LABOLR CODE

°Zákoník práce¨
No. 65/1965 Coll.,
as amended by Acts No. 88/1968 CoII.. No. 153/1969 CoII.. No. 100/1970 CoII.. No. 20/1975 CoII.. No.
72/1982 CoII.. No. 111/1984 CoII.. No. 22/1985 CoII.. No. 52/1987 CoII.. No. 98/1987 CoII.. No.
188/1988 CoII.. No. 3/1991 CoII.. No. 297/1991 CoII.. No. 231/1992 CoII.. No. 264/1992 CoII.. No.
590/1992 CoII.. No. 37/1993 CoII.. No. 74/1994 CoII.. No. 118/1995 CoII.. No. 287/1995 CoII.. No.
138/1996 CoII.. No. 167/1999 CoII.. No. 225/1999 CoII.. No. 29/2000 CoII.. No. 155´2000 Coll.¨. No.
220/2000 CoII.. No. 238/2000 CoII.. No. 257/2000 CoII.. No. 258/2000 CoII. (with the fuII wording of the
Labour Code promuIgated in Act No. 85/2001 CoII.). No. 177/2001 Coll.``, No. 6/2002 Coll.``, No.
136/2bb2 Coll.². No. 202/2002 Coll.``, No. 218/2bb2 Coll.², No. 3b9/2bb2 Coll.², No. 311/2bb2 Coll.`
and No. 312/2bb2 Coll.²

The EngIish transIation of these statutory provisions is protected under the Copyright Act. Without prior
permission of Trade Links. s.r.o.. this EngIish transIation may not be distributed for the purpose of making
a profit.
AngIický p ekIad tohoto pravního p edpisu je chran n dIe autorského zakona. Bez p edchozího souhIasu
Trade Links. s.r.o.. je sí ení uvedeného p ekIadu za uceIem zisku zakazano.

* Those amendments. introduced by Act No. 155/2bbb Coll.. which wiII come into force onIy on the
Czech RepubIic's accession to the EU. amendments under Acts No. 136/2bb2 Coll.. No. 311/2bb2 Coll.
and No. 312/2bb2 Coll.. effective as of 1 January 2003. as weII as amendments under Acts No. 218/2bb2
Coll. and No. 3b9/2bb2 Coll.. effective as of 1 January 2004. are printed in bold italics.
** Amendments under Acts No. 177/2001 Coll. (effective as of 31 May 2001). No. 6/2002 Coll. (effective
as of 1 ApriI 2002) and No. 202/2002 Coll. (effective as of 1 JuIy 2002) are printed in bold type.


PART ONE
GENERAL PROVISIONS

CHAPTER I
SCOPE OF THE LABOLR CODE

Section 1
(1) Labour reIations (industriaI reIations) arise between empIoyees and (their) empIoyers.
(2) UnIess the Labour Code or other statutory provisions determine otherwise. Iabour reIations shaII arise
at the earIiest upon the concIusion of an empIoyment contract (pracovní smIouva¨). an agreement for the
performance of a work assignment (dohoda o provedení prace¨). or an agreement on working activity
(dohoda o pracovní cinnosti¨). or. if the empIoyment reIationship (..pracovní pom r¨) of an empIoyee is
based upon eIection or appointment. upon such eIection or appointment.
(3) EmpIoyers shaII ensure equaI treatment of aII empIoyees as regards working conditions. incIuding pay
and other emoIuments in cash or in kind for their work. conditions for their vocationaI training and
opportunities for career deveIopment (promotion).
(4) In Iabour reIations. there shaII be no discrimination against empIoyees on grounds of race. coIour. sex.
sexuaI orientation. Ianguage. reIigious beIief and reIigion. poIiticaI or other conviction. membership or
activity in poIiticaI parties or poIiticaI movements. trade union organizations and other associations.
nationaIity. ethnic origin or sociaI background. property. famiIy. state of heaIth. age. maritaI and famiIy
status or famiIy obIigations. EmpIoyers' conduct which invoIves indirect discrimination (i.e. where the
consequences of such conduct are discriminatory) shaII aIso be prohibited. However. cases Iaid down in
this Code and other statutory provisions. and where the reason consists in the nature of the work carried
out by a certain empIoyee who is indispensabIe for its performance. shaII not be regarded as
discrimination.

Section 2
(1) The Labour Code shaII appIy to reIations arising from the performance of a pubIic office. if this Code
or other statutory provisions expressIy so determine.
(2) If a pubIic office is performed on the basis of an empIoyment reIationship. such reIationship shaII be
governed by the Labour Code.

Section 3
Labour reIations between a co-operative and its members are governed by the Labour Code. unIess
another Act provides otherwise (Note 1).

Section 4
The Labour Code shall only apply to the labour relations oI judicial trainees (articling judges),
state prosecutors, articled clerks (articling attornevs-at-law). members oI the armed Iorces on active
duty and to the emplovees of the state under the Civil Service Act (Note 1a)` when this Code or other
statutory provisions so expressly stipulate.**

* Amendment under Act No. 309/2002 CoII.. effective as of 1 January 2004. is printed in boId itaIics.
** The wording of section 4 (apart from the text in boId itaIics) has taken force on 1 ApriI 2002.


Section 5
The Iabour reIations of officials (officers) of the local self-governing areas². trainees preparing
themselves for the performance of civil service (Note 1b)`². university teachers. transport empIoyees.
commanders of vesseIs and the crews of inIand-water and sea-going vesseIs. and empIoyees of the
Probation and Mediation Service and the Ombudsman's Office shaII be governed by the Labour Code.
unIess other statutory provisions stipuIate otherwise.

* Effective as of 1 January 2003.
** Effective as of 1 January 2004.


Section 6
(1) The Labour Code shaII govern Iabour reIations between empIoyees and foreign (non-resident)
empIoyers in the Czech RepubIic. as weII as those between foreigners empIoyed in the Czech RepubIic
and empIoyers in the Czech RepubIic. unIess private internationaI Iaw determines otherwise.
(2) The Labour Code governs the Iabour reIations of the empIoyees of internationaI organizations having
their seat (registered office) in the Czech RepubIic and estabIished by an internationaI treaty. unIess that
treaty or another internationaI treaty provides for otherwise.
(3) The Labour Code governs the Iabour reIations of empIoyees in joint ventures. i.e. enterprises with
foreign capitaI interest (Note 2). and of empIoyers with an internationaI eIement (Note 3) having their seat
in the Czech RepubIic. unIess these empIoyees work and reside in that foreign country. in which case their
Iabour reIations are governed by the Iaw which is appIicabIe under the statutory provisions on private
internationaI Iaw.
(4) In the case of the Iabour reIations of empIoyees of the empIoyers pursuant to subsection (2) and joint
ventures (enterprises with foreign capitaI interest). the government may stipuIate in its decree a reguIatory
framework differing from that of the Labour Code with regard to the creation. modification. and
termination of an empIoyment reIationship or work discipIine. working time and periods of rest.
remuneration. paid time off. the reimbursement of expenses connected to the performance of work.
compensation for damage (i.e. damages) and derogations from Iabour-Iaw provisions on the ascertainment
and appIication of average earnings.
(5) Subsections (2) to (4) shaII not appIy to empIoyees of state administrative authorities.

Section 6`
(1) The Labour Code shaII govern Iabour reIations between empIoyees and foreign (non-resident)
empIoyers in the Czech RepubIic. as weII as those between foreigners empIoyed in the Czech RepubIic
and empIoyers in the Czech RepubIic. unIess private internationaI Iaw determines otherwise.
(2) If an emplovee is posted to carrv out work within the territorv of another Member State of the
European Communities, he shall be subject to the statutorv provisions of the Member State where he
carries out such work as regards:
(a) the length of working time and rest periods:
(b) the length of paid leave per annum:
(c) the minimum wage, minimum wage rates and premium (bonus) pavments for overtime work:
(d) safetv and protection of health at work:
(e) working conditions for women and adolescents people and emplovees taking care of at least one
child under three vears of age:
(I) equal treatment of men and women and the prohibition of discrimination.
1he first sentence shall not applv if entitlements under Czech statutorv provisions are more
advantageous for such emplovee. 1he level of advantages shall be considered separatelv for each work-
related (labour-law) entitlement.
(3) Subsection (2)(c) shall not applv if the time of posting of an emplovee does not exceed one month
within the last 12 months from the start of the emplovee's posting.
(4) Subsection (2)(b) and (c) shall not applv if the period of work carried out bv the posted emplovee
does not exceed 22 davs in the last 12 months from the start of his posting.
(5) Subsections (2) to (4) shaII not appIy to empIoyees of state administrative authorities.

* Section 6* in the wording which wiII take effect on the Czech RepubIic's accession to the EU.


CHAPTER II
PARTIES TO LABOLR RELATIONS

Section 7
(1) Labour reIations under this Code may onIy be created with the consent of an individuaI (a naturaI
person) and an empIoyer.
(2) Exercise of the rights and obIigations ensuing from Iabour reIations may not be abused by anybody to
the detriment of another party to Iabour reIations or to the demeaning of human dignity. Such demeaning
shaII aIso invoIve undesirabIe behaviour of a sexuaI nature (sexuaI harassment) at the workpIace if such
conduct is unweIcome. unsuitabIe or insuIting. or if it can justifiabIy be perceived by the party
(participant) concerned as a condition for decisions affecting the exercise of rights and obIigations ensuing
from Iabour reIations.
(3) An empIoyer may not sanction his empIoyee or put him at a disadvantage onIy because the empIoyee
cIaims rights and entitIements ensuing from Iabour reIations in a IawfuI manner.
(4) If rights and obIigations reIating to fair treatment of men and women in Iabour reIations are infringed
(breached). the empIoyee concerned is entitIed to demand desistance from such infringement. removaI of
the consequences of this infringement and appropriate satisfaction.
(5) If such empIoyee's dignity or esteem (reputation) at the workpIace is substantiaIIy harmed and
rectification under subsection (4) is not sufficient. the empIoyee may cIaim monetary compensation for
this non-materiaI detriment.
(6) The amount of compensation under subsection (5) shaII be determined by the (competent) court.
taking into account the severity of the detriment and the circumstances under which rights and obIigations
were infringed (breached).

Employers
Section 8
(1) For the purposes of this Code. the term empIoyer¨ means a IegaI entity (IegaI person) or an
individuaI (a naturaI person) empIoying individuaIs in the context of Iabour reIations and. if the Iaw so
provides. aIso in the context of other anaIogous Iabour reIations.
(2) An empIoyer shaII enter into Iabour reIations in his own name and bear the responsibiIity (IiabiIity)
ensuing from those reIations. The same shaII appIy to such empIoyer's organizationaI components
(estabIishments) if specific provisions so provide. or if the statutes (by-Iaws) of civic associations pursuant
to another Act (Note 29) so stipuIate: however. if an empIoyer is a party to Iabour reIations. this
empIoyer's organizationaI component may not be concurrentIy a party to those Iabour reIations. and vice
versa.
(3) EmpIoyers are obIiged to ensure that they create and deveIop Iabour reIations in conformity with this
Code. other statutory provisions and the ruIes of decency and civic coexistence.

