration from an agreement, remuneration or other income provided to an
employee for work in his employment performed in an employment relationship other than thelabour-law relationship specified in Section 3 second sentence, unless otherwise provided by aspecial law.
(2) If an employee performs work for the same employer in more than one basic labourlaw relationship specified in Section 3 or in several labour-law relationships, the wage, salaryor remuneration in each basic labour-law relationship referred to in Section 3 or employment
relationship, is assessed separately.
TITLE XIXPROVISIONS ESTABLISHING EUROPEAN UNION REGULATIONS
Section 363
Provisions transposing European Union legislation are Section 16(2) and (3), Section
30(2), Section 37(1) to (4), Section 39(2) to (6), Section 40(3), Section 41(1) in the first part ofthe provision and paragraphs (c), (d), (f) and (g), Section 47 consisting of the words “if a female
employee commences work after the end of maternity leave or a male employee commences
work after the end of parental leave within the period during which a female employee isentitled to take maternity leave, the employer is obliged to assign them to their original work
and workplace”, Section 51a, Section 53 (1) consisting of the words “It is prohibited to givenotice to an employee” and paragraph (d), Section 54(b) consisting of the words “this does not
apply to a pregnant female employee, a female employee on maternity leave or a male employee
on parental leave until the end of the period for which a woman is entitled to take maternity
leave”, Section 54(c) consisting of the words “unless it concerns a female employee onmaternity leave or a male employee on parental leave until the end of the period for which awoman is entitled to take maternity leave”, Section 54(d) consisting of the words “a pregnant
female employee, a female employee on maternity leave, or a female or male employee on
parental leave”, Section 62 to 64, Section 78(1)(a) to (f), (j), (k) and (m) consisting of the words“the average weekly working hours for a period of no more than 26 consecutive weeks may notexceed the scheduled weekly working hours”, the words “no more than 26 consecutive weeks”
and the sentence “Only a collective agreement may extend this period to a maximum of 52
consecutive weeks.”, Section 79(1), Section 79a, 81, Section 85(4) consisting of the words "theaverage weekly working hours must be completed in the balancing period determined by theemployer, but no later than in the period specified in Section 78(1)(m)”, Section 86(3) and (4),Section 88 (1) and (2), Section 90, 90a, Section 92(1), (3) and (4), Section 93(2) second sentence
and subsection (4), Section 94, Section 96 (1)(a) subparagraphs 1 and 2 and subsections (2),Section 97(2) consisting in the words “In cases provided in Section 203(2)(a)”, Section 101,
102, 103, 104, Section 105(1) consisting in the words “The employer on whose premises anindustrial injury has occurred shall investigate the causes and circumstances of the injury”,
subsection (3)(a), subsections (4) and (7), Section 106(1) to (3) and subsection (4)(a), (c), (d),(f) and (g), Section 108 (2), (3), (6) and (7), Section 110(1), Section 113(4), Section 136(2),Section 191 consisting of the words “The employer shall excuse the absence of his employee
from work during a period of giving treatment to a child whose age is below 10 years or anothernatural person as laid down in Section 39 of the Sickness Insurance Act and for a period ofnursing a child younger than 10 years for reasons laid down in Section 39 of the Sickness
Insurance Act or because a natural person who otherwise nurses a child could not take care ofthis child because this person underwent a medical examination or treatment at a health careservices provider and this could not be arranged outside the employee’s working hours”,
Sections 191a, 195, 196, Section 197(3) first sentence consisting of the words “The entitlement
to parental leave commences on the day when the child has been taken into foster care until the
day when the child reaches the age of three years" and of the words "is entitled to parental
leave" and second and third sentences, Section 198(1) to (4), as regards parental leave, Section
199(1), Section 203(2)(a)), Section 212(1) and (4), Section 213(1) and (2), Section 215(1)consisting of the words “and, if he has worked under these conditions for reduced weekly
working hours, shall be entitled to supplementary annual leave corresponding to the reduced
weekly working hours.”, Section 215(2) and (7), Section 217(4), as regards parental leave,
Section 218(1), Section 222(2), Section 229(1) consisting of the words “practical training shallbe considered as performance of work for which an employee is entitled to wage or salary.”,
Section 238(1) and (2), Section 239, Section 240(1), Section 241(1) and (2), Section 245(1),Section 246(2) first sentence, Section 247, 265, 267 to 271e, 271g to 271j, Section 273(2)consisting of the words “member of the European Works Council, a member of the negotiating
committee”, Section 276(1) first sentence and (2) to (6) and (8), Section 277 consisting of thewords “The employer is obliged to create, at its expense, the conditions for the proper
performance of the activities of the employees’ representatives”, Section 278(1) to (3) and (4)second sentence and third sentence, Section 279(1)(a), (b), (e) to (h) and subsection (3), Section
280(1)(a) to (f), Section 281(5), Section 288 to 299, Section 308(1) in the initial part of theprovision and paragraph (b), Section 309(4) and (5), Section 309a, Section 316(4) consisting of
the words “The employer may not request from the employee information” and paragraphs (a),(c), (d), (e), (g) and (h) and also of the words “this shall not apply if there is a factual reason for
doing so, consisting in the nature of the work to be performed, and if this requirement isreasonable”, Sections 319, 319a, Section 338(2) to (4), Section 339(1) in the initial part of theprovision, Section 339(2), Sections 339a, 340, 345a, Section 346b(4), Section349(1), Section
350(2) and Section 350b.

PART FOURTEEN
TRANSITIONAL AND FINAL PROVISIONSTITLE I
TRANSITIONAL PROVISION
Section 364(1) This Act also governs labour-law relationships established before 1 January 2007,
unless otherwise provided in this Act.
(2) Existing legal regulations govern juridical acts concerning the establishment, change
and termination of employment relationship, an agreement to perform work or an agreement tocomplete a job, as well as other juridical acts performed before 1 January 2007, even if theirlegal effects do not occur until after that day.
(3) Employment relationships established pursuant to existing legal regulations byelection or appointment shall be deemed to be employment relationships established by an
employment contract; this does not apply in the case of an employment relationship of:(a) the head of a State organizational unit7);(b) the managing public officer and the head of office104);(c) the head of the organizational component of a State organizational unit7);(d) the director of the state enterprise13);(e) the head of an organizational component of a State-owned enterprise13);(f) the head of a State-owned fund if it is headed by an individual body14);(g) the head of a publicly co-funded organization15);(h) the head of an organizational component of a publicly co-funded organization15);(i) the director of a school legal person16); and(j) when the appointment is regulated by a special legal regulation.
(4) Claims from an industrial injury which occurred before 1 January 1993 or from an
occupational disease diagnosed before 1 January 1993 for compensation for damage whichwere finally decided or an agreement was concluded or if the compensation of damage wasprovided the satisfaction of which is not covered by the employer’s statutory liability insurance
for damage in the event of an industrial injury or an occupational disease pursuant to Act No
65/1965, the Labour Code, as amended, or compulsory contractual insurance pursuant to special
legal regulations, shall be governed by existing legal regulations, unless otherwise provided inthis Act.

