On September 12, 2023 Czech deputies approved an amendment to the Labor Code which adjusts not only home office working regime or introduces holiday for "contractors". The amendment fulfills the transposition requirements of European directives in order to aim at the digitization of labor law. Most of the changes took effect already on October 1, 2023. Here is a list of the most fundamental changes:

Agreements on work performed outside the employment relationship (typically agreements known as DPP or DPČ)

Having a side job? Pay attention to these main changes! One of the main changes is the introduction of the right to paid vacation, which will depend on the continuous duration of the agreement (min. 4 weeks) and on the number of hours worked (min. 80 hours). The change will take effect on January 1, 2024.

Contractors also be entitled to additional payments for work on public holidays, for night work, for work in a difficult work environment and for work at the weekend. Contractors will have the right to apply for employment to which the employer will be obliged to provide them with a reasoned written answer, within 1 month of its receipt at the latest.

In addition, the contractors will also be entitled to time off due to all permissible obstacles to work on the part of the employee (caused, for example, by visiting a doctor or attending a funeral), but they will not be entitled to compensation. Finally, contractors will have the opportunity to ask the employer for the justification of the notice given by the employer.

Informing about the contents of the employment relationship

Another innovation will be the extended notification of the employee about certain facts related to the content of the employment relationship (e.g. the duration and conditions of the probationary period, scope of overtime work), within 7 days from the date of its creation. In the case of information received electronically, the employee must be able to save or print it.

HR agenda becoming more digital thanks to electronic delivery of important documents

Work with labor documentation has become more effective and administratively easier! Employment contracts, agreements or amendments can be established, changed or terminated electronically between the parties via databox or e-mail which the employee provided to the employer for this purpose. An electronic signature of the employee is not needed anymore. At the same time, the employee has the right to withdraw from the documents concluded in this way, but no later than 7 days from the day he received them.

Stricter delivery conditions will continue to apply only to delivery of notice, immediate cancellation, cancellation during the probationary period (etc.) delivery of a resignation from the position of a senior employee or relinquishment of this position, wage and salary reports etc.

New rules for remote work (“home office”)

Looking for work-life balance that working remotely offers? The employee can ask the employer to allow him to work from home. The employer will not be obliged to comply in all cases but is obliged to justify its rejection in writing, e.g., for serious operational reasons. A written agreement between the employee and the employer is a prerequisite for remote work.

The amendment also comes with the reimbursement of costs incurred by the employee in connection with the performance of remote work. The employer will reimburse costs the employee has duly proved, with a lump sum or if this is stipulated by internal regulations. However, the employer and the employee can also agree in advance in writing that the reimbursement of costs does not belong to the employee.

Continuous rest during the week

Not having enough rest between two shifts? This new interpretation achieves a total continuous rest in a week of a minimum duration of 35 hours, so the employer will now be obliged to actually provide an employee over the age of 18 with a continuous rest of at least 24 hours and an immediately following continuous daily rest of at least 11 hours.

Parental leave

Requesting parental leave (rodičovská dovolená)? The employee will now be required to submit a written request for parental leave at least 30 days before starting. Such an application must also contain information on the duration of parental leave and can be submitted repeatedly.

Possibilities for flexible adjustment of working hours

Having a child under 15 y/o and needing to work less hours? The employer is still obliged to take into account the needs of employees when planning shifts. Pregnant employees, employees caring for a child under the age of 15, or employees who mainly take care of a person can ask the employer in writing for shorter working hours or for another appropriate adjustment of the weekly working hours. The employer is obliged to comply with their request, unless serious operational reasons prevent it. If he does not comply with the request, he is obliged to justify this in writing. The employee may also request in writing to restore or partially restore the range of the original weekly working hours if granted before with shorter working hours or other appropriate adjustment.