Section 8a
The capacity of an individuaI to have rights and obIigations (duties) in Iabour reIations as an
empIoyer arises at birth. The capacity of an individuaI by his own acts in Iaw to acquire rights and to
assume obIigations in Iabour reIations as an empIoyer commences when he reaches the age of 18 years.

Section 8b
(1) If the State is a party to Iabour reIations. it shaII be regarded as a IegaI entity and an empIoyer: the
same shaII appIy to other anaIogous Iabour reIations.
(2) The competent organizationaI component (estabIishment) of the State (Note 40) shaII act on behaIf of
the State in Iabour reIations.

Section 9
(1) Acts in Iaw concerning Iabour reIations are performed. in the case of an empIoyer which is a IegaI
entity. primariIy by its statutory organ and. in the case of an empIoyer who is an individuaI. by the
empIoyer: such acts may aIso be undertaken by persons authorized (empowered) thereto by the empIoyer.
Other empIoyees of the empIoyer. in particuIar the heads of his organizationaI divisions. are authorized as
organs of the empIoyer to perform on behaIf of the empIoyer those acts in Iaw ensuing from their offices
(duties) as set down in the organizationaI reguIations (ruIes).
(2) The empIoyer may. within the bounds of his competence. confer on other of his empIoyees the right to
perform (in the empIoyer's name) acts in Iaw concerning Iabour reIations. The scope of the authority
conferred on an entrusted (empowered) empIoyee must be stated in writing.
(3) An empIoyer's manageriaI staff (empIoyees) shaII mean organs of the empIoyer |subsection (1)|. as
weII as the empIoyer's other empIoyees who are empowered with management at individuaI IeveIs of such
empIoyer's operations: managing empIoyees (manageriaI staff) are authorized to formuIate and assign
work tasks to subordinate empIoyees. to organize. manage and supervise their work. and to give them
binding instructions for that purpose.

Section 9a
(1) In the cases referred to in section 8b. acts in Iaw in Iabour reIations shaII be undertaken by the head of
the State's organizationaI component (estabIishment: Note 40) to which these acts in Iaw (IegaI
transactions) reIate. Other empIoyees. in particuIar those heading sections of such estabIishment. shaII be
authorized to undertake acts in Iaw reIating to their posts. as stipuIated in the organizationaI reguIations
(ruIes).
(2) The head of an estabIishment (organizationaI component) of the State may authorize other empIoyees
working in such estabIishment to undertake certain acts in Iaw concerning Iabour reIations.
(3) Those empIoyees heading estabIishments (organizationaI components) of the State and sections of
such estabIishments |subsection (1)| shaII be regarded as the empIoyer's manageriaI staff under section
9(3).

Section 10
(1) Acts in Iaw undertaken by the empIoyer's organs or authorized empIoyees |sections 9(1).(2) and
9a(1).(2)| are binding on the empIoyer. who aIso acquires rights from such acts.
(2) If an organ or authorized empIoyee exceeds its/his authority by an act in Iaw. such act in Iaw in Iabour
reIations shaII not bind the empIoyer if the empIoyee concerned must have known that the empIoyer's
organ or authorized empIoyee had exceeded its/his authority. The same shaII appIy if an act in Iaw is
undertaken by an empIoyer's empIoyee who is neither authorized to undertake such act as part of his
responsibiIities. nor specificaIIy authorized thereto.

Section 11
Employees
(1) An individuaI shaII acquire the capacity to have rights and obIigations (duties) in Iabour reIations and
the capacity. by his own acts in Iaw. to acquire these rights and take on these obIigations (duties) on the
day he reaches the age of 15. unIess further provided for otherwise. However. an empIoyer may not agree
with an individuaI to take up his empIoyment on a day which precedes the day when he compIetes
compuIsory schooI attendance.
(2) An individuaI who compIetes his compuIsory schooI attendance at an auxiIiary schooI before reaching
the age of 15 shaII acquire the capacity to have rights and obIigations in Iabour reIations and the capacity.
by his own acts in Iaw. to acquire these rights and take on these obIigations (duties) on the day that his
compuIsory schooI attendance finishes. but not earIier than the day on which he reaches the age of 14.
(3) An empIoyee may concIude an agreement making him IiabIe for property entrusted to him (materiaI
IiabiIity: section 176) at the earIiest on the day he reaches the age of 18.
(4) The Government shaII Iay down in a decree:
(a) the range of. and conditions attached to. performance of other appropriate work which. in addition to
sociaIIy usefuI work (Note 4). individuaIs who have reached the age of 15 may perform. even prior to
compIeting compuIsory schooI attendance:
(b) the range of. and conditions attached to. performance of appropriate work which may be carried out
by individuaIs who have finished their compuIsory schooI attendance in an auxiIiary schooI if they
have reached at Ieast the age of 14.

Section 12
(1) An empIoyee may Iose the capacity to perform acts in Iaw under the preceding provisions onIy by the
decision (ruIing. judgment) of a court. Acts in Iaw for which such empIoyee Iacks IegaI capacity shaII be
performed for him by his representative: however. such representative may not concIude an agreement on
the empIoyee's behaIf making him IiabIe for property entrusted to him (an agreement on materiaI IiabiIity).
(2) The (competent) court shaII restrict an empIoyee's capacity to perform acts in Iaw and determine in its
decision (ruIing. judgment) the extent of this restriction if. due to a mentaI disorder which is not mereIy
temporary. or due to excessive consumption of aIcohoIic beverages or other addictive substances or
narcotic substances. the empIoyee is onIy abIe to perform some acts in Iaw.
(3) If. due to a mentaI disorder which is not mereIy temporary. an empIoyee is entireIy incapabIe of
undertaking acts in Iaw. the court shaII deprive him of his capacity to perform such acts.
(4) The court shaII modify or canceI a deprivation or restriction of the capacity to undertake acts in Iaw if
the reasons for its imposition change or if they cease to exist.

Section 13
Repealed

Representation
Section 14
(1) A representative reIationship arises on the basis of an agreement granting a power of attorney or on
the basis of a judiciaI decision (ruIing. judgment). The representative acts in the name of the represented
person. and the represented person directIy acquires rights and assumes obIigations as a resuIt of such
representation.
(2) A person may not represent another if he himseIf Iacks the capacity to perform acts in Iaw. or if his
interests confIict with those of the represented person.
(3) A representative must act in person: he may appoint another representative (as his deputy) onIy if the
statutory provisions so provide or if the parties have so agreed. The represented person aIso directIy
acquires rights and assumes obIigations as a resuIt of acts in Iaw undertaken by such other representative.
(4) If a representative exceeds his power of attorney (authorization). the represented person is bound by
the act in question onIy if he approves it or if he acts on the basis thereof.

Section 15
(1) An empIoyee and an empIoyer may be represented by another individuaI or IegaI entity.
(2) The creation of a representative reIationship requires a written power of attorney. in which the extent
of the representative's authorization is stated. otherwise it is not vaIid.
(3) If a power of attorney granted to severaI representatives does not provide otherwise. they must aII act
jointIy.

Section 16
(1) A power of attorney terminates if the represented person withdraws it or the representative canceIs
(revokes) it. The withdrawaI or canceIIation must be in writing. otherwise it is not vaIid. A power of
attorney aIso terminates upon the death of any party to it or by the dissoIution of the empIoyer.
(2) For anyone other than the representative and the represented person. the termination of a power of
attorney becomes effective against him onIy when he Iearns about it.
(3) If the represented person dies or if the representative canceIs (revokes) the power of attorney. the
representative is obIiged to undertake acts which do not aIIow of deIay so that the represented person does
not suffer any detriment to his rights. The acts so performed have the same IegaI effects (consequences) as
if the representation had continued provided that such acts are not contrary to those undertaken by the
represented person or his heirs.

Section 17
(1) A court-appointed guardian represents an empIoyee whose capacity to perform acts in Iaw has been
restricted or who has been deprived of the capacity to undertake acts in Iaw by a judiciaI decision (ruIing).
(2) A court may aIso appoint a guardian for a person whose pIace of residence is not known. if this is
necessary to protect his interests or the interests of society. A court may aIso appoint a guardian under the
same conditions if this is necessary for other serious reasons.
(3) If the interests of the guardian confIict with those of the person he represents. or if the interests of
persons represented by the same guardian confIict. a court shaII appoint a speciaI guardian.

CHAPTER III

Section 18
(1) EmpIoyees have the right to information and consuItation (i.e. to be informed and consuIted). The
empIoyer shaII inform his empIoyees and discuss matters with them directIy. unIess at such empIoyer's
enterprise there is a trade union organization (organ. body) or a works counciI (i.e. empIoyees' counciI). or
there are representatives concerned with safety and the protection of heaIth at work (coIIectiveIy referred
to as empIoyees' representatives¨). ConsuItation(s) shaII mean discussions (negotiations) between the
empIoyer and his empIoyees. or between the empIoyer and empIoyees' representatives. which are aimed at
reaching an agreement.
(2) The empIoyer shaII inform his empIoyees of:
(a) the empIoyer's economic and financiaI situation. impacts of the empIoyer's activity on the
environment. and ecoIogicaI measures (precautions) taken by the empIoyer:
(b) a transfer under section 249:
(c) the empIoyer's IegaI status and changes in such status. the internaI organizationaI structure and the
person authorized (empowered) to act on behaIf and in the name of the empIoyer in Iabour reIations.
and changes in the empIoyer's business activities:
(d) IikeIy deveIopments in empIoyment at this empIoyer's enterprise:
(e) envisaged structuraI changes. rationaIization or organizationaI measures and measures reIating to
Iarge-scaIe dismissaI (coIIective redundancies) of empIoyees pursuant to section 52(2) to (4):
(I) the number and structure of empIoyees. fundamentaI issues concerning working conditions and
changes in them:
(g) safety and the protection of heaIth at work. within the scope Iaid down in Chapter V of Part Two.
(3) The empIoyer shaII consuIt his empIoyees on:
(a) a transfer under section 249:
(b) measures reIating to Iarge-scaIe dismissaI of empIoyees pursuant to section 52(2) to (4):
(c) issues of safety and the protection of heaIth at work. within the scope Iaid down in Chapter V of Part
Two.

Section 18a`
Emplovees of the emplovers referred to in section 25d shall have the right to information and
consultation regarding the interests of emplovees, as laid down in an agreement on the establishment of
a European works council or on the basis of some other procedure agreed for the purposes of
informing and consulting emplovees at transnational level or in the scope laid down in section 25j(8).

* Section 18a wiII become effective on the Czech RepubIic's accession to the EU.