(5) Claims from an industrial injury which occurred before 1 January 1993, or from an
occupational disease diagnosed before 1 January 1993, for compensation for damage whichwere finally decided or for which an agreement was concluded or if compensation for damage
was provided for which the obligation to satisfy this claim passed to the State before theeffective date of the legislation on accident insurance for employees, shall be governed by theexisting legal regulations.
(6) Claims from an industrial injury which occurred before 1 January 1993, or from an
occupational disease diagnosed before 1 January 1993, for compensation for damage which has
been finally decided or concluded or for which an agreement has been concluded or ifcompensation for damage was provided, the satisfaction of which is not covered by theemployer’s statutory liability insurance for damage in the event of an industrial injury or an
occupational disease pursuant to Act No 65/1965, the Labour Code, as amended by Act No
231/1992, or mandatory contractual insurance in accordance with special legal regulations,must, in the case of termination of the employer, be satisfied by the employer determined by
the body that terminated the employer. If the liquidation was carried out as part of thetermination of the employer, the first body carrying out the liquidation, or the State, has thisobligation according to the first sentence.
Chapter 1
Liability insurance and special provisions on the obligation to provide compensation fordamage and non-pecuniary damage
Section 365(1) From the effective date of this Act until the effective date of another legal regulationof employer’s liability insurance in the event of an industrial injury or an occupational disease,the statutory employer’s liability insurance for damage in the event of an industrial accident oran occupational disease shall be governed by Section 205d of Act No 65/1965, the Labour
Code, as amended by Act No 231/1992, Act No 74/1994 and Act No 220/2000, Decree No
125/1993 , which lays down the conditions and rates of statutory employer’s liability insurance
for damage in the event of an industrial injury or an occupational disease, as amended by Decree
No 43/1995, Decree No 98/1996, Decree No 74/2000, Decree No 487/2001 and Act No
365/2011, and Act No 182/2014.
(2) The costs of administrative overheads of insurance companies in the statutory
employer’s liability insurance for damage in the event of an industrial injury or an occupational
disease shall amount to 4% of the total volume of received premiums paid to the employer in agiven calendar year.
Section 366 - 390
repealed

Section 391(1) Pupils of a secondary school, conservatory and language school with accreditationfor State language examination or students of a higher vocational school shall be liable to thelegal person carrying out the activities of the school or school facility or to the legal or natural
person at whose workplaces practical training takes place for damage caused by them intheoretical or practical lessons or in direct connection therewith. If the damage occurred during
education outside the school facility or in direct connection with it, the pupils or students areliable for the damage to the legal person performing the activities of this school facility.
University students are liable to the higher education institution for the damage they havecaused it during their studies or practical training in the study program carried out by the higher
education institution or in direct connection with them. If the damage occurred during or in
direct connection with another legal person or natural person during the study or practicaltraining, the students are liable to the legal or natural person with whom the study or practicaltraining took place.
(2) Liability for damage incurred by children in kindergartens, primary school pupils
and primary art school pupils during teaching or in direct connection therewith lies with thelegal person performing the activities of the given school; in education outside teaching in aschool facility or in direct connection with it, the legal person performing the activity of thegiven school facility is liable for the damage.
(3) The relevant legal person performing the school’s activities is liable to pupils of
secondary schools, conservatories and language schools with accreditation for State language
examination and students of higher vocational schools for damage caused by breach of legal
obligations or injury during theoretical and practical teaching at school or in direct connection
therewith. If the damage occurred during the practical training on the premises of a legal or
natural person or in direct connection therewith, the legal or natural person with whom thepractical training took place is liable for the damage. If the damage occurred during education
outside the school facility or in direct connection therewith, the legal person performing theactivity of the school facility is liable for the damage. If the activity of a school or school facility
is performed by a State organizational unit or its part, this State organizational unit is liable forthe damage on behalf of the State.
(4) The relevant higher education institution shall be liable to its students for damage
caused to them by a breach of legal obligations or an accident during study or practical training
in a study program carried out by the higher education institution or in direct connection
therewith. If the damage occurred during the study or practical training or in direct connection
therewith with another legal person or natural person, the legal or natural person with whom
the study or practical training took place shall be liable.
(5) The relevant legal person performing the activities of a school facility shall be liable
to a natural person with ordered institutional education or imposed protective education andnatural persons in preventive educational care for damage caused to them by breach of legal
obligations or injury in carrying out this activity or in direct connection therewith.
Section 392(1) In the case of natural persons performing public functions and the officials of a tradeunion organisations, the liability for the damage incurred in the performance of the function orin direct connection therewith lies with the person for whom they were performing activities;
natural persons and officials are liable for the damage to the person for whom they performed
activities.

(2) In the case of persons with disabilities who are not in an employment relationshipand whose preparation for a future profession is carried out in accordance with special
regulations, the liability for damage caused by an industrial injury or an occupational diseaselies with the person where such training for a future profession takes place.
Section 393(1) Members of units of voluntary fire brigades of the municipality and mining rescuebrigades who suffer an injury while operating in these brigades shall have the right tocompensation for damage caused by an industrial injury. In these cases, the person with whom
the brigade is established is liable.
(2) The right to compensation for damage due to an industrial injury also lies withnatural persons who, at the request of administrative authorities or territorial self-governing unit
or commander of an intervention and according to his instructions, or with his knowledge,
personally assist in the intervention against an emergency or in the elimination of its
consequences and suffer an injury in these activities. The administrative authority ormunicipality is liable to them for the damage caused by this injury unless a special legal
regulation provides otherwise.
(3) Natural persons who voluntarily assist in the performance of important tasks in theinterest of society, such as natural persons who temporarily assist in improving municipalities
and suffer injuries during these activities, have the right to compensation for damage caused byan industrial injury. The person they worked for at the time of the accident is responsible forthe damage caused by this accident.
(4) The right to compensation for damage due to an industrial injury also lies withmembers of cooperatives who suffer an injury in the performance of their duties or in an agreed
activity for the cooperative, Red Cross paramedics, blood donors during blood donation,members of the Mountain Service, as well as natural persons who, at its request and according
to its instructions, personally assist in the rescue operation in the field, natural persons who
voluntarily perform social security care and natural persons who have been entrusted by theemployer to perform a certain function or activity if they have suffered an accident while
performing the tasks related to the performance of that function or activity. The person forwhom they were active at the time of this injury is liable for the damage caused by this injury.
Chapter 2
Application of the provisions on the compensatory wage or salary or remuneration froman agreement to perform work in the event of temporary incapacity for work
(quarantine) and certain other provisions
Section 393a
(1) Section 57, Section 66(1), second sentence and Sections 192 to 194 shall apply forthe first time from the effective date of Act No 187/2006, on sickness insurance.
(2) If a temporary incapacity for work occurred or if quarantine was ordered before theeffective date of Act No 187/2006, on sickness insurance, there is no entitlement tocompensatory wage or salary or remuneration from an agreement to perform work inaccordance with Sections 192 to 194 during this temporary incapacity for work or quarantine.

