Legal Alert | Amendment to the Labour Code - effective from 1. 11. 2022

The Labour Code is one of the most frequently amended pieces of legislation. As of 1 November 2022, EU directives are being transposed, namely the Directive on transparent and predictable working conditions in the European Union and the Directive on work-life balance for parents and persons with caring responsibilities. What do you need to know in order to comply with the amended legislation? Do you need to change your employment documentation or processes?

A selection of the most relevant changes

Start and progress of the employment relationship:

• Modification of the essential elements of the employment contract - it will be sufficient to inform the employee about some of the elements that previously had to be included in the employment contract.
• Obligation to inform about the terms and conditions of employment, e.g. to inform about the method of determining the place of work, the established weekly working hours, or the payment of wages within 7 days of the commencement of the employment relationship, and the amount of vacation days, or the rules on termination of employment within 4 weeks of the commencement of the employment relationship.
• The possibility of providing information electronically under the Labour Code or other regulations, provided that employees have access to such information and can save and print it; this is only a unilateral provision of information, not the conclusion of an agreement or the delivery of a notice of termination.
• Employees may apply for transfer to another form of employment - employees with fixed-term or part-time employment contracts of more than 6 months' duration and whose probationary period has expired may apply for transfer to permanent or fixed-week employment; obligation to state reasons if employer does not grant the application.
• Parents may apply for homeworking/teleworking or home office and any refusal must be justified.

Agreements for the performance of work outside employment :

•  When entering into agreements for work performed outside the employment relationship, obligation to inform about the days and times when the work may be required and the period for informing the employee about the performance of the work prior to its commencement, as well as any change in this information - the employer is obliged to provide the above information as well as bound by them.
• If the employer cancels the work within a period of less than 24 hours, the employee shall be entitled to a partial refund of the remuneration he would have received if the work had been carried out, and that in the amount of at least 30 % of the remuneration.

Delivery of the documents (particularly important in the case of termination of employment):

•  It will be expressly possible to reduce the storage period of documents delivered, but not to less than 10 days. Practical importance in serving notice.

 Paternity leave:

• Explicit introduction of this concept and equation of this institution with maternity leave in terms of, for example, termination of employment, return to work, etc.

Deductions from wages:

• There is no need to conclude an agreement on deductions from wages for the purpose of deductions from wages for a meal allowance (meal voucher) or for the settlement of a financial allowance for meals. The employer may deduct the relevant amounts on the basis of a statutory provision.

Trade unions :

• The method of informing employees about the activities of the trade union and its activities is further regulated.