Section 18b
(1) Trade unions shaII have the right to take part in Iabour reIations. incIuding coIIective bargaining.
under the conditions Iaid down by Iaw.
(2) The empIoyer in particuIar shaII inform the competent trade union organization (body) of:
(a) deveIopments regarding wages. saIaries. the average wage and its individuaI constituents. incIuding
information about the average wage of the various occupationaI categories unIess it is agreed
otherwise:
(b) the matters Iaid down in section 18(2).
(3) The empIoyer shaII in particuIar consuIt the competent trade union organization (body) on:
(a) the empIoyer's economic situation:
(b) work norms (standards) pursuant to another Act (Note 4a):
(c) changes in work organization:
(d) the system of appraisaI and remuneration of empIoyees:
(e) the system of empIoyees' training and education:
(I) measures to create conditions for the empIoyment of individuaIs. especiaIIy adoIescents. persons
taking care of a chiId under 15 years of age. and disabIed persons. incIuding substantiaI issues reIating
to the care for empIoyees. measures aimed at improving hygiene at work and the working
environment. and the organization of sociaI. cuIturaI and physicaI training services:
(g) other measures which reIate to a Iarger number of empIoyees:
(h) measures pursuant to section 18(3).
(4) Where the empIoyer and the competent trade union organization (body) agree on the matters pursuant
to subsection (3)(c). (d). (e). (f) or (g). these matters may be reguIated by an agreement.
(5) The competent state authorities shaII consuIt trade union bodies on issues concerning the working and
Iiving conditions of empIoyees and provide the trade union bodies with the necessary information.

Section 19
The empIoyer and the competent trade union organization (body) shaII co-decide about the aIIocation
of financiaI resources to the fund for cuIturaI and sociaI needs and withdrawaIs from the fund. acting
thereby in accordance with other statutory provisions (Note 13).

Section 20
(1) The procedure to be foIIowed when entering into a coIIective bargaining agreement (at the enterprise
or a higher IeveI) is Iaid down in another Act (Note 14).
(2) Wages or other entitIements ensuing from Iabour reIations may be reguIated in coIIective bargaining
agreements. within the framework of the provisions on Iabour reIations. Where this Code determines the
cases in which it is possibIe to increase or widen empIoyees' rights (ensuing from Iabour reIations) through
coIIective bargaining agreements. it shaII appIy to empIoyers carrying on business (i.e. entrepreneuriaI)
activities (Note 15). unIess it is expressIy stipuIated otherwise.
(3) EntitIements (rights) which individuaI empIoyees acquire under coIIective bargaining agreements are
asserted and satisfied Iike other empIoyees' entitIements ensuing from their empIoyment reIationship.

Section 21
(1) With the exception of entitIements to wages and reimbursement of traveIIing expenses. entitIements
ensuing from Iabour reIations which can be reguIated under Iabour-Iaw provisions in coIIective bargaining
agreements may be set out in an empIoyer's internaI reguIations (ruIes) if no trade union organization has
been formed by such empIoyer's empIoyees.
(2) If certain entitIements ensuing from Iabour reIations are reguIated both by a coIIective bargaining
agreement and internaI reguIations which were issued prior to the formation of a trade union organization.
the arrangements contained in the coIIective bargaining agreement shaII appIy.
(3) InternaI reguIations are void if they were not issued in writing or if they are contrary to the statutory
provisions. or if they are issued by an empIoyer whose empIoyees have formed a trade union organization.

Section 22
(1) Trade union organizations (bodies) shaII ensure compIiance with the provisions of this Code and other
provisions on Iabour reIations. incIuding those on wages. safety and heaIth protection at work and on
empIoyment (hereafter Iabour-Iaw provisions¨).
(2) The competent trade union bodies (organs) have the right to supervise an empIoyer's compIiance with
Iabour-Iaw provisions. internaI reguIations (ruIes). and obIigations ensuing from coIIective bargaining
agreements. They are thereby authorized in particuIar:
(a) to enter individuaI empIoyers' workpIaces:
(b) to request necessary information and documents from manageriaI staff:
(c) to submit proposaIs for the improvement of working conditions:
(d) to request an empIoyer. or an organ superior to such empIoyer. to order the rectification of
irreguIarities which have been found:
(e) to propose to empIoyers. organs superior to them. or other organs (bodies) entrusted with the
supervision of compIiance with the Iaw in Iabour reIations that they take suitabIe measures. in
accordance with the statutory provisions. against manageriaI empIoyees who are in breach of Iabour-
Iaw provisions or the duties ensuing to them from coIIective bargaining agreements:
(I) to demand reports from empIoyers or organs (bodies) superior to them on measures which were taken
to eIiminate irreguIarities discovered during inspection activity and to impIement proposaIs submitted
by the trade union organs which carried out the inspection activity.
Where the inspection activity reIates to personaI information on an empIoyee. and this information is
subject to the provisions on the protection of personaI rights (Note 30). such information (data) may be
provided onIy with the prior consent of the empIoyee.
(3) In the case of nationaI defence faciIities. onIy those trade union organs which are permitted under
other speciaI statutory provisions to enter such faciIities may carry out an inspection.
(4) The provisions of subsection (2) shaII not affect the right of inspection (supervision) pertaining to
other organs (authorities) under other statutory provisions.

Section 23
(1) CentraI state authorities which issue Iabour-Iaw provisions (reguIations) on the basis of this Code or
other Iaws shaII consuIt the competent centraI trade union body and the competent empIoyers' association
(organization) on these provisions. CentraI state authorities may onIy issue Iabour-Iaw provisions
(reguIations) for particuIar branches of the economy after agreement with the Ministry of Labour and
SociaI Affairs and aIso. in the case of provisions (reguIations) on ensuring safety and the protection of
heaIth at work. after agreement with the competent authority of the state speciaIist supervision.
(2) ConsuItations shaII be heId with the competent centraI trade union bodies (organs) and the competent
empIoyers' associations on IegisIative biIIs and proposaIs for reguIations reIating to the important interests
of empIoyees. especiaIIy economic. production. working. wage. cuIturaI and sociaI conditions.

Section 23a
Repealed

Section 24
(1) In order to ensure the right to information and consuItation. empIoyees who are empIoyed by an
empIoyer where there is no trade union organization may eIect a works counciI (i.e. an empIoyees'
counciI) or representatives concerned with safety and the protection of heaIth at work.
(2) The empIoyer shaII inform the works counciI and consuIt it on matters in the scope determined in
section 18(2)(a) to (f) and (3)(a) and (b).
(3) The empIoyer shaII inform representatives concerned with safety and the protection of heaIth at work
and consuIt them on matters in the scope determined in section 18(2)(g) and (3)(c).

Section 25
(1) A works counciI can be eIected if there are more than 25 empIoyees in an empIoyment reIationship
with one empIoyer. The works counciI shaII have no Iess than three and not more than 15 members. The
number of members must aIways be odd. A representative concerned with safety and the protection of
heaIth at work can be eIected if there are more than ten empIoyees in an empIoyment reIationship with one
empIoyer: the totaI number of such representatives shaII depend on the totaI number of the empIoyer's
empIoyees and on the risk attached to the types of work carried out by the empIoyees. but there shaII be a
maximum of ten workers to each such representative. The number of members of the works counciI and of
representatives concerned with safety and the protection of heaIth at work shaII be determined by the
empIoyer after consuItation with the eIection commission appointed pursuant to section 25a(2).
(2) The term of office of the works counciI and representative(s) concerned with safety and the protection
of heaIth at work shaII be three years.
(3) For the purposes of eIecting a works counciI or representatives concerned with safety and the
protection of heaIth at work. the number of empIoyees who are in an empIoyment reIationship with the
empIoyer at the day of making a written proposaI for the hoIding of eIections shaII be decisive.
(4) A works counciI shaII eIect a chairman at its first meeting and inform both the empIoyer and
empIoyees of his name.
(5) If rights and obIigations (reIating to Iabour reIations) are transferred from an existing empIoyer (the
transferor) to another empIoyer (the transferee) when there is a works counciI and representatives
concerned with safety and the protection at work at both the transferor's undertaking (enterprise) and the
transferee's undertaking. it shaII be the transferee who. in the cases pursuant to section 18(2) and (3). shaII
meet the (empIoyer's) obIigations to both works counciIs and such representatives. unIess something eIse
is agreed between the works counciIs and such representatives and the empIoyer. The works counciIs and
representatives concerned with safety and the protection of heaIth at work shaII meet their obIigations
pursuant to section 24 untiI the day when their terms of office expire. If the number of members in one of
such works counciIs faIIs to Iess than three before the end of the term of office. the other works counciI
shaII take over its function.
(6) The term of office of a works counciI and of a representative (representatives) concerned with safety
and the protection of heaIth at work shaII expire on the day:
(a) when a trade union organization proves to the empIoyer that it has been estabIished and is functioning:
(b) on expiry of the term of office:
(c) on transfer of the empIoyer's undertaking (i.e. enterprise) if there is a trade union organization at the
transferee's undertaking (enterprise) or at the transferor's undertaking (enterprise).
(7) In addition to the cases pursuant to subsection (6). a works counciI shaII aIso be dissoIved if the
number of its members has dropped beIow three.
(8) In the cases referred to in subsections (6) and (7). the works counciI or the representative concerned
with safety and the protection of heaIth at work shaII pass aII documents reIating to the performance of
their duties to the empIoyer. who shaII keep these documents for a period of five years after dissoIution of
the works counciI or the office of the representative concerned with safety and the protection of heaIth at
work.
(9) Membership in a works counciI or the office of representative concerned with safety and the
protection of heaIth at work shaII terminate on the day:
(a) of giving up such office (function):
(b) on which the empIoyment reIationship (of such member or representative) with the empIoyer
terminates.