Chapter 3
Application of implementing legal regulations
Section 394
Until the issuance of implementing regulations to implement Section 104(6), Section
105(7), Section 137(3), Section 189(6), Section 238(2) and Section 246(2) and (4), thefollowing shall apply:(a) Government Decree No 495/2001 laying down the scope and detailed conditions for theprovision of personal protective equipment, washing, cleaning and disinfecting agents;(b) Government Decree No 447/2000, on the method of regulating the amount of funds spent
on salaries and remuneration for on-call duty of employees remunerated in accordance with the
Salary Act and remuneration for on-call duty in budgetary and certain other organizations andbodies,(c) Government Decree No 494/2001, which stipulates the method of registration, reporting andsending of the injury record, the model of the injury record and the list of bodies and institutions
to which the industrial injury is reported and the injury record sent,(d) Government Decree No 469/2002, which lays down the catalogue of jobs and qualification
requirements and which amends the Government Decree on the salary conditions of employees
in public services and administration, as amended,(e) Government Decree No 289/2002, which stipulates the scope and method of providing data
to the Salary Information System, as amended by Government Decree No 514/2004;(f) Government Decree No 62/1994, on the provision of reimbursement of certain expenses to
employees of budgetary and publicly co-funded organizations with a regular workplace abroad,as amended;(g) Decree No 288/2003, which lays down jobs and workplaces which are prohibited for
pregnant women, breastfeeding women, mothers until the end of the ninth month afterchildbirth and adolescents, and the conditions under which minors may exceptionally perform
such work as part of vocational training.
TITLE II
FINAL PROVISIONS
Section 395
The following is repealed:
1. Act No 65/1965, the Labour Code;2. Act No 153/1969 amending and supplementing the Labour Code;3. Act No 72/1982 amending Section 105 of the Labour Code;4. Act No 111/1984, on the extension of the basic length of annual leave and supplementing
Section 5 of the Labour Code;5. Act No 22/1985 amending and supplementing Sections 92 and 105 of the Labour Code6. Act No 52/1987 amending and supplementing certain provisions of the Labour Code;7. Act No 231/1992 amending and supplementing the Labour Code and the Employment Act;
8. Act No 74/1994 amending and supplementing the Labour Code No 65/1965, as amended,
and certain other laws;
9. Act No 220/1995 amending Act No 74/1994 amending and supplementing the Labour CodeNo 65/1965, as amended, and certain other laws;
10. Act No 1/1992, on wages and remuneration for on-call duty and on average earnings;
11. Act No 119/1992, on travel allowances;
12. Act No 44/1994, amending and supplementing Act No 119/1992 on travel allowances;
13. Act No 125/1998, amending and supplementing Act No 119/1992, on travel allowances, as
amended by Act No 44/1994;
14. Act No 36/2000 amending Act No 119/1992, on travel allowances, as amended;
15. Act No 475/2001, on working hours and rest periods of employees with unevenly distributed
working hours in transport;
16. Government Decree No 108/1994, which implements Labour Code and some other laws;
17. Government Decree No 461/2000 amending Government Decree No 108/1994, which
implements the Labour Code and some other laws;
18. Government Decree No 342/2004 amending Government Decree No 108/1994, which
implements the Labour Code and some other laws, as amended by Government Decree No
461/2000;
19. Government Decree No 516/2004 amending Government Decree No 108/1994, which
implements the Labour Code and certain other laws, as amended;
20. Government Decree No 252/1992, on the conditions for the provision and the amount of
the special bonus for carrying out activities in conditions which are difficult and harmful tohealth;21. Government Decree No 77/1994 amending Government Decree of the Government of the
Czech Republic No 252/1992, on the conditions for the provision and the amount of the special

bonus for carrying out activities in conditions which are difficult and harmful to health;22. Government Decree No 333/1993, on the determination of minimum wage tariffs and wage
benefits for work in working environment which is difficult and harmful to health and for nightwork;
23. Government Decree No 308/1995 amending Government Decree No 333/1993, on thedetermination of minimum wage tariffs and wage benefits for work in working environment
which is difficult and harmful to health and for night work;
24. Government Decree No 356/1997 amending Government Decree No 333/1993, on thedetermination of minimum wage tariffs and wage benefits for work in working environment
which is difficult and harmful to health and for night work, as amended by Government Decree
No 308/1995;
25. Government Decree No 318/1998 amending Government Decree No 333/1993, on thedetermination of minimum wage tariffs and wage benefits for work in working environment
which is difficult and harmful to health and for night work, as amended;
26. Government Decree No 132/1999 amending Government Decree No 333/1993, on thedetermination of minimum wage tariffs and wage benefits for work in working environment
which is difficult and harmful to health and for night work, as amended;
27. Government Decree No 312/1999 amending Government Decree No 333/1993, on thedetermination of minimum wage tariffs and wage benefits for work in working environment
which is difficult and harmful to health and for night work, as amended;
28. Government Decree No 163/2000 amending Government Decree No 333/1993, on thedetermination of minimum wage tariffs and wage benefits for work in working environment
which is difficult and harmful to health and for night work, as amended;
29. Government Decree No 430/2000 amending Government Decree No 333/1993, on thedetermination of minimum wage tariffs and wage benefits for work in working environment
which is difficult and harmful to health and for night work, as amended;
30. Government Decree No 437/2001 amending Government Decree No 333/1993, on thedetermination of minimum wage tariffs and wage benefits for work in working environment
which is difficult and harmful to health and for night work, as amended;
31. Government Decree No 560/2002 amending Government Decree No 333/1993, on thedetermination of minimum wage tariffs and wage benefits for work in working environment
which is difficult and harmful to health and for night work, as amended;
32. Government Decree No 464/2003 amending Government Decree No 333/1993, on thedetermination of minimum wage tariffs and wage benefits for work in working environment
which is difficult and harmful to health and for night work, as amended;
33. Government Decree No 700/2004 amending Government Decree No 333/1993, on thedetermination of minimum wage tariffs and wage benefits for work in working environment
which is difficult and harmful to health and for night work, as amended;34. Government Decree No 303/1995, on the minimum wage;
35. 320/1997 amending Government Decree No 303/1995, on the minimum wage;
36. Government Decree No 317/1998 amending Government Decree No 303/1995, on theminimum wage, as amended by Government Decree No 320/1997
37. Government Decree No 131/1999 amending Government Decree No 303/1995, on theminimum wage, as amended;
38. Government Decree No 313/1999 amending Government Decree No 303/1995, on theminimum wage, as amended;
39. Government Decree No 162/2000 amending Government Decree No 303/1995, on theminimum wage, as amended;
40. Government Decree No 429/2000 amending Government Decree No 303/1995, on theminimum wage, as amended;
41. Government Decree No 436/2001 amending Government Decree No 303/1995, on theminimum wage, as amended;
42. Government Decree No 559/2002 amending Government Decree No 303/1995, on theminimum wage, as amended;
43. Government Decree No 463/2003 amending Government Decree No 303/1995, on theminimum wage, as amended;
44. Government Decree No 699/2004 amending Government Decree No 303/1995, on theminimum wage, as amended;
45. Government Decree No 330/2003, on the salary conditions of employees in public services
and administration;
46. Government Decree No 637/2004 amending Government Decree No 330/2003, on thesalary conditions of employees in public services and administration;
47. Article I of Government Decree No 213/2005 amending Government Decree No 330/2003,
on the salary conditions of employees in public services and administration, as amended byGovernment Decree No 637/2004, and Government Decree No 469/2002, which lays down the
catalogue of jobs and qualification requirements and amending the Government Decree on thesalary conditions of employees in public services and administration, as amended,
48. Government Decree No 307/2005 amending Government Decree No 330/2003, on thesalary conditions of employees in public services and administration, as amended;
49. Government Decree No 537/2005 amending Government Decree No 330/2003, on thesalary conditions of employees in public services and administration, as amended;50. Decree No 140/1968, on work allowances and economic security for students in
employment;
51. Decree No 197/1994 amending Decree of the Ministry of Education No 140/1968, on work
allowances and economic security for students in employment, as amended by Act No
188/1988;
52. Decree No 172/1973, on the release of workers from employment to hold office in the
Revolutionary Trade Union Movement;
53. Decree No 75/1967, on supplementary annual leave for workers who perform harmful orparticularly difficult work and on compensation for loss of earnings after the end of incapacity
for work in certain occupational diseases;
54. Decree No 45/1987 on the principles for reducing working hours without reducing wages
for health reasons to workers under the age of 21 in underground mines;
55. Decree No 95/1987, on supplementary annual leave for workers working with chemical
carcinogens;
56. Decree No 96/1987, on the principles for reducing working hours without reducing wages
for health reasons to workers who work with chemical carcinogens;
57. Decree No 108/1989, amending Decree No 96/1987, on the principles for reducing working
hours without reducing wages for health reasons to workers who work with chemical
carcinogens;
58. Decree No 104/1993 laying down a period with a lower need for state-owned forestry
organizations;
59. Decree No 275/1993 laying down a period with a lower workload for military forest
organizations and farms,
60. Decree No 18/1991, on other acts in general interest;
61. Decree No 367/1999, laying down a period of lower workload for operators and carriers onnational and regional railways.
Section 396
Effect(1) This Act shall enter into effect on 1 January 2007.
(2) The validity of Section 238(1) expires on the effective date of the termination of theInternational Labour Organization’s Underground Work (Women) Convention No 45 of 1935
(No 441/1990).
Zaorálek signed

