Amendment to the Czech Labour Code with effect 2023-2024

SME INFO CZ Nr.2023-03: EU Directive 2019/1152, which is being implemented by the currently prepared amendment to the Czech Labour Code, seeks transparent and predictable conditions and work-life balance for EU employees. Czech government approved the amendment on 5.4.2023.
After approval by the Parliament, the individual amendments are to come into effect from 1st October 2023.

The Directive introduces new labour law standards and rules. It also provides a minimum of rights to occasional employees, trainees, those who are employed part-time with an extraordinary working regime, employees who take care of small children or close relatives.

Download here the English+Czech bilingual pdf of SME Info Czechia Nr.2023-03 newsletter:
Amendment to the Czech Labour Code with effect 2023/2024

Information obligation of the employer

The The amendment to the Labour Code newly regulates the employer’s obli- gation to provide information on the content of employment. The information period is reduced from one month to 7 days from the start of the employment relationship. The employer is obliged to inform about the following rights and obligations:

on the duration and conditions of the probationary period
on termination of employment
on the notice period
on the procedure for invalid termination of employment
on the provision of professional development
on the determination of weekly working hours
on the expected weekly work schedule
on the scope of overtime work
on the schedule of minimum continuous daily and weekly rest
on breaks for relaxation
on the length of leave

Electronic delivery and signing of documents

It will now also be possible to conclude contracts and delivered them electroni- cally. Employees must be able to access the digital form of signing the contract. The employee must be able to print and save the contract. The employee may withdraw from the contract within 7 days of receiving the draft contract if they have not already started working. It is up to the employer to prove handover of the documents to the employee in retrospect. Electronic signing of contracts via the employee’s e-mail must be done by e-mail to which the employer does not have access.

It is also possible to send notices to the DataBox, but these deliveries must be in a strict “into your own hands” mode, as well as warning letters and changes in wage assessments. In these situations, it is possible to hand over docu- ments to the employee in person, by DataBox, with a recognized electronic signature, and only if it is not possible in these ways, the documents must be sent by post. If the documents are refused to be accepted, the document is deemed to have been received. The employee must give prior written consent to new delivery mode, which may be revocable at a later date. The written consent shall be confirmed in a separate statement. If they give consent, the fiction of delivery is valid for 10 days from the sending of the message, unless the employee has confirmed receipt. A message sent via email, if not con- firmed within three days, is considered ineffective delivery.

Home office

The Labour Code sets out the conditions for home office in Section 317. A written agreement must be concluded for home office. This does not need to be concluded in the event of the announcement of emergency measures by public authorities. In such exceptional cases, the employer may order home office for the necessary period of time.

Pregnant employees and employees caring for a child under 9 years of age can apply for home office, the employer is not obliged to comply with them, but must justify the refusal in writing.

Companies can reimburse employees the costs associated with working from home. They can choose the form of a flat rate, the amount of which is set at CZK 4.60/hour, which corresponds to about CZK 740 per month for energy, water, waste etc. The amount will be adjusted each year on 1 January. Other costs can be paid by the employer in the actual amount (internet connection, wear and tear of furniture, etc.), the amount paid in excess of the lump sum is subject to wage contributions.

Changes to agreements to work and agreements to working activities

The employer will have to provide:

Annual leave (after working four times the stipulated weekly working time (80 hours) and if the agreement lasts at least 28 consecutive calendar days),
pay overtime and impediments to
After working half a year in the previous year, permanent The employer must justify any non-hiring of the employee for permanent employment in writing.

The weekly working time for calculating Annual Leave will be 20 hours per week. The right to leave does not arise in the case of one-off agreements to work.

Employers will have to provide:

Employees’ work schedule 3 days in advance for reasons of
meal and rest breaks and statutory
justify the termination of the

Entitlement to Annual Leave begins effective from January 1, 2024

Informing the employer about the start of parental

Newly, parents are obliged to apply for parental leave in writing 30 days in advance and state the planned duration when transferring from maternity leave to parental leave

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Download the English+Czech bilingual pdf of SME Info Czechia Nr.2023-03 newsletter:
Amendment to the Czech Labour Code with effect 2023/2024

You may be interested in former editions of SME Info Czechia:

Legislative changes in Czechia – Social insurance payment discount for employer – SME Info Czechia Nr.2023-02

Legislative changes affecting payroll processing since the start of year 2023 in Czechia – SME Info Czechia Nr.2023-01

The purpose of SME INFO is to provide general information and to draw the attention to the current changes in law which we believe to be important for the business operation of our clients. It is not a replacement for careful review of the acts and rules and the consultation with your tax advisor. © Copyrights 2023, Process Solutions, – All rights reserved

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