Section 25a
(1) EIection shaII be announced by the empIoyer concerned on the basis of a written proposaI. signed by
no Iess than one-third of the empIoyees who are in an empIoyment reIationship with such empIoyer.
within three months of deIivery of such proposaI.
(2) The eIection shaII be organized by an eIection commission composed of no Iess than three and no
more than nine of the empIoyer's empIoyees. The number of members of such eIection commission shaII
be determined by the empIoyer. taking into account the number of his empIoyees and the internaI
organizationaI structure. The members of the eIection commission shaII be empIoyees in the order in
which they signed the written proposaI for the eIection of a works counciI. The empIoyer shaII inform the
empIoyees of the composition of the eIection commission. The empIoyer is obIiged to provide the
necessary information and documents for the purposes of hoIding the eIection. in particuIar a Iist of aII
empIoyees in an empIoyment reIationship (with this empIoyer).
(3) The eIection commission shaII:
(a) in agreement with the empIoyer. determine the eIection date at Ieast one month before the eIection is
heId and the finaI date by which nominations can be made:
(b) draw up and pubIish the ruIes for such eIection:
(c) compiIe a Iist of candidates (nominees) based on the nominations made by empIoyees who are in an
empIoyment reIationship with the empIoyer: the Iist of candidates shaII be pubIished (made known)
weII in advance of the hoIding of the eIection:
(d) organize and oversee the eIection:
(e) decide on compIaints regarding errors and irreguIarities in the Iist of candidates:
(I) count the votes and draw up a written report on the resuIt of the eIection in two copies: one copy shaII
be handed over to the eIected works counciI or the eIected representatives concerned with safety and
the protection of heaIth at work. one copy shaII be given to the empIoyer:
(g) inform the empIoyer and aII the empIoyees of the resuIt of the eIection.
(4) The eIection shaII be by direct. equaI and secret baIIot. Voting must be onIy in person. If the eIection
is to be vaIid. at Ieast one haIf of the empIoyer's empIoyees eIigibIe to take part in the eIection must cast
their votes. disregarding those empIoyees who were prevented from taking part in the eIection due to some
impediment at work or because they were working away. Each voter may cast such a number of votes for
candidates which corresponds to the number of seats on the works counciI: each voter may cast onIy one
vote for one candidate. If a voter does not compIy with these ruIes. his votes shaII be void.
(5) The eIection shaII take pIace at the workpIace during working time. Participation in the eIection shaII
be regarded as an act of common interest. and the empIoyer shaII grant his empIoyees the necessary time
off for such voting. with compensatory pay in the amount of average earnings. The cost of the eIection
shaII be borne by the empIoyer.
(6) AII empIoyees who are in an empIoyment reIationship with the empIoyer concerned may vote and be
eIected.
(7) Any empIoyee who is in an empIoyment reIationship with the empIoyer may nominate candidates. No
Iater than the date determined by the eIection commission. such nominations must be put to the eIection
commission in writing and accompanied by the nominee's written consent to nomination.
(8) The eIection shaII not take pIace if. by the finaI date determined for the acceptance of nominations. the
eIection commission has not received:
(a) at Ieast three nominations for the works counciI:
(b) at Ieast one nomination for a representative concerned with safety and the protection of heaIth at
work.
(9) Those candidates who obtain the highest number of vaIid votes shaII be eIected as members of the
works counciI or as representatives concerned with safety and the protection of heaIth at work. according
to the predetermined number of members of the works counciI or such representatives. Those candidates
pIaced Iower (i.e. with fewer votes) shaII serve as substitutes: they shaII become members of the works
counciI or representatives concerned with safety and the protection of heaIth at work on the day when
there is a vacancy. and they shaII succeed to such office in the order of the number of vaIid votes obtained
in the eIection. If there are two or more candidates who obtained an equaI number of vaIid votes. the
commission shaII determine the successfuI substitute by drawing Iots.
(10) A written report on the resuIts of the eIection shaII be kept by the empIoyer for a period of five years
after the day of the eIection.

Section 25b
(1) Any empIoyee who is in an empIoyment reIationship with the empIoyer. as weII as the empIoyer. may
submit to the eIection commission a written compIaint concerning errors and irreguIarities in the Iist of
candidates and propose a correction. but no Iater than three days before the scheduIed day of the eIection.
The eIection commission shaII ruIe on such compIaint and notify the compIainant in writing of its decision
no Iater than the day which precedes the day of the eIection. The commission's decision is finaI and is
exempt from judiciaI review.
(2) Any empIoyee who is in an empIoyment reIationship with the empIoyer. as weII as the empIoyer. may
fiIe a petition with the court demanding nuIIification of the eIection resuIts. seeking thereby the court's
protection under another Act (Note 30a). if this person has a reason to beIieve that the Iaw was breached.
and such breach couId have substantiaIIy affected the eIection resuIts. Such petition may be fiIed in
writing within eight days of the announcement of the eIection resuIts.
(3) If the court ruIes that the eIection resuIts are void. there shaII be a repeat eIection within three months
of the day when the court's ruIing takes effect. Members of the eIection commission for the repeat eIection
shaII be empIoyees pursuant to section 25a(2). except for empIoyees who were members of the eIection
commission or candidates (in the originaI eIection).

Section 25c
(1) Members of the competent trade union organization (body) or works counciI and representatives
concerned with safety and the protection of heaIth at work may not be discriminated against or
disadvantaged in their entitIements due to the performance of their duties: they may not. however. be
granted any advantages. either.
(2) The empIoyees' representatives and. in the case determined in section 18(1)(second sentence).
empIoyees shaII have the right to ask the empIoyer to provide suppIementary information and answers to
questions.
(3) The empIoyees' representatives shaII in an appropriate manner inform other empIoyees at aII
workpIaces of their activity and the content and concIusions of the information provided by the empIoyer
and of consuItation(s) with him.
(4) The empIoyer shaII faciIitate the hoIding of eIections of empIoyees' representatives and create
conditions. at his own expense. for the proper performance of their activity. in particuIar by providing
them. in accordance with his operationaI possibiIities and to an appropriate extent. with suitabIy-equipped
rooms. covering the necessary cost of their maintenance and technicaI operation and the required
documentation.
(5) The empIoyer shaII provide members of the eIection commission pursuant to section 25a(2) and
members of the competent trade union organization (body). works counciI and representatives concerned
with safety and the protection of heaIth at work with time off to the necessary extent and with a
compensatory wage in the amount of their average earnings. Exercise of the functions of a member of the
eIection commission and empIoyees' representative shaII be an act in the common interest.
(6) Members of the competent trade union organization (body) and the works counciI and representatives
concerned with safety and protection of heaIth at work shaII keep in confidence those facts of which they
Iearn when exercising their function (office) if a breach of this obIigation couId resuIt in the discIosure of
secret information or infringe the Iegitimate interests of the empIoyer or his empIoyees. This obIigation
shaII continue to appIy aIso for a period of one year after the expiry of their terms of office. unIess some
speciaI statutory provisions stipuIate otherwise.
(7) The empIoyer shaII discuss with his empIoyee or. on his request. with the empIoyees' representatives.
any compIaint made by such empIoyee when his compIaint concerns the exercise of rights and obIigations
ensuing from Iabour reIations. This shaII not affect the empIoyee's right to cIaim his rights at the court.

Access to Transnational InIormation and Consultation
Section 25d
Toint Provisions`
(1) 1he right of emplovees of European Communitv-scale (hereafter "Communitv-scale") emplovers
(undertakings) to transnational information and consultation shall be effected bv an agreed procedure
for transnational information and consultation or through their European works councils. A European
works council will be set up when this is agreed bv a special negotiating bodv of the emplovees and their
emplover's central management or pursuant to section 25j. At his own expense, a communitv-scale
emplover shall create the conditions necessarv for the establishment and proper activitv of a special
negotiating bodv or a European works council or some other agreed procedure, and in particular cover
the cost of organizing meetings, interpreting, travel and accommodation of members (of such a special
negotiating bodv or European works council) relating to their proper activitv and expenses per one
expert, unless the settlement of other expenses is agreed with the emplover's central management.

* Sections 25d to 25k shaII become effective on the Czech RepubIic's accession to the EU.


(2) 1he obligation to provide transnational (supranational) information and consultation shall applv
to:
(a) a Communitv-scale emplover or a Communitv-scale group of emplovers (undertakings) with a seat
in the Czech Republic:
(b) establishments (i.e. organizational components: in Czech "organizacní jednotkv") of a Communitv-
scale emplover or a Communitv-scale group of emplovers with a seat in the Czech Republic (Note
3bb):
(c) representatives of a Communitv-scale emplover or a Communitv-scale group of emplovers pursuant
to subsection (7), if thev have seat in the Czech Republic.
(3) For the purposes of this Code, a Member State means anv member countrv of the European
Communities.
(4) For the purposes of this Code, "a Communitv-scale emplover" (or "a Communitv-scale
undertaking": in Czech "zam stnavatel s p sobností na území Evropskvch spolecenství") shall mean
anv emplover (undertaking) with at least 1,bbb emplovees in the Member States and at least 15b
emplovees in each of at least two Member States.
(5) For the purposes of this Code, "a Communitv-scale group of emplovers" (or "a Communitv-scale
group of undertakings": in Czech "skupina zam stnavatel s p sobností na území Evropskvch
spolecenství") shall mean a group of emplovers associated (interrelated) through one and the same
controlling emplover (the controlling undertaking), if such group of emplovers has the following
characteristics:
(a) at least 1,bbb emplovees in all the Member States: and
(b) at least two of the emplovers in such group have seats in different Member States: and
(c) at least one of the emplovers in such group emplovs at least 15b emplovees in one Member State
and at least one other emplover in the group emplovs at least 15b emplovees in another Member
State.
(6) For the purposes of this Code, "a controlling emplover" (or "a controlling undertaking": in Czech
" ídící zam stnavatel") shall mean an emplover which can control, directlv or indirectlv, another
emplover or other emplovers within one group (,,a controlled emplover" or "a controlled undertaking":
in Czech " ízenv zam stnavatel"). An emplover shall be regarded as a controlling emplover if, directlv
or indirectlv in relation to another emplover (of the same group):
(a) can appoint more than half of the members of another emplover's administrative, management or
supervisorv organ (bodv): or
(b) controls a majoritv of the shareholders' votes in such other emplover: or
(c) owns a majoritv of such emplover's registered (subscribed) capital:
unless it is proven that another emplover in such group of emplovers has a stronger influence. If in a
Communitv-scale group of emplovers there are more emplovers meeting the above criteria, the
controlling emplover shall be determined according to the criteria in the order stated in the second
sentence. For this purpose, the controlling emplover's rights relating to voting and appointment shall
also include the rights of anv controlled emplover and those of anv person or organ (bodv) acting in the
controlling emplover's name or in the name of anv controlled emplover (i.e. anv emplover controlled bv
the controlling emplover). However, an emplover who in relation to another emplover has an interest
pursuant to Article 3(5)(a) or (c) of the (EEC) Council Regulation No. 4b64/89 of 21 December 1989
on the control of concentrations between undertakings (referred to as "the Merger Regulation") shall
not be deemed to be a controlling emplover (a controlling undertaking).
(7) For the purposes of this Code, "central management" (in Czech "úst edí") shall mean the central
management of a Communitv-scale emplover or, in the case of a Communitv-scale group of emplovers,
of the controlling emplover. If such central management is not in a Member State, a representative
appointed bv the central management shall be regarded as the central management for the purposes of
this Code. If this representative has not been appointed, the emplover (undertaking) emploving the
highest number of emplovees in a Member State (in comparison with the number of emplovees in other
Member States) shall be regarded as the central management.
(8) 1he provisions on information and consultation shall onlv applv to emplovers with their seats in
Member States, unless a wider scope is agreed.
(9) For the purposes of this Code, the number of emplovees shall be determined as the average number
in the two vears preceding submission of a request or preceding the commencement of negotiations bv
the central management pursuant to section 25e(2). 1he central management is obliged to provide
emplovees or their representatives with information on the total number of emplovees and their
structure (composition) in order to establish whether a European works council or some other
procedure for transnational information and consultation mav be set up. Emplovees or their
representatives can ask their emplover for such information, and he is obliged to obtain this
information from the central management.
(10) Section 25c(3) shall applv to members of a special negotiating bodv (committee) or European
works council and to emplovees' representatives (according to another agreed procedure), as well as to
emplovers.