Paroubek, signed
Annex
Salary class characteristics
Salary class 1
Work consisting of unambiguous repetitive work operations. Work with individual
items, simple aids and hand tools without links to other processes and activities. Execution ofindividual handling operations with individual pieces and objects of small weight (up to 5 kg).
Common demands on sensory functions. Work in favourable external conditions.
Salary class 2
Work of the same type carried out according to a precise assignment and with precisely
defined outputs, with little possibility of deviation and with general connections to otherprocesses. Work with several elements (items) forming a whole, for example handling of items
requiring special treatment (fragile, heavy, flammable, with the risk of infection). Execution ofpartial works that are part of wider processes.
Long-term and one-sided strain on small muscle groups (fingers, wrists) and in a forced
work rhythm and in slightly worsened (for example, climatic) external conditions. Work withthe risk of occupational injury.
Salary class 3
Work with precisely defined inputs and outputs and a generally defined procedure withgeneral connections to other processes. Work with units and assemblies with logical (specialpurpose) arrangement without links to other units (assemblies). Possible responsibility for
endangering the health and safety of co-workers within one team.
Salary class 4
Homogeneous work with a general assignment and with precisely defined outputs, witha greater possibility of choosing another procedure and with general connections to otherprocesses (hereinafter the "simple professional work"). Work with units and assemblies ofseveral individual elements (items) with a logical (special-purpose) arrangement with partial
links to other units (assemblies). Work involving simple working relationships. Long-term andone-sided strain on larger muscle groups. Slightly increased psychological demands associatedwith a separate solution of a group of homogeneous time-stable work operations according togiven procedures.
Salary class 5
Simple professional work performed with many interrelated elements that are part of acertain system. Directing simple routine and handling works and processes in changing groups,
teams and other volatile organizational units and without subordination of the group of
employees associated with liability for damage that cannot be removed on their own and in ashort time.

Increased psychological demands resulting from the independent solution of tasks,
where specific phenomena and processes of a more diverse nature are mostly represented, withdemands for longer-term memory, partial imagination and predictability, comparability,
attention and operability. Precise sensory differentiation of small details. Long-term, one-sided
and excessive strain on muscle groups with objects of various weights over 25 kg.
Salary class 6
Diverse, generally defined work with assignment according to the usual procedures,with specified outputs, procedures and links to other processes (hereinafter “professional
work”). Work with comprehensive systems composed of many elements with partial links to asmall group of other systems. Coordination of work in variable groups.
Increased psychological demands resulting from the independent solution of tasks withvarious specific phenomena and processes and with demands on imagination and predictability,
ability to compare, attention and operability. Considerable sensory complexity. Significant
strain on large muscle groups in very difficult working conditions.
Salary class 7
Professional work performed with comprehensive separate systems with possible
division into sub-subsystems and links to other systems. Guiding and coordination of simple
professional work. Liability for the health of other persons or for damage remediable only by agroup of other employees or for damage of persons acting on the basis of erroneous orders or
measures remediable over a longer period.
Psychological effort resulting from the independent solution of tasks, where concrete
and abstract phenomena and processes of various nature are evenly represented. Demands forapplication skills and adaptability to different conditions, for logical thinking and a certain
degree of imagination. High demands on the identification of very small details, signs or othervisually important information and increased demands on the vestibular apparatus. Excessive
strain on large muscle groups in extreme working conditions.
Salary class 8
Providing a wider set of professional work with general inputs and methods of
implementation and defined outputs, which are an organic part of broader processes (hereinafter"professional specialized work"). Work within complex systems with internal division into
integrated subsystems with close links to other systems and with internal division also outside
the organization.
Salary class 9
Professional specialized work in which the subject is a complex independent systemcomposed of several other coherent units or the most complex separate units. Coordination anddirection of professional work.
Increased psychological effort resulting from the independent solution of a system oftasks, where abstract phenomena and processes are more represented, with demands forcognition, understanding and interpretation of phenomena and processes. High demands onmemory, flexibility, ability of analysis, synthesis and general comparison. High demands onthe vestibular apparatus. Extraordinary strain on the nervous system.
Salary class 10
Providing for a complex of activities with generally defined inputs, outlined outputs,
considerable variability of solutions and procedures and specific links to a wide range ofprocesses (hereinafter “system work”). The subject of the work is a complex system composedof separate and diverse systems with fundamental determining internal and external links.
Coordination and direction of specialized professional work.
Salary class 11
System work concerning sub-fields of activities with a wide scope.
The performance of work is associated with considerable psychological effort resulting
from the great complexity of cognitive processes and a higher degree of abstract thinking,imagination, generalization and the need to make decisions according to various criteria.
Salary class 12
Complex of system activities with variant general inputs, generally defined outputs andunspecified methods and procedures with broad links to other processes (hereinafter "system
specialized work"), which concern activities consisting of systems with extensive external andinternal links.
Salary class 13
System specialized work, which concern a set of fields or a field with an extensive
internal structure and external links. Comprehensive coordination and direction of system work.
High psychological effort resulting from high demands on creative thinking.
Discovering new procedures and ways and finding solutions in a non-traditional way. Transfer
and application of methods from other industries and areas. Decision-making within highly
combinable, rather abstract and diverse phenomena and processes from different industries anddisciplines.
Salary class 14
Activities with unspecified inputs, solutions and very broadly defined outputs with verybroad links to other processes, creative development and conceptual activities and systemcoordination (hereinafter “creative system work”). They concern a set of fields or a field withan extensive internal division and with numerous links to other fields and with the scope andimpact on broad groups of the population or a summary of otherwise demanding fields.
Coordination and direction of system specialized work.
Salary class 15
Creative system work, where the subject is a branch as a set of interrelated fields or themost demanding fields of fundamental importance.

