Amendment to the Labour Code

Remote work / Home office

It will only be possible to agree on remote work in writing, but now the draft law does not specify the content of the agreement and it is up to both sides to negotiate this content.

The notice period for a remote work agreement will be 15 days, or the parties will be able to agree on a different length of the notice period, but only on the condition that it will be the same for both parties. It will also be possible for the parties to agree on its irrevocability.

The employer will only be able to order HO for employees if the state specifies it (a state of emergency; the closure of certain parts of the entities for serious reasons, etc.) and provided that the place of remote work will be fit for the performance of the work.

The biggest adjustment was made in terms of compensation for the costs of working from home – in the original proposal, this compensation was mandatory, in the current proposal there is an opportunity to agree in writing that the employees are not entitled to compensation for the costs of remote work. Another option is to set a flat-rate amount of the reimbursement of costs, based on a decree of the Ministry of Labour and Social Affairs, either in the employer's internal regulation or by the arrangement of both parties. 

Digitisation and delivery

The amendment proposes rules for the delivery of important documents, modifies the list of these documents and allows bilateral documents relating to the origin, modification or termination of the employment relationship to be concluded and delivered electronically.

However, for electronic delivery, the employee must give written consent and communicate his/her electronic address to the employer for this purpose.

In the case of the delivery of unilateral documents (e.g., wage assessment, notice, termination of employment in probationary period, immediate termination of employment), priority will be given to delivery in person. The electronic delivery of these documents from the employer will only be possible if the document is signed by a recognised electronic signature. The document will be served on the day when the employee confirms receipt of the document and, if he does not do so, the fiction of delivery will apply after the expiry of a 15-day period from the date of its delivery. 

Information on the content of the employment relationship

Within 7 days of the establishment of the employment relationship, the employer shall inform the employee about his/her rights and obligations determined by the law and resulting from their employment relationship. Employees should be informed of any changes at the latest on the day they come into effect.

There will also be an expansion of the scope of mandatory announcements and mandatory information that the employer must provide to the employee; this will also apply to posted employees.

The employer will also be able to provide information in electronic form; it will be his obligation to prove that the employees have received the information communicated.

Work agreements performed outside employment

1. The work schedule - the amendment specifies the employer's obligation to inform the employee of the work schedule at least 3 days before the start of the shift or the period for which the schedule is drawn up, unless the two parties agree on a different time. However, if the employer does not cancel the shift in time, it is obliged to pay the employee the shift in full.
2. The information obligation (extension) will apply to agreements in a manner similar to employment contracts: informing the employee of certain facts related to the content of the employment relationship within 7 days from the date of its creation, or of changes in the content of the employment relationship at the latest on the date these changes come into effect. If the employee is informed in electronic form, there must be an option for the employee to print or save the document. The employer must also continue to archive proof of the transfer of this information to the employee.
3. Application for permanent employment - employees working on the basis of an agreement will have the right to apply for permanent employment if the employee has worked for at least 180 hours on the agreement with the employer for the last 12 months.
4. The employee has the right to ask the employer in certain circumstances to justify the notice given by the employer. The employer will then be obliged to inform the employee in writing without undue delay about the reasons for the notice.
5. Entitlement to the holiday while on an APW/FWA– a fictitious working time of 20 hours/week will be set. A universal formula can be used for the calculation:  the number of full worked multiples of the weekly working time (WWT) / 52 x WWT x measurement of holidays. The result is in hours.
6. Additional payments - employees on an agreement are newly entitled to additional payments for shift work, holidays and overtime (also substitute time off for overtime), night work, work on holidays, work in a difficult working environment, work on Saturdays and Sundays,
7. Obstacles to work - according to the amendment, they will have the right to provide all obstacles to work.
8. Care-giver’s allowance – they will be entitled to the care-giver’s allowance if they participate in sickness insurance. 

The APW and FWA are to be covered by the same rules as an employment relationship, with the following exceptions: 

• reassignment to another job and transfer;
• temporary assignment;
• severance pay;
• termination of employment;
• remuneration;
• travel allowances and compensation for remote work. 

The employer is no longer obliged to assign work to the employee. The only rule adopted to limit uncertainty regarding APW and FWA should be the new rule that the employer is obliged to schedule each assigned work at least 3 days in advance, i.e., before the start of the shift or the period for which the working time is scheduled, unless the employer and employee agree on another period of scheduling (which can be less than 3 days). 

Parental leave

A written request from the employee to provide parental leave indicating the planned duration of the parental leave will have to be submitted at least 30 days prior to it beginning. 

Since the draft amendment still has to be discussed by the Senate, it is not certain at this time whether any further amendments will be made and that the amendment will be adopted in the current version. The amendment is expected to come into effect in the autumn of this year - for most provisions, it will be effective from the first day of the second month from publication in the Collection of Laws, the provisions on holidays for those on agreements should be valid from 1.1.2024.

Article prepared by: Martina Farářová, Eva Váňová