Section 25e
Special Negotiating Body
(1) A special negotiating bodv (also referred to as "a negotiating committee": in Czech "vvjednávací
vvbor") is set up in order to negotiate with the central management the establishment of a European
works council or a procedure to be used for providing transnational information and consultation.
(2) Negotiations concerning the setting-up of a special negotiating bodv shall be opened bv the central
management acting either on its own initiative or at the written request of a minimum of 1bb emplovees
of at least two emplovers (undertakings) in two different Member States or at the written request of the
emplovees' representatives.
(3) Such special negotiating bodv shall have a minimum of three and a maximum of 17 members. Its
members shall be emplovees of one Communitv-scale emplover (undertaking) or one Communitv-scale
group of emplovers (undertakings). Emplovees emploved within the territorv of each Member State
where their Communitv-scale emplover or group of emplovers has an establishment shall be
represented bv one member. A supplementarv (i.e. further) member shall represent emplovees for each
Member State where thev constitute at least 25¾ of all such emplover's emplovees, while two
supplementarv members shall represent emplovees for a Member State where thev constitute at least
5b¾ of such emplover's emplovees, and three supplementarv members shall represent emplovees for a
Member State where thev constitute at least 75¾ of all such emplover's emplovees.
(4) One or more members of the special negotiating bodv shall be appointed from among emplovees in
the Czech Republic bv the emplovees' representatives at a joint meeting. If no emplovees'
representatives are appointed, or if such representatives fail to function, the emplovees mav elect
representatives who will participate in the joint meeting on their behalf and in their name for the
purpose of electing one or more members of the special negotiating bodv. 1he number of votes which
each representative has at the joint meeting shall be allocated according to the number of emplovees
represented bv such representative.
(5) 1he central management shall convene a constituent meeting of the special negotiating bodv
forthwith after it receives information that the members of the special negotiating bodv have been
appointed. 1he members shall elect a chairman at such constituent meeting of the special negotiating
bodv. 1his special negotiating bodv shall have the right to meet separatelv before each negotiation with
the central management. If necessarv, the special negotiating bodv mav invite experts to its meeting.
(6) Unless it is further provided for otherwise, the special negotiating bodv shall adopt resolutions (i.e.
take decisions) bv a majoritv of votes of all its members.
(7) Negotiations between the central management and the special negotiating bodv, the European
works council and anv other organ (bodv) concerned with another procedure for providing
transnational information and consultation must be conducted in a spirit of co-operation.
(8) 1he venues and dates for joint negotiations shall be agreed between the special negotiating bodv
and the central management. 1he cost of the special negotiating bodv's work shall be covered bv the
emplover.

Section 25I
Resolution to Terminate Negotiations
1he special negotiating bodv mav adopt a resolution bv at least a two-thirds majoritv of all its
members that negotiations will not be opened or that negotiations alreadv opened will be terminated.
Such a decision shall be minuted and signed bv all members of the special negotiating bodv. A copv of
the minute shall be sent to the central management, and the latter shall inform both emplovers and
emplovees or their representatives of such decision. A new request under section 25e(2) mav be
submitted no earlier than two vears after the adoption of such resolution (decision), unless the central
management and the special negotiating bodv agree a shorter period.

Section 25g
(1) 1he central management and the special negotiating bodv mav agree to establish a European works
council or another procedure for providing transnational information and consultation. 1hev shall not
be therebv bound bv the provisions of sections 25j to 25l.
(2) A European works council mav be enlarged bv including representatives of the emplover's
emplovees from States which are not members of the European Communities, if this is agreed bv the
central management and the special negotiating bodv.

Section 25h
European Works Council Established by Agreement
An agreement to establish a European works council must be in writing and include in particular
the following:
(a) a determination of all the emplovers to whom it relates:
(b) the manner of establishing and the composition of such council, the number of its members and
substitutes and its term of office:
(c) the venue, frequencv and duration of its deliberations:
(d) the tasks, powers and obligations of such council, the central management and emplovers with
regard to emplovees' right to information and consultation:
(e) the method of convening meetings:
(I) the method of financing work of such council:
(g) the procedure to be followed in the case of organizational changes:
(h) the period of effectiveness of the agreement to establish a European works council, and the
possibilitv of renegotiating the agreement, including transitorv provisions.

Section 25i
Agreement on Another Procedure Ior Providing Transnational InIormation and Consultation
An agreement on another procedure for providing transnational information and consultation
must be in writing and include in particular the following:
(a) the subject of the information and consultation, especiallv its transnational nature, as this relates to
important interests of the emplovees:
(b) the method of facilitating joint discussion bv emplovees' representatives on information provided bv
the central management:
(c) the method of facilitating consultation with the central management or another competent level of
management.

Section 25j
European Works Councils Established under this Code
(1) A European works council shall be established under this Code if:
(a) this is jointlv agreed bv the central management and the special negotiating bodv: or
(b) the central management refuses to open negotiations within six months of the filing of an
emplovees' request under section 25e(2) for the setting-up of a European works council or another
procedure for providing transnational information and consultation: or
(c) within three vears of the filing of a request under section 25e(2), no procedural agreement has been
reached between the central management and the special negotiating bodv, and the special
negotiating bodv has not adopted a resolution under section 25f to terminate negotiations.
(2) Members of the European works council shall be appointed from among emplovees at a joint
meeting of emplovees' representatives. If emplovees' representatives have not been appointed, or thev
fail to function, at an emplover's undertaking (enterprise) or its part, the emplovees of such emplover
shall elect a representative to take part on their behalf in the joint meeting. 1he allocation of votes at
such meeting shall be determined in proportion to the number of emplovees represented.
(3) A European works council shall have a minimum of three and maximum of 3b members.
Emplovees of an emplover in each Member State shall be represented bv one member. If a Communitv-
scale emplover or Communitv-scale group of emplovers has less than 1b,bbb emplovees in Member
States, in each Member State where such emplovees constitute at least 2b¾ of all the emplover's
emplovees, thev shall be represented bv a supplementarv member. Emplovees in each Member State
where thev constitute at least 3b¾ of such emplover's emplovees shall be represented bv two
supplementarv members, and in a Member State where thev constitute at least 4b¾ of the emplover's
emplovees, thev shall be represented bv three supplementarv members, whereas in a Member State
where thev constitute at least 5b¾ of the emplover's emplovees, thev shall be represented bv four
supplementarv members. Emplovees in a Member State where thev constitute at least 6b¾ of the
emplover's emplovees shall be represented bv five supplementarv members, while emplovees in a
Member State where thev constitute no less than 7b¾ of the emplover's emplovees shall be represented
bv six supplementarv members, and if at least 8b¾ of such emplover's emplovees are in one Member
State, thev shall be represented bv seven supplementarv members.
(4) If a Communitv-scale emplover or a Communitv-scale group of emplovers has at least 1b,bbb
emplovees in Member States, in each Member State where such emplover's emplovees constitute at least
2b¾ of all the emplover's emplovees, thev shall be represented bv a supplementarv member. In a
Member State where the emplover's emplovees constitute at least 3b¾ of all such emplover's emplovees,
thev shall be represented bv three supplementarv members, and if thev constitute at least 4b¾ of all the
emplover's emplovees, thev shall be represented bv five supplementarv members, while if thev constitute
at least 5b¾ of all the emplover's emplovees, thev shall be represented bv seven supplementarv
members. If there are at least 6b¾ of all the emplover's emplovees in one Member State, thev shall be
represented bv nine supplementarv members and if there are at least 7b¾ of all the emplover's
emplovees in one Member State, thev shall be represented bv 11 supplementarv members while if thev
constitute at least 8b¾ of all the emplover's emplovees, thev shall be represented bv 13 supplementarv
members.
(5) Members of a European works council in the Czech Republic shall be appointed from among local
emplovees at a joint meeting of emplovees' representatives. If emplovees' representatives are not
appointed or thev fail to function at the emplover's enterprise (undertaking), the emplovees shall
appoint a representative who will take part in the joint meeting on their behalf. 1he allocation of votes
at such a joint meeting shall be proportionate to the number of emplovees represented.
(6) A European works council shall communicate the names of its members and their addresses
forthwith to the central management, which shall pass on such information to the emplovers and the
emplovees' representatives, or to the emplovees.
(7) 1he term of office of members of a European works council shall be four vears. After the expirv of
four vears from the constituent meeting, the European works council concerned shall vote on a
resolution about whether it will negotiate with the central management under section 25e, or whether
another (successor) European works council will be established under this section. Such resolution
shall be adopted bv a two-thirds majoritv of all the members appointed to the council. Section 25e shall
applv to negotiations (with the central management).
(8) At least once everv calendar vear the central management shall consult the European works
council in particular about the following:
(a) the organizational structure of the emplover's undertaking (enterprise) and its economic and
financial situation:
(b) likelv trends in its (business) activities, production (output), sales and emplovment:
(c) investments and substantial changes in work organization and technologies:
(d) anv transfer of the emplover's undertaking or a part of such undertaking (business activities), the
reasons for anv such transfer, its major consequences (implications) and measures affecting
emplovees:
(e) large-scale dismissals, the reasons for them, the numbers involved, their structure, the criteria to be
used when determining which emplovees are to have their emplovment relationship terminated,
and the benefits to which such emplovees will be entitled in addition to the benefits ensuing from
the statutorv provisions (regulations).
(9) Should extraordinarv circumstances occur which substantiallv affect the emplovees' interests, the
central management shall inform forthwith the European works council of such circumstances and, at
its request, consult it about the necessarv measures. If a committee under section 25k(2) has been
established, the central management mav consult this committee. However, the central management
must enable those members of the European works council who were elected or appointed at the
undertaking to which such measures relate to take part in such consultation. Extraordinarv
circumstances shall in particular mean:
(a) the winding-up, dissolution or transfer of the emplover's undertaking (business) or a part of it:
(b) large-scale dismissals.
(10) 1he central management shall inform the European works council in writing and consult it on the
matters under subsections (8) and (9) if thev involve at least two undertakings (businesses) in two
different Member States: the powers of the European works council applv onlv to matters which relate
to the Member States.

Section 25k
(1) 1he central management shall forthwith convene the constituent meeting of a European works
council. At such meeting the members of the council shall elect a chairman and a deputv chairman.
(2) 1he chairman of such European works council, and in his absence his deputv, shall represent the
council in its outside dealings and direct its ordinarv activitv. If such council considers it necessarv, it
shall appoint a three-member committee consisting of the chairman and two other members. 1he
members of such committee must be from at least two different Member States. 1he committee shall
direct the ordinarv activitv (of the council).
(3) A European works council has the right to meet without the presence of the competent managerial
staff to discuss information passed on to the council bv the central management. 1he venue and date of
such meeting shall be agreed with the central management. 1he deliberations of a European works
council shall not be open to the public. It can invite experts to its meeting if this is necessarv for
fulfilment of its tasks. It can also invite managerial staff to its meeting to provide supplementarv
information and explanations.
(4) Unless it is provided for otherwise, a European works council mav adopt resolutions (i.e. take
decisions) if more than one half of its members are present: a resolution shall be adopted bv a simple
majoritv of the votes of those members attending the meeting.
(5) A European works council mav determine its own procedural rules, which must be in writing and
approved bv a majoritv of all members of the council.