Very high psychological effort resulting from high demands on creative thinking in ahighly abstract level with considerable variability and combinability of processes andphenomena and on the ability of unconventional systemic vision in the broadest context.
Salary class 16
Activities with unspecified inputs, solutions and outputs with possible links to the whole
spectrum of other activities, which concern individual scientific fields and disciplines and otherbroadest and most demanding systems.
Selected provisions of amendments
Article II of Act No 362/2007
Transitional provisions
1. Act No 262/2006, as amended and as amended by this Act, shall also govern labourlaw relationships established before the effective date of this Act; however, juridical acts
performed before the effective date of this Act shall be governed by existing legal regulations,even if their effects will occur only after the effective date of this Act.
2. The right to severance pay of an employee who has been dismissed for the reasons
set out in Section 52(d) of the Labour Code, as effective until the effective date of this Act, orwith which an agreement on termination of employment relationship was concluded for thesame reasons before the effective date of this Act, shall be governed by existing laws, contracts
and internal regulations pursuant to Section 305 of the Labour Code, as effective until theeffective date of this Act.
3. The obligation of an employee who has been dismissed or with whom an agreement
on termination of employment relationship has been concluded before the effective date of thisAct to return severance pay, if after the end of the employment relationship he will perform
work with the current employer in a labour-law relationship specified in Section 3 second
sentence of the Labour Code, as effective until the effective date of this Act, shall be governedby existing legal regulations, contracts and internal regulations pursuant to Section 305 of theLabour Code, as effective until the effective date of this Act.
Article II of Act No 294/2008
Transitional provision
Other agreed overtime work in health care in accordance with Article I of point 1 may
be performed only in the period from the effective date of this Act until 31 December 2013.
Article VI of Act No 326/2009
Transitional provision
If the period of the first 3 days of temporary incapacity for work for which no wage orsalary compensation is to be paid (Section 192(1) part of the second sentence after thesemicolon of the Labour Code) has not expired by 30 June 2009, the right to compensatory

wage or salary in the case of temporary incapacity for work in shall be asserted in accordancewith Section 192(1) part of the second sentence after the semicolon of the Labour Code, as
amended from 1 July 2009.
Article VI of Act No 347/2010
repealed

Article II of Act No 185/2011
Transitional provisions
Access to transnational information in accordance with Sections 288 to 299 of Act No
262/2006, as effective until the effective date of this Act, shall apply to employers and groupsof employers operating in the territory of a Member State with its registered office in the Czech
Republic and to their organizational units located in the territory of the Czech Republic where:(a) between 5 June 2009 and 5 June 2011, arrangements have been concluded or amended inaccordance with Sections 288 to 295 of Act No 262/2006, as effective until the effective dateof this Act,(b) the arrangements referred to in paragraph (a) have been amended, supplemented or extended
during their period of validity;
until the termination of these agreements. However, Section 298a of Act No 262/2006
as effective from the effective date of this Act, also applies here.
Article VI of Act No 364/2011
Transitional provision
If temporary incapacity for work arose or quarantine was ordered before 1 January 2014
and continues in 2014:(a) there is entitlement to the compensatory wage or salary or remuneration from an agreement
to perform work pursuant to Sections 192 or 194 of Act No 262/2006, as amended on 31
December 2013, and(b) the length of the period or the period of 21 calendar days referred to in Section 66(1) second
sentence and Section 192(1) third and fourth sentences, (5) and (6), first sentence of Act No
262/2006, as amended on 31 December 2013, remains unchanged.
Article II of Act No 365/2011
Transitional provisions
1. Act No 262/2006, as amended from the effective date of this Act shall also govern
labour-law relationships established before the effective date of this Act; however, juridical acts
performed before the effective date of this Act shall be governed by existing legal regulations,even if their effects will occur only after the effective date of this Act.

2. Termination of a collective agreement concluded before the effective date of this Act
shall be governed by existing legal regulations.
3. The period of obstacles to work in accordance with Section 35(2) of Act No 262/2006,
as effective until the effective date of this Act, for which the employee does not perform work
during the probationary period and by which the probationary period is extended, shall begoverned by existing legal regulations.
4. It is possible to follow a written agreement concluded pursuant to Section 39(4) of
Act No 262/2006, as effective until the effective date of this Act, or an internal regulation issued
for the implementation of Section 39(4) of Act No 262/2006, as effective until the effective
date this Act, for a maximum period of 6 months from the effective date of this Act.
5. The reason for termination given in Section 52(h) of Act No 262/2006, as amended
by this Act, may not be used if the regime of an insured person with temporary incapacity forwork was breached before the effective date of this Act.
6. The severance pay to which an employee became entitled and such an employee wasgiven notice pursuant to Section 52(a) to (c) of Act No 262/2006, as effective until the effective
date of this Act, or with whom an agreement on termination of employment relationship wasconcluded for the same reasons, as well as severance pay to which an employee has become
entitled where such an employee immediately cancelled the employment pursuant to Section
56 of Act No 262/2006, as effective until the effective date of this Act, shall be governed byexisting legal regulations.
7. The law of the court in accordance with Section 69(2) of Act No 262/2006, as
amended with effect from the effective date of this Act, may be applied only to cases of invalid
termination of employment relationship on the basis of a juridical act which was made no earlier
than on the effective date of this Act.
8. Section 209(2) of Act No 262/2006, as amended with effect from the effective dateof this Act, may be applied only to cases of partial unemployment which occurred no earlier
than on the effective date of this Act.
9. Cases of partial unemployment which occurred before the effective date of this Act,
which had to be decided in administrative proceedings pursuant to Section 209(3) of Act No
262/2006, as effective until the effective date of this Act, on which no final decision has been
made or when the proceedings were suspended, shall be governed by existing legal regulations.
10. Section 330 of Act No 262/2006, as effective from the effective date of this Act,
shall apply to cases of extinction of right from the effective date of this Act.
11. Section 333 of Act No 262/2006, as amended with effect from the effective date ofthis Act, shall apply to periods which began to run from the effective date of this Act.
12. The passage of rights and obligations from labour-law relationships and the passageof the exercise of rights and obligations from labour-law relationships, which took effect before
the effective date of this Act, shall be governed by existing legal regulations.

Article LXXX of Act No 303/2013
Transitional provisions
1. Act No 262/2006, as amended from the effective date of this Act shall also govern
labour-law relationships established before the effective date of this Act; however, juridical acts
performed before the effective date of this Act shall be governed by existing legal regulations,even if their effects will occur only on the effective date of this Act.
2. The invalidity of juridical acts that were performed before the effective date of thisAct shall be assessed in accordance with Act No 262/2006, as effective until the effective dateof this Act.
3. Sections 19 and 20 of Act No 262/2006, as effective from the effective date of thisAct, shall apply to labour-law relationships which were created on or after the effective date ofthis Act.
4. Legislation referred to in Section 28 of Act No 262/2006, as effective from theeffective date of this Act, relate to collective agreements which were concluded on or after theeffective date of this Act.
5. Immediate cancellation of an employment relationship by the legal representative ofa minor employee in accordance with Section 56a of Act No 262/2006, as effective from theeffective date of this Act, may be applied to the employment relationship of a minor employee
established by an employment contract which was concluded on or after the effective date ofthis Act.
6. Immediate cancellation of an agreement to complete a job or agreement to perform
work by a legal representative of a minor in accordance with Section 77(4) and (5) of Act No
262/2006, as effective from the effective date of this Act, may be applied to an agreement tocomplete a job or agreement to perform work of a minor employee which was concluded on orafter the effective date of this Act.
Article XI of Act No 101/2014
Transitional provision
Termination of an employment relationship of a foreign national or stateless person who
has been issued a long-term residence permit for the purpose of employment in special cases inaccordance with Section 42g of Act No 326/1999, as effective before the effective date of thisAct, unless otherwise terminated, shall be governed by Section 48(3)(c) of Act No 262/2006,
as effective before the effective date of this Act.
Article LVI of Act No 250/2014
Transitional provision
An employee who, on the day preceding the effective date of this Act, was remunerated
with a contractual salary shall, as of the effective date of this Act, be determined a salary scale
and personal bonus, or, where applicable, a management bonus, a special bonus and a bonus