Section 25l
If the centraI management and the speciaI negotiating body have agreed that the European works
counciI wiII be enIarged to incIude representatives from countries which are not Member States of the
European Communities. unIess the agreement between the centraI management and the speciaI negotiating
body provides for otherwise. members of such counciI to act on behaIf of empIoyees of an empIoyer
(undertaking) seated in the Czech RepubIic shaII be appointed from among such empIoyees by the
empIoyees' representatives at a joint meeting. If such empIoyees' representatives are not appointed or if
they do not function in (part of) the empIoyer's enterprise. the empIoyees there may eIect their
representative for the joint meeting. The votes at such meeting shaII be aIIocated in proportion to the
number of empIoyees represented. Section 25c shaII simiIarIy appIy.

Section 26
Organs (bodies) superior to empIoyers shaII monitor how empIoyers fuIfiI their obIigations when
forming and deveIoping Iabour reIations |section 8(3)|. ascertain the reasons why provisions of the Iabour
IegisIation have been breached. draw concIusions therefrom and systematicaIIy create conditions for
compIiance with such provisions.

PART TWO
EMPLOYMENT RELATIONSHIPS

CHAPTER I
COMMENCEMENT, MODIFICATION AND TERMINATION OF AN
EMPLOYMENT RELATIONSHIP

Section 27
(1) WhiIe working for a wage. an empIoyee in an empIoyment reIationship shaII share in performance of
the empIoyer's tasks in accordance with the empIoyer's instructions.
(2) An empIoyment reIationship shaII be based on a contract between an empIoyer and an empIoyee.
(3) An empIoyment reIationship shaII be based on eIection in the cases Iaid down in speciaI provisions. or
in the statutes (by-Iaws) or resoIutions of the competent organs of co-operatives or civic associations (the
Iatter having been estabIished in accordance with another Act: Note 29).
(4) An empIoyment reIationship shaII be based on appointment in the case of (senior) manageriaI staff
who are nominated to their position in accordance with other statutory provisions and when such staff are
nominated to their position by a statutory organ (of an empIoyer which is a IegaI entity) or by an empIoyer
(who is an individuaI).
(5) ManageriaI staff posts¨ are posts to which the statutory organ (in the case of a IegaI entity) or the
empIoyer (when the empIoyer is an individuaI) nominates empIoyees. nameIy posts:
(a) over which direct controI is exercised by:
1. the statutory organ. if the empIoyer is a IegaI entity:
2. the empIoyer. if the empIoyer is an individuaI:
(b) over which direct controI is exercised by another member of the manageriaI staff who is directIy
subordinate to:
1. the statutory organ. if the empIoyer is a IegaI entity:
2. the empIoyer. if the empIoyer is an individuaI:
under the condition that another member of the manageriaI staff is subordinate to this person:
(c) in centraI state authorities.
In the case of an empIoyer which is a IegaI entity. the appointment or recaII of manageriaI staff may be
effected excIusiveIy by the statutory organ and. in the case of an empIoyer who is an individuaI.
excIusiveIy by the empIoyer. If the State is the empIoyer. such appointment and recaII may be effected
excIusiveIy by the head of such state organizationaI component (authority. estabIishment: Note 40). The
power of appointment and recaII cannot be deIegated to another person.

Division 1
Employment Contracts and the Commencement oI Employment Relationships

Section 28
Prior to entering into an empIoyment contract. the empIoyer is obIiged to acquaint his empIoyee with
the rights he wiII acquire and the obIigations he wiII assume under the empIoyment contract and with the
working and wage conditions under which he is to perform his work. In cases specified by the state heaIth
administration authorities. the empIoyer shaII ensure that prior to entering into an empIoyment contract the
empIoyee undertakes a pre-entry medicaI examination. Sections 1(3) and (4) and 7(2) to (6) shaII simiIarIy
appIy.

Section 29
(1) In the empIoyment contract the empIoyer is required to come to an agreement with the empIoyee
upon:
(a) the type of work in which the empIoyee wiII be engaged:
(b) the pIace where the work wiII be performed (a city. town or viIIage and organizationaI unit. or an
otherwise specified pIace):
(c) the day the empIoyee wiII take up his work.
(2) In addition. other conditions which are of interest to the parties may be agreed in the empIoyment
contract. It can be agreed in writing in such contract that for a certain period. not exceeding one year. after
the termination of his empIoyment reIationship. the empIoyee may not engage in activity. for another
empIoyer or on his own account. which was the subject of his activity for the empIoyer. or any other
activity which wouId compete with his empIoyer's business activities. bearing in mind the conditions
under which this can be justIy required of such empIoyee: an adequate contractuaI (conventionaI) fine may
be agreed for any breach of such obIigation. A competition cIause which is contrary to the above-
mentioned conditions shaII be void.
(3) The empIoyer may agree with a senior empIoyee (a senior executive). whose empIoyment reIationship
is based on appointment or eIection. that he is entitIed to redundancy (severance) pay in the event of such
senior empIoyee (executive) being recaIIed from his post before expiry of his tenure. provided that a
competition cIause is simuItaneousIy agreed in the contract. Any other arrangements on severance pay
which contradict the above-mentioned conditions shaII be void.

Section 30
(1) An empIoyment reIationship is agreed for an indefinite period of time. unIess it is a fixed-term
contract. in which case such term must be expIicitIy stated in the contract. or when the contract or an
amendment to it faiIs to meet the conditions under subsections (2) or (3) beIow.
(2) An empIoyment reIationship for a fixed term may not be agreed with:
(a) graduates of secondary and university-IeveI schooIs. apprentice vocationaI schooIs or apprentice
schooIs if they enter into an empIoyment reIationship for work which corresponds to their
quaIifications: the term graduate¨ shaII mean an empIoyee whose entire period in empIoyment or an
anaIogous reIationship. after successfuI compIetion of his studies (preparation). does not exceed two
years. Such two-year period shaII not incIude an empIoyee's basic miIitary (or aIternative) service.
maternity Ieave and additionaI maternity Ieave or time off when a man's absence from work is
excused by the empIoyer under section 127(2)* because such empIoyee is entitIed to parentaI benefits:
(b) adoIescents:
(c) empIoyees specified in a coIIective bargaining agreement.

* Section 127(2) was repeaIed under Act No. 155/2000 CoII. as of 1 January 2001.

(3) The prohibition under subsection (2) shaII not appIy in cases where an individuaI submits a written
request for a fixed-term empIoyment reIationship to his empIoyer.

Section 31
(1) An empIoyment contract may aIso contain a provision for a triaI (i.e. probationary) period which.
unIess a shorter period is agreed. shaII Iast three months. An agreed triaI period may not be subsequentIy
extended.
(2) A period of time in the triaI period not exceeding ten working days. during which the empIoyee
cannot work due to impediments at work. shaII be caIcuIated as part of the triaI period.
(3) The triaI period must be agreed in writing. otherwise the agreement on it shaII be void.

Section 32
(1) Every empIoyer is required to concIude an empIoyment contract in writing. If. however. it concerns an
empIoyment reIationship which is to Iast for a term of Iess than one month. the empIoyer is onIy required
to concIude the contract in writing if the empIoyee so requests. or if the contract is with an empIoyee who
has been deprived of his capacity to perform acts in Iaw. or whose capacity to perform acts in Iaw has
been restricted by a judiciaI decision (ruIing. judgment).
(2) Every empIoyer is obIiged to provide his empIoyee with a copy of the written empIoyment contract.
(3) Where an empIoyment contract does not contain information about the rights and obIigations ensuing
from the empIoyment reIationship. the empIoyer shaII inform the empIoyee of these in writing. no Iater
than one month after the start (creation) of such empIoyment reIationship: this shaII aIso appIy when there
are changes in the empIoyee's rights and obIigations. Such information must incIude the foIIowing:
(a) the empIoyee's name and the empIoyer's designation and seat if such empIoyer is a IegaI entity. or the
empIoyer's name and address. if such empIoyer is an individuaI (a naturaI person):
(b) detaiIs of the type of work and the pIace where it wiII be carried out:
(c) the annuaI Ieave entitIement. or the manner in which such entitIement wiII be determined:
(d) information about notice periods reIating to termination of the empIoyment contract:
(e) information about the wage and remuneration system. payment dates and the pIace and method of
payment:
(I) weekIy working time and its scheduIe.
(4) If an empIoyee is (temporariIy) posted by his empIoyer to carry out work in another State. the
empIoyer shaII inform such empIoyee in advance of the period of such posting and of the currency in
which his wage wiII be paid.
(5) The information under subsections (3)(c). (d) and (f) and (4) can be repIaced by a reference to the
reIevant Iabour IegisIation (reguIations) or coIIective bargaining agreement. or to the internaI reguIations
issued by the empIoyer.
(6) An empIoyer's obIigation to inform his empIoyees in writing of the fundamentaI rights and obIigations
ensuing from an empIoyment reIationship shaII not appIy to empIoyment reIationships agreed for a fixed-
term of Iess than one month.

Commencement oI an Employment Relationship
Section 33
(1) An empIoyment reIationship based on an empIoyment contract is estabIished on the day agreed in the
empIoyment contract as the day when the empIoyee wiII commence working for the empIoyer.
(2) If the empIoyee faiIs to start working on the agreed day for reasons other than an impediment. or if he
faiIs to notify the empIoyer of such impediment within one week. the empIoyer may canceI the
empIoyment contract.

Section 34
Repealed

Section 35
Obligations Ensuing Irom an Employment Relationship
(1) As of the day when an empIoyment reIationship is estabIished.
(a) the empIoyer shaII assign an empIoyee work in accordance with his empIoyment contract. pay him
wages for the work performed. create conditions for the successfuI performance of his work tasks. and
compIy with other working conditions Iaid down in the statutory provisions. coIIective bargaining
agreement or empIoyment contract:
(b) the empIoyee shaII personaIIy perform the work designated in his empIoyment contract. in accordance
with his empIoyer's instructions. during the determined working time and compIy with work
discipIine.
(2) Upon starting work. each empIoyee must be fuIIy acquainted with the empIoyer's current work code
(section 82). as weII as with the Iabour and other statutory provisions for ensuring safety and the
protection of heaIth at work which he must adhere to whiIe working. Each empIoyee must aIso be fuIIy
acquainted with the coIIective bargaining agreement and internaI reguIations.
(3) The empIoyer shaII submit to the competent trade union organization (organ. body) within a period of
time mutuaIIy agreed. a report on the estabIishment of new empIoyment reIationships.

Division 2
ModiIication oI an Employment Relationship

Section 36
ModiIication oI Agreed Working Conditions
(1) The terms agreed in an empIoyment contract may be modified onIy if the empIoyer and the empIoyee
agree on their modification. If the empIoyment contract was concIuded in writing. the empIoyer must
modify the contract in writing as weII.
(2) The empIoyee shaII onIy perform work (a job) of a different kind (type) or in a different pIace from
that agreed in the empIoyment contract as an exception. in the cases stipuIated in sections 37 and 38.

Section 37
TransIer to Other Work
(1) An empIoyer is required to transfer an empIoyee to other work:
(a) if. according to a medicaI opinion of a medicaI expert or according to a ruIing of the state heaIth
administration or sociaI security authority. his state of heaIth is such that he can no Ionger continue to
perform his current work in the Iong-term. or that he cannot be permitted to perform such work
because he is suffering from. or threatened by. an occupationaI disease. or according to a ruIing of the
competent agency concerned with the protection of pubIic heaIth he has been subjected to a maximum
permissibIe IeveI of exposure (Note 5) at the workpIace:
(b) if a pregnant woman. or a woman who is breastfeeding or the mother of a chiId under nine months of
age. is engaged in work which she may not perform. or which. according to a medicaI opinion.
endangers her pregnancy or her mother's roIe:
(c) if. according to a medicaI opinion or a ruIing of the state heaIth administration authority. this is
necessary to protect the heaIth of others from infectious diseases:
(d) if this is necessary. according to the finaI (enforceabIe) decision (ruIing) of a court:
(e) if an empIoyee who works at night is. in the opinion of a medicaI expert. unfit for such work: (f)
if this is requested by a pregnant woman. or a woman who is breastfeeding. or the mother of a chiId under
nine months of age who works at night.
(2) The empIoyer may transfer an empIoyee to other work:
(a) if he has given the empIoyee notice of termination (of his empIoyment) on one of the grounds
pursuant to section 46(1)(e) or (f):
(b) if criminaI proceedings have been initiated against such empIoyee on suspicion that he has committed
an intentionaI criminaI act during his performance of work or directIy-reIated tasks. which has
resuIted in damage to the empIoyer's property. such transfer Iasting for the period untiI the criminaI
proceedings have been fuIIy and finaIIy concIuded:
(c) if the empIoyee has temporariIy Iost the prerequisites Iaid down in statutory provisions for
performance of the agreed work. but in such case for a totaI of no more than 30 working days in the
caIendar year.
(3) If it is not possibIe to attain the purpose of the transfer under the preceding subsection by transferring
the empIoyee within the framework of the empIoyment contract. the empIoyer may in such cases aIso
transfer him to work of a different type from that agreed in the empIoyment contract. even if the empIoyee
does not agree to it.
(4) During a period when it is inevitabIe. the empIoyer may transfer an empIoyee. even without his
consent. to do other work than that agreed:
(a) if the empIoyee cannot do his (usuaI) work because of an interruption of work due to a breakdown or
simiIar reason (idIe time: section 129) or due to unfavourabIe weather:
(b) if this is necessary to avert a naturaI disaster or some other imminent accident. or to mitigate its
immediate consequences.
(5) When transferring an empIoyee to other work. the empIoyer shaII consider whether the work is
suitabIe for the empIoyee. taking into account the state of his heaIth. his abiIities and aIso. where possibIe.
his skiIIs (quaIifications).
(6) The empIoyer shaII in advance discuss with the empIoyee the reason for his transfer to other work and
the period for which such transfer is to Iast: if an empIoyment contract was concIuded in writing and. as a
resuIt of the empIoyee's transfer it is modified. the empIoyer shaII provide the empIoyee with written
notification of the grounds for his transfer to other work and of the period of its duration. with the
exception of the cases pursuant to subsection (2)(c) or (4).

Section 38
Business Trips and TransIers to Another Place
(1) A business trip¨ shaII mean a Iimited period of time when an empIoyee is working away from his
agreed workpIace. on the instructions of his empIoyer. An empIoyee can be instructed by his empIoyer to
undertake a business trip for the necessary period if this is agreed in his empIoyment contract. An
empIoyee who is on a business trip shaII perform his work according to the instructions given by the
manager who decided to send him on such business trip.
(2) If an empIoyer instructs an empIoyee to undertake a business trip to another estabIishment (or to
another empIoyer). the empIoyer may authorize another manager (or another empIoyer) to give the
empIoyee instructions regarding his work. or to organize. manage and supervise his work |sections 9(3)
and 10(2)|: the extent of this authorization must be defined. The empIoyee must be informed of the
authorization pursuant to the preceding sentence. However. managers of other empIoyers may not
undertake acts in Iaw in reIation to the empIoyee on behaIf of the Iatter's empIoyer.
(3) An empIoyee may onIy be transferred to work in a workpIace (pIace) other than that agreed in the
empIoyment contract with his consent and within the framework of empIoyer's enterprise. if this is
necessary because of operationaI requirements. The competent manager at the estabIishment
(organizationaI division) to which the empIoyee is transferred shaII assign work to the transferred
empIoyee. organize. manage and supervise his work. and give him instructions for that purpose.
(4) The empIoyer with whom the empIoyee is in an empIoyment reIationship may concIude a written
agreement with such empIoyee on transferring (assigning) this empIoyee to perform work for another
IegaI entity or individuaI. Such agreement must incIude the designation of the IegaI entity. or the first
name and surname of the individuaI to whom/which the empIoyee wiII be transferred (assigned). the day
when the temporary transfer arises. the type of work and the pIace where it wiII be performed. and the
period of the temporary transfer. The Government shaII reguIate the detaiIed conditions (terms) appIying
to temporary transfers (assignments) of empIoyees in a decree.

Section 39
Reassignment oI an Employee to his Original Tob
If the reasons for which the empIoyee was. under the preceding provisions. assigned (transferred) to
other work or transferred to a workpIace other than that agreed in his empIoyment contract no Ionger
appIy. or if the agreed period of such transfer expires. the empIoyer shaII reassign the empIoyee to his
originaI job and workpIace. unIess he has agreed with the empIoyee otherwise. If for serious operationaI
reasons it is not possibIe to reassign such empIoyee to his (originaI) job. he must be reassigned to a job
which conforms to his empIoyment contract and. if possibIe. to the same workpIace as before.

Section 40
TransIers at the Request oI an Employee
If an empIoyee asks to be assigned (transferred) to other work or to another workpIace. or to be
transferred to a different workpIace because. in the opinion of a medicaI expert. he is not fit to continue
performance of his present job or to continue working at his present workpIace. or for other serious
reasons. the empIoyer shaII compIy with his request as soon as the empIoyer's operationaI possibiIities so
permit. At the same time. the empIoyer must see to it that both the job and the workpIace to which such
empIoyee is to be transferred are suitabIe for him.

Section 41
Trade Lnion Participation in Tob TransIers
If pursuant to section 37 an empIoyer exceptionaIIy transfers an empIoyee to work (a job) other than
that stated in his empIoyment contract and the empIoyee does not agree to this. the empIoyer may transfer
him onIy after consuIting the competent trade union organization (body. organ) on the matter. This shaII
not be necessary if the totaI period of the transfer (assignment) is not to exceed 22 working days in one
caIendar year.

Division 3
Termination oI an Employment Relationship

Section 42
(1) An empIoyment reIationship may be severed by:
(a) agreement:
(b) notice of termination:
(c) immediate canceIIation: or
(d) termination during the triaI (probationary) period.
(2) An empIoyment reIationship agreed for a fixed term terminates upon expiry of the agreed period.
(3) If it has not aIready terminated in some other manner. the empIoyment reIationship of a foreigner or a
stateIess person shaII terminate:
(a) on the day on which his stay (residence) in the Czech RepubIic is to end according to a finaI
(enforceabIe) decision canceIIing his residence permit:
(b) on the day when a decision (ruIing) to expeI such person from the Czech RepubIic acquires IegaI
force.
(4) An empIoyment reIationship terminates upon the death of an empIoyee.

Section 43
Agreement
(1) If an empIoyer and empIoyee agree to sever an empIoyment reIationship. it wiII end on the agreed day.
(2) An agreement between the empIoyer and his empIoyee to sever the empIoyment reIationship must be
in writing. The reasons why the empIoyment reIationship is being severed must be stated in the agreement
if the empIoyee so requests.
(3) The empIoyer shaII provide the empIoyee with one copy of the agreement on severance of the
empIoyment reIationship.

Section 44
Notice oI Termination
(1) Both an empIoyer and his empIoyee may sever the empIoyment reIationship by giving notice of
termination. The notice must be in writing and deIivered to the other party. or eIse it is void.
(2) An empIoyer may give notice of termination to his empIoyee onIy for the grounds expIicitIy stated in
section 46(1): the grounds for termination must be specified in such a way that it is not be possibIe to
confuse them with other grounds. otherwise the notice is void. The grounds for termination may not be
subsequentIy changed.
(3) A notice deIivered to (served on) the other party may onIy be withdrawn with the other party's
consent: the withdrawaI (revocation) and the consent to withdrawaI must be in writing.

Section 45
Notice Periods
(1) If a notice of termination is given. the empIoyment reIationship wiII end upon expiry of the notice
period. The notice period is the same for empIoyers and empIoyees and shaII be two months. unIess
further provided for otherwise. In the case of a notice of termination under section 46(1)(a) to (c). the
period of notice shaII be three months.
(2) A notice period shaII commence on the first day of the caIendar month foIIowing deIivery of the
notice and end upon expiry of the Iast day of the reIevant caIendar month. apart from the exemptions
ensuing from sections 47(2). 48(2). 49(b). 52(6) and 70b(1).