for work in difficult work environment so that the total corresponds to the current amount of
the agreed contractual salary; however, if this amount of the personal bonus or, whereapplicable, the management bonus, the special bonus and the bonus for work in a difficult work
environment exceeds their maximum permissible amount pursuant to Act No 262/2006, thesesalary components shall be reduced to their maximum amount. The salary scale mustcorrespond to the classification into the salary grade and salary class in accordance with Act
No 262/2006.
Article II of Act No 181/2018
Transitional provision
Compensation for loss of earnings after the end of incapacity for work to which an
employee became entitled in accordance with Section 271b(3) of Act No 262/2006, as amended
before the effective date of this Act, or pursuant to Section 371(3) of Act No 262/2006, is duein the amount in accordance with Section 271b(3) of Act No 262/2006, as effective from theeffective date of this Act.
Article II of Act No 32/2019
Transitional provisions
1. Compensatory wage or salary during temporary incapacity for work, which arose
before the effective date of this Act and lasts during its effect, shall be governed by the existing
legal regulations.
2. Compensation for loss of earnings during the period of temporary incapacity forwork, which arose before the effective date of this Act and lasts during its effect, shall begoverned by the existing legal regulations.
Article II of Act No 285/2020
Transitional provisions
1. Notice of termination given in accordance with Section 51a of Act No 262/2006, aseffective before the effective date of this Act, shall be governed by Act No 262/2006, aseffective before the effective date of this Act.
2. The right to annual leave which arose before 1 January 2021 and the taking of suchannual leave, even if taken after 31 December 2020, shall be governed by Sections 211 to 223
of Act No 262/2006, as effective before 1 January 2021.
3. Compensation for loss of earnings after the end of incapacity for work to which an
employee became entitled in accordance with Section 271b(3) of Act No 262/2006, as effective
before the effective date of this Act, or in accordance with Section 371(3) of Act No 262/2006,
as effective before the effective date of Act No. 205/2015, shall be due in the amountdetermined in accordance with Section 271b(3) of Act No 262/2006, as effective from theeffective date of this Act.
4. The right to one-off compensation for non-pecuniary harm in the event of particularlyserious damage to the health of an employee pursuant to Section 271f of Act No 262/2006, aseffective from the effective date of this Act, shall apply if this harm occurred on or after theeffective date of this Act.
5. Section 309a, Section 319(1)(c), (h) and (i) and Section 319a of Act No 262/2006, aseffective from the effective date of this Act, shall apply to employees of an employer fromanother Member State of the European Union posted to work as a driver in road transport within
the transnational provision of services in the Czech Republic from the effective date of the Act
which incorporates an EU regulation in accordance with Article 3(3) of Directive (EU)2018/957 of the European Parliament and of the Council of 28 June 2018 amending Directive
96/71/EC concerning the posting of workers in the framework of the provision of services.
6. For the purposes of assessing the posting period in accordance with Section 319a(1)of Act No 262/2006 the posting of an employee to perform work within the transnational
provision of services in the territory of the Czech Republic, which began before 30 July 2020,
shall be deemed to be a posting which commenced on 30 July 2020.
7. The passage of rights and obligations from labour-law relationships which took effectbefore the effective date of this Act shall be governed by Act No 262/2006, as effective before
the effective date of this Act.
____________________(1) Council Directive of 14 October 1991 on an employer’s obligation to inform employees of
the conditions applicable to 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 fixedterm work concluded by UNICE, CEEP and the ETUC.
Council Directive 97/81/EC of 15 December 1997 concerning the framework agreement on
part-time work concluded by UNICE, CEEP and the ETUC.
Council Directive 2004/113/EC of 13 December 2004 implementing the principle of equal
treatment between men and women in the access to and supply of goods and services.
Directive 2002/14 / EC of the European Parliament and of the Council of 11 March 2002
establishing a general framework for informing and consulting employees in the European
Community.
Art. 13 of Council Directive 2001/86/EC of 8 October 2001 supplementing the Statute for aEuropean company with regard to the involvement of employees.
Council Directive 2001/23/EC of 12 March 2001 on the approximation of the laws of theMember States relating to the safeguarding of employees' rights in the event of transfers ofundertakings, businesses or parts of undertakings or businesses.

Directive 96/71/EC of the European Parliament and of the Council of 16 December 1996
concerning the posting of workers in the framework of the provision of services.
Directive 2003/88/EC of the European Parliament and of the Council 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 young people at work.
Council Directive of 25 June 1991 supplementing the measures to encourage improvements inthe safety and health at work of fixed-duration workers and workers with a temporary or
temporary employment relationship (91/383/EEC).
Council Directive 89/391/EEC of 12 June 1989 on the introduction of measures to encourage
improvements in the safety and health of workers at work.
Council Directive 89/391/EEC of 30 November 1989 on the minimum health and safety
requirements for the use by workers of personal protective equipment at the workplace (third
individual directive within the meaning of Article 16(1) of Directive 89/391/EEC)(89/656/EEC)Council Directive 92/85/EEC of 19 October 1992 on the introduction of measures to encourage
improvements in the safety and health at work of pregnant workers and workers who haverecently given birth or are breastfeeding (10th individual Directive within the meaning of
Article 16(1) of Directive 89/391/EEC).
Council Directive 2010/18/EU of 8 March 2010 implementing the revised frameworkagreement on parental leave concluded by BUSINESSEUROPE, UEAPME, CEEP and theETUC and repealing Directive 96/34/EC.
Directive 2006/54/EC of the European Parliament and of the Council of 5 July 2006 on theimplementation of the principle of equal opportunities and equal treatment of men and womenin matters of employment and occupation.
Council Directive 2000/43/EC of 29 June 2000 implementing the principle of equal treatment
between persons irrespective of racial or ethnic origin.
Council Directive 2000/78/EC of 27 November 2000 establishing a general framework forequal treatment in employment and occupation.
Directive 2002/15/EC of the European Parliament and of the Council of 11 March 2002 on theorganization of the working time of persons performing mobile road transport activities.
Council Directive 2005/47/EC of 18 July 2005 on the agreement between the Community ofEuropean Railways (CER) and the European Transport Workers' Federation (ETF) on certain
aspects of the working conditions of mobile workers providing interoperable cross-border rail
services.
Art. 15 of Council Directive 2003/72/EC of 22 July 2003 supplementing the Statute for aEuropean Cooperative Society with regard to the involvement of employees.

Directive 2009/38/EC of the European Parliament and of the Council of 6 May 2009 on theestablishment of a European Works Council or a procedure in Community-scale undertakings
and Community-scale groups of undertakings for the purposes of informing and consulting
employees (Recast).
Directive 2014/67/EU of the European Parliament and of the Council of 15 May 2014 on theenforcement of Directive 96/71/EC concerning the posting of workers in the framework of theprovision of services and amending Regulation (EU) No 1024/2012 on administrative
cooperation through the Internal Market Information System ( ‘the IMI Regulation’ )Directive 2008/104/EC of the European Parliament and of the Council of 19 November 2008
on agency work.
Directive 2014/66/EU of the European Parliament and of the Council of 15 May 2014 on theconditions of entry and residence of third-country nationals in the framework of an intracorporate transfer.
Council Directive 2000/79/EC of 27 November 2000 concerning the European Agreement on
the Organisation of Working Time of Mobile Workers in Civil Aviation concluded by the
Association of European Airlines (AEA), the European Transport Workers' Federation (ETF),
the European Cockpit Association (ECA), the European Regions Airline Association (ERA)
and the International Air Carrier Association (IACA).
Council Directive 2014/112/EU of 19 December 2014 implementing the European Agreement
concerning certain aspects of the organisation of working time in inland waterway transport,
concluded by the European Barge Union (EBU), the European Skippers Organisation (ESO)
and the European Transport Workers' Federation (ETF).
Council Directive 1999/63/EC of 21 June 1999 concerning the Agreement on the organisationof working time of seafarers concluded by the European Community Shipowners' Association(ECSA) and the Federation of Transport Workers' Unions in the European Union (FST).
Council Directive 98/24/EC of 7 April 1998 on the protection of the health and safety ofworkers from the risks related to chemical agents at work (14th individual Directive within themeaning of Article 16(1) of Directive 89/391/EEC).
Directive 2009/148/EC of the European Parliament and of the Council of 30 November 2009
on the protection of workers from the risks related to exposure to asbestos at work.
Council Directive 2009/13/EC of 16 February 2009 implementing the Agreement concludedby the European Community Shipowners’ Associations (ECSA) and the European Transport
Workers’ Federation (ETF) on the Maritime Labour Convention, 2006, and amending Directive
1999/63/EC.
Directive (EU) 2015/1794 of the European Parliament and of the Council of 6 October 2015
amending Directives 2008/94/EC, 2009/38/EC and 2002/14/EC of the European Parliamentand of the Council and Council Directives 98/59/EC and 2001/23/EC as regards seafarers.
Directive (EU) 2018/957 of the European Parliament and of the Council of 28 June 2018
amending the Directive 96/71 / EC concerning the posting of workers in the framework of the

provision of services.
2) For example, Act No 234/2014, on civil service, Act No 361/2003, on the employment ofmembers of the security forces, as amended.
6) Sections 6 and 7 of Act No 219/2000, on the property of the Czech Republic and its acts injuridical relations.
7) Section 3 and 51 of Act No 219/2000
11) Act No 2/1991, collective bargaining, as amended.
12) For example Act No 451/1991 laying down some other conditions for performing certain
duties in State bodies and organizations of the Czech and Slovak Federal Republic, the Czech
Republic and the Slovak Republic, as amended.
(13) Act No 77/1997, on State-owned enterprise, as amended.
14) For example, Act No 256/2000, on the State Agricultural Intervention Fund and amending
certain other acts (the State Agricultural Intervention Fund Act), as amended, Act No 211/2000,
on the State Housing Development Fund and amending Act No 171/1991, on the competenceof the bodies of the Czech Republic in matters of transfers of State property to other persons
and on the National Property Fund of the Czech Republic, as amended, as amended, Act No
104/2000, on the State Fund for Transport Infrastructure and amending Act No 171/1991, on
the competence of the bodies of the Czech Republic in matters of transfers of State property toother persons and on the National Property Fund of the Czech Republic, as amended, as
amended.
(15) Section 54 of Act No 219/2000, as amended.
Section 27 of Act No 250/2000, on budgetary rules of territorial budgets.
16) Act No 283/1991 on the Police of the Czech Republic, as amended.
16a) For example Section 2(6) and (7) of Act No 312/2002, as amended, Section 102(2)(g) andSection 103(3) of Act No 128/2000, on municipalities (the municipal system), as amended,
Section 59(1)(c) and Section 61(3)(b) of Act No 129/2000, on regions (the regional system), as
amended, Section 68(2)(v) and Section 72(3)(b) of Act No 131/2000, on the Capital City ofPrague, as amended, Section 7(4) and Section 8(1) of Act No 245/2006, on public non-profit
institutional medical facilities and amending certain acts, Section 10 of Decree No 394/1991,
on the position, organization and activities of university hospitals and other hospitals, selected
specialized medical institutes and regional public health authorities under the management of
the Ministry of Health of the Czech Republic, Section 131 of Act No 561/2004, on pre-school,
primary, secondary, higher vocational and other education (the Education Act), Section 14(3)of Act No 201/2002, on the Office for Government Representation in Property Affairs, Section
17(2) of Act No 341/2005, on public research institutions, Section 8(1)(a) and Section 9(4) of
Act No 483/1991, on Czech Television, Section 8(1)(a) and Section 9(4) of Act No 484/1991,
on Czech Radio, Section 8(1)(b) of Act No 517/1992, on the Czech Press Office, Section 9(2)of Act No 256/2000, Section 6(5) of Act No 211/2000, Section 8(4) of Act No 104/2000,
Section 12(2) and (3) of Act No 77/1997, Section 24(3) of Act No 250/2000

16b) For example Section 148(18) of Act No 435/2004, on employment, Section 48 of Act No
251/2005, on labour inspection, Article II(17) of Act No 274/2003 amending certain acts in thefield of public health protection, Section 9(3) of Act No 256/2000
17) Section 92(2) of Act No 435/2004, as amended by Act No 347/201018) Section 66 Act No 435/2004(19) Section 4(1) of Act No 98/1987, on the special bonus for miners, as amended.
(20) Sections 89 to 101 of the Employment Act.
(21) Section 56(2)(b) of Act No 187/2006 on sickness insurance.
(21a) Act No 182/2006, on insolvency and manners of its resolution (the Insolvency Act), as
amended.
(22a) Act No 108/2006 on social services, as amended:(23) Act No 245/2000, on public holidays, important days and non-working days, as amended.
(24) Act No 56/2001, on the conditions of operation of vehicles on roads and amending Act No
168/1999, on liability insurance for damage caused by the operation of a vehicle and amending
certain related acts (the Vehicle Liability Insurance Act), as amended by Act No 307/1999(25) Act No 13/1997 on roads, as amended.
(26) Section 3(1)(a) to (c) of Act No 266/1994, on railroad, as amended.
(27) Section 2(c) of Decree No 175/2000, on transport regulations for public rail and roadpassenger transport.
(28) Act No 49/1997, on civil aviation and amending Act No 455/1991, on licensed trades (theLicensed Trades Act), as amended.
(29) Act No 114/1995 on inland waterways, as amended.
(31) Section 67 of Act No 133/1985 on fire protection, as amended.
(32) Section 37 of Act No 258/2000 on public health protection and amending certain relatedacts, as amended.
(33) Act No 379/2005, on measures to protect against damage caused by tobacco products,
alcohol and other addictive substances and amending related acts.
(34) Regulation (EU) 2016/425 of the European Parliament and of the Council of 9 March 2016
on personal protective equipment and repealing Council Directive 89/686/EEC.
(35) Act No 167/1998 on addictive substances and amending other acts, as amended.

(36) For example, Act No 251/2005, on labour inspection, Act No 61/1988, on mining
activities, explosives and the State Mining Administration, as amended, Act No 18/1997, on
the peaceful use of nuclear energy and ionizing radiation (the Atomic Act) and amending andsupplementing certain acts, as amended.
(37) Act No 309/2006, as amended by Act No 362/200737a) Section 9 of Act No 309/2006(38) Section 39 of Act No 258/2000, as amended.
(39) For example, Act No 201/1997, on the salary and certain other requirements of publicprosecutors and amending and supplementing Act No 143/1992 Sb. on salary and remunerationfor on-call duty in budgetary and certain other organizations and bodies, as amended.
(40) Act No 128/2000 on municipalities (the municipal system), as amended:
Act No 129/2000 on regions (the regional system), as amended:
Act No 131/2000 on the Capital City of Prague, as amended.
(41) Section 124 of the Education Act.
(41a) Act No 245/2006, as amended.
(42) Act No 526/1990 on prices, as amended.
(43) Act No 151/1997 on property valuation and amending certain acts (the Property Valuation
Act), as amended.
43a) For example Section 118(2) of Act No 90/1995, on the Rules of Procedure of the Chamberof Deputies, Section 147(2) of Act No 107/1999, on the Rules of Procedure of the Senate,
Section 4(3) of Act No 114/1993, on the Office of the President of the Republic, as amended
by Act No 281/2004
44) Sections 24 to 26 of Act No 250/2000, on rules of territorial budgets.
45) Section 2 of Act No 563/2004, on pedagogical staff and amending certain acts.
46) The Education Act.
47) Act No 563/2004
48) Act No 365/2000, on public administration information systems and amending certain acts,
as amended.
49) Act No 101/2000 on personal data protection and amending certain acts, as amended.
50) Section 16(1) of Act No 6/1993, on the Czech National Bank, as amended.

51) Act No 121/2001, on court executors and execution activities (the Execution Code)amending other acts, as amended.
51a) Act No 115/2006, on registered partnership and amending certain acts, as amended by Act
No 261/2007
52) For example Act No 337/1992on the administration of taxes and fees, as amended.
53) Act No 500/2004, the Administrative Procedure Code, as amended by Act No 413/2005
54) Sections 276 to 302 of the Code of Civil Procedure.
Act No 119/2001 laying down rules for cases of concurrent enforcement of decisions.
55) Section 277 of the Code of Civil Procedure.
56) Act No 499/2004 on archival and filing service and amending certain acts, as amended.
57) For example, Act No 236/1995, on the salary and other requirements associated with theholding of the office of representatives of the State power and certain State bodies and judges
and members of the European Parliament, as amended.
58) Act No 187/2006, as amended;59) Act No 258/2000, as amended;61) Section 26 Act No 187/2006
62) Section 48(2) of Act No 187/2006
63) Section 33 Act No 187/2006
64) Section 21 and 22 of Act No 187/200664a) Section 22 of Act No 187/2006
65) Section 31 Act No 187/2006
66) Section 56(2)(b) of Act No 187/2006
67) Section 83(2)(b) of Act No 187/2006
68) Section 7(12) of Act No 117/1995, on the State social support, as amended.
69) For example, Council Decision 2003/479/EC of 16 June 2003 concerning the rules
applicable to national experts and military staff on secondment to the General Secretariat of theCouncil.
70) For example Section 7(5) of Act No 104/2000, on the State Fund for Transport

Infrastructure and amending Act No 171/1991, on the competence of the authorities of the
Czech Republic in matters of transfers of State property to other persons and on the National
Property Fund of the Czech Republic, as amended, Section 15(9) and Section 83(11) of theHigher Education Act, Section 184 of the Education Act, Section 38 Act No 95/2004, on theconditions for acquiring and recognizing professional competence and specialized competence
to perform the medical profession of a doctor, dentist and pharmacist, and Section 90(1) of Act
No 96/2004, on the conditions for acquiring and recognizing competence to perform nonmedical health professions and to perform activities related to the provision of health care andamending certain related acts (the Non-Medical Health Professions Act).
71) For example Section 200 of the Commercial Code.
71a) Act No 627/2004, on the conflict of interests, as amended.
Act No 307/2006, on the European Cooperative Society, as amended by Act No 126/2008
Act No 125/2008, on the transformation of companies and cooperatives.
72) Higher Education Act.
73) Decree No 114/2002, on the fund for cultural and social needs, as amended.
75) Decree No 430/2001, on the costs of company meals and their reimbursement in State
organizational units and State publicly co-funded organizations.
76) Sections 67 to 84 of the Employment Act.
77) Section 42 to 44 of Act No 187/2006
77a) Section 8 of Act No 108/2006 on social services.
78) For example, Act No 412/2005, on the protection of classified information and on security
competence, as amended.
79) Act No 292/2013 on special judicial proceedings, as amended.
82) Act No 627/2004, on European Company, as amended by Act No 264/2006
Act No 307/2006, on the European Cooperative Society.
83) Act No 219/1999 on Armed Forces of the Czech Republic, as amended.
84) Act No 312/2002, as amended;85) Section 172(2) of the Education Act.
86) Section 94(2) of the Higher Education Act.
88) Act No 159/2006, on conflicts of interest.

89) Section 34 and Section 115(d) of Act No 108/2006, as amended.
(90) Sections 39 to 57 of the Employment Act.
91) Article 56 of the Treaty on the Functioning of the European Union.
92) Section 53 of Act No 218/2000, on budgetary rules and amending certain related acts (thebudgetary rules), as amended.
93) Section 278 of the Code of Civil Procedure.
94) Act No 29/2000 on postal services and amending certain other acts (the Postal Services
Act), as amended.
95) Section 6(2) and Section 9(2) of Act No 297/2016, on trust services for electronictransactions.
96) For example, Act No 21/2006, on the verification of the identicalness of the transcript or
copy with the document and on the verification of the authenticity of a signature and amending
certain acts (the Verification Act).
97) For example the Commercial Code, Act No 328/1991, as amended.
98) Decree No 342/1997, which lays down the procedure for the recognition of occupational
diseases and issues a list of health care facilities that recognize these diseases, as amended by
Decree No 38/2005
99) Government Decree No 290/1995 establishing a list of occupational diseases.
99b) Section 2(5) of Act No 258/2000, on the protection of public health and amending certain
related acts.
99c) Section 69(1)(b) and (h) of Act No 258/2000, as amended by Act No 274/2003
100) Act No 589/1992, on social security insurance premiums and contributions to the State
employment policy, as amended.
101) Act No 592/1992, on insurance premiums for general health insurance, as amended.
Act No 48/1997, on public health insurance and amending and supplementing certain acts, as
amended.
102) Section 38h of Act No 586/1992 on income taxes, as amended
103) Section 67 of the Employment Act.
104) Section 2(5) of Act No 312/2002, as amended.
107) Section 56(2)(b) of Act No 187/2006, as amended by Act No 305/2008

108) Act No 198/2009, on equal treatment and on legal means of protection against
discrimination and amending certain acts (the Anti-Discrimination Act).
110) For example Section 24(2) of Act No 563/2004, Section 22 of Act No 95/2004, Section
51 and 54 of Act No 96/2004
111) Section 7(1) of Act No 2/1991, as amended by Act No 225/2005
Section 18(1) and Section 19 of Act No 89/1995, on the State Statistical Service, as amended
by Act No 220/2000 and Act No 411/2000
113) Section 38b of Act No 187/2006, as amended.
114) Section 7a of the Sickness Insurance Act.
115) Section 3(1)(c) of the Employment Act.
116) Section 299 of the Code of Civil Procedure.
117) For example Section 178(1) and Section 2175(2) of the Civil Code.