Notice Given by an Employer
Section 46
(1) An empIoyer may give notice to an empIoyee onIy for the foIIowing grounds:
(a) if the empIoyer's enterprise (or undertaking). or part of it. shuts down:
(b) if the empIoyer's enterprise (or undertaking) or part of it. reIocates:
(c) if the empIoyee is to be made redundant because of a decision by the empIoyer or its competent organ
to change the enterprise's activities or its technoIogy. to reduce the number of empIoyees for the
purpose of increasing Iabour efficiency. or to make other organizationaI changes:
(d) if the state of the empIoyee's heaIth is such. according to the opinion of a medicaI expert or a ruIing of
the state heaIth administration authority or sociaI security authority. that he is no Ionger abIe in the
Iong-term to perform his existing work. or he is not permitted to do the work because he suffers from
an occupationaI disease or faces the danger of such disease. or. according to a ruIing of the competent
pubIic heaIth protection authority he has been subjected at the workpIace to the maximum permissibIe
IeveI of exposure:
(e) if the empIoyee does not meet the prerequisites Iaid down in statutory provisions for performance of
the agreed work (job). or if. through no fauIt on the empIoyer's part. he does not meet the
requirements for proper performance of such work: if his faiIure to meet these requirements is the
resuIt of unsatisfactory work. the empIoyee may be given notice for this reason onIy if. during the
previous 12 months. the empIoyer caIIed upon him in writing to eIiminate the defects (in his work).
and the empIoyee faiIed to do so within a reasonabIe period of time:
(I) if there exist grounds upon which the empIoyer might immediateIy terminate the empIoyment
reIationship. or due to serious breaches of work discipIine: for consistent but Iess serious breaches of
work discipIine. the empIoyee may be given notice if. during the previous six months in connection
with such breaches. he was warned in writing of the possibiIity of being given notice of termination.
(2) The empIoyer may onIy give notice of termination to an empIoyee in cases which do not invoIve
breaches of work discipIine or grounds for which the empIoyment reIationship couId be immediateIy
terminated if:
(a) it is not possibIe for the empIoyer to empIoy him further in the pIace which was agreed as his pIace of
work. or in the empIoyee's pIace of residence. even after a prior period of retraining:
(b) the empIoyee is not wiIIing to be transferred to other work which is suitabIe for him and which the
empIoyer offered him in the pIace agreed as his pIace of work. or in the pIace of the empIoyee's
residentiaI (home) address. and if the empIoyee is not ready to undertake retraining for such other
work.
(3) For a breach of work discipIine. or on grounds for which the empIoyment reIationship may be
immediateIy terminated. the empIoyer may onIy give the empIoyee notice during a period of two months
from the day on which he Iearned of the grounds for termination. and. if the empIoyee breaches work
discipIine in a foreign country. within two months of his return from abroad. but in aII cases no Iater than
one year after the day on which the reason for giving notice (dismissaI) arose.
(4) If. during the course of the two-month period pursuant to the preceding subsection. an empIoyee's
conduct which can be regarded as a breach of work discipIine becomes a subject of investigation by
another organ. the empIoyer may give notice within two months of the day when he Iearned of the resuIts
of such investigation. If approvaI by the competent state administrative authority is required before notice
can be given. the time from the day when the appIication for such approvaI was submitted untiI the day
when the decision of the state administrative authority becomes finaI (IegaIIy effective) shaII not be
counted as part of this period.

Section 47
(1) If an empIoyee is given notice for any of the grounds pursuant to section 46(1)(a) to (d). the empIoyer
shaII. in co-operation with the competent state administrative authority. activeIy assist him in obtaining
other suitabIe empIoyment (another suitabIe job).
(2) When giving notice for the grounds pursuant to section 46(1)(c) to a singIe femaIe or singIe maIe
empIoyee who is bringing up a chiId under the age of 15 years. or to a disabIed empIoyee who is not a
recipient of a pension. or to an empIoyee because he is no Ionger permitted to continue performance of his
present work due to the threat of an occupationaI disease. or to an empIoyee who has been subjected at the
workpIace to the maximum IeveI of exposure permitted by a ruIing of the competent pubIic heaIth
protection authority. the empIoyer shaII ensure that such empIoyee obtains another suitabIe job. if need be.
with the assistance of the empIoyer's superior organ. In such cases the notice period does not end untiI the
empIoyer fuIfiIs this duty. unIess the empIoyer agrees otherwise with the empIoyee.
(3) The empIoyer is not obIiged to give active assistance to an empIoyee in obtaining another suitabIe job.
or to ensure that he obtains it. if the empIoyee is not wiIIing to transfer to another job which is suitabIe for
him and which the empIoyer offered him before he gave him notice. The empIoyer shaII cease to be under
this obIigation if. for no good reason. the empIoyee refuses another suitabIe job which he couId have taken
up.

Prohibition oI Notice
Section 48
(1) An empIoyer may not give notice during a protective period. nameIy:
(a) during a period when it is recognized that the empIoyee is temporariIy unfit to work due to iIIness or
injury. unIess he intentionaIIy brought on this incapacity or it was caused by drunkenness. or during a
period when it was proposed that he shouId receive treatment in a medicaI (heaIth care) estabIishment
or a spa. untiI such treatment is finished: if he contracts tubercuIosis. this protective period shaII be
extended for six months after his discharge from treatment at a heaIth care estabIishment:
(b) if he is caIIed up for duty in the armed forces. from the day when he receives the caII-up order. or
when a notice containing a mass caII-up order is pubIicIy posted. untiI two weeks after his discharge
from such duty: this provision simiIarIy appIies if he performs (aIternative) civiIian service (Note 16):
(c) during a period when the empIoyee has been given Iong-term unpaid time off in order to perform
pubIic office:
(d) during a period when a femaIe empIoyee is pregnant or on maternity Ieave. or when a singIe femaIe or
maIe empIoyee is bringing up at Ieast one chiId under three years of age:
(e) during a period when a night worker is recognized. on the basis of a medicaI expert's opinion. as being
temporariIy unfit for night work.
(2) If an empIoyee is given notice prior to the start of a protective period. so that the notice period wouId
expire during such period. the protective period shaII not be counted as part of the notice period: the
empIoyment reIationship shaII terminate onIy after the end of the protective period. upon expiry of the
remaining part of the notice period. unIess the empIoyee states that he wiII not insist upon proIongation of
his empIoyment reIationship.

Section 49
It shaII not be prohibited to give notice if such notice is given to an empIoyee:
(a) due to organizationaI changes. as stated in section 46(1)(a) and (b):
(b) on grounds for which the empIoyer may immediateIy terminate the empIoyment reIationship. except
in the case of a femaIe empIoyee on maternity Ieave |section 157(1)| and of a maIe who is on parentaI
Ieave for a period which is the same as that to which a femaIe empIoyee (mother) on maternity Ieave
wouId be entitIed. if a femaIe or maIe empIoyee is given notice on these grounds before going on
maternity or parentaI Ieave. so that the notice period wouId expire during such empIoyee's maternity
or parentaI Ieave. the notice period shaII end at the same time as the empIoyee's maternity or parentaI
Ieave:
(c) for other breaches of work discipIine |section 46(1)(f)|. except in the case of a pregnant empIoyee. a
femaIe empIoyee or a maIe empIoyee who is bringing up a chiId under three years of age.

Section 50
An empIoyer may onIy give notice to a disabIed empIoyee with the prior consent of the competent
state administrative authority. otherwise the notice is void: such consent is not required when notice is
given to an empIoyee over 65 years of age. or for the grounds pursuant to section 46(1)(a). (b) or (f).

Section 51
Notice Given by an Employee
An empIoyee may give notice to his empIoyer for any ground whatsoever or without stating a ground.

Section 52
Large-Scale Dismissals (Collective Redundancies)
(1) A Iarge-scaIe dismissaI (or coIIective redundancies: in Czech hromadné propoust ní¨) shaII mean the
termination of empIoyment reIationships by an empIoyer in a period of 30 caIendar days on the basis of
notice given pursuant to section 46(1)(a) to (c) to a minimum of:
(a) ten empIoyees. in the case of an empIoyer empIoying from 20 to 100 empIoyees: or
(b) 10º of empIoyees. in the case of an empIoyer empIoying from 101 to 300 empIoyees: or
(c) 30 empIoyees. in the case of an empIoyer empIoying more than 300 empIoyees.
If the empIoyment reIationships of at Ieast five empIoyees are terminated under the conditions Iaid down
in the first sentence. the totaI number of empIoyees pursuant to Ietters (a) to (c) shaII aIso incIude those
empIoyees with whom the empIoyer severed their empIoyment reIationships by agreement on the same
grounds in the same period.
(2) At Ieast 30 days before giving notice of termination to individuaI empIoyees. the empIoyer shaII notify
the competent trade union organization (body) or the works counciI in writing of his intention. so that he
can consuIt and reach agreement with them. in particuIar on measures to avoid or reduce such Iarge-scaIe
(coIIective) redundancies and mitigate the adverse consequences for his empIoyees. especiaIIy by the
possibIe transfer of such empIoyees to aIternative suitabIe jobs at his other workpIaces. Prior to such
consuItation. the empIoyer shaII provide the necessary information and documents to such trade union
organization (body) or works counciI.
(3) The empIoyer shaII simuItaneousIy notify the competent Iabour office in writing of measures pursuant
to subsection (2). in particuIar the grounds for them. the totaI number of empIoyees and the number and
composition of empIoyees who wiII be affected by such measures. the period during which Iarge-scaIe
redundancies wiII occur. the criteria proposed for seIecting empIoyees who are to be made redundant. and
the date when consuItation (negotiations) with the competent trade union organization (body) or works
counciI wiII begin. The empIoyer shaII deIiver one copy of the written report to the competent trade union
organization or the works counciI.
(4) The empIoyer shaII prove that he has deIivered a written report to the competent Iabour office on his
decision to effect Iarge-scaIe (coIIective) redundancies and the resuIt of consuItation (negotiations) with
the competent trade union organization (organ. body) or works counciI. The report must state the totaI
number of empIoyees and the number and composition of empIoyees who wiII be affected by such
redundancies. One copy of the report shaII be deIivered to the competent trade union organization (body)
or works counciI. The competent trade union organization (body) or works counciI may independentIy
give its opinion on the empIoyer's written report and deIiver this to the competent Iabour office. Where a
bankruptcy order has been adjudged against the empIoyer's enterprise (undertaking). the empIoyer shaII
onIy provide the Iabour office with such written report at its request.
(5) If no trade union organization (body) or works counciI has been formed at the empIoyer's enterprise
(undertaking). or if it is not functioning. the empIoyer shaII have to fuIfiI the obIigations pursuant to
subsections (2) to (4) in reIation to every empIoyee affected by such Iarge-scaIe (coIIective) redundancy.
(6) The empIoyment reIationship of an empIoyee. who is affected by a Iarge-scaIe redundancy. shaII be
terminated by notice no earIier than 30 days after the day when the empIoyer's written report under
subsection (4) is deIivered to the competent Iabour office. unIess the empIoyee concerned decIares that he
does not insist on observance of such time-Iimit. This shaII not appIy if a bankruptcy order has been
adjudged against the empIoyer's enterprise (undertaking). or if composition proceedings (concerning the
empIoyer's enterprise) have been affirmed.
(7) The empIoyer shaII inform his empIoyees of the day when his written report pursuant to subsection (6)
was deIivered to the Iabour office.

Immediate Termination
Section 53
(1) An empIoyer may immediateIy terminate the empIoyment reIationship with an empIoyee onIy
exceptionaIIy. nameIy in the foIIowing cases:
(a) if the empIoyee is sentenced for an intentionaI criminaI act to unconditionaI imprisonment of at Ieast
one year and such sentence is finaI. or if he is sentenced to unconditionaI imprisonment of no Iess than
six months for an intentionaI criminaI act committed whiIe performing his working tasks or in direct
connection therewith and such sentence is finaI:
(b) if the empIoyee breaches work discipIine in an especiaIIy gross manner.
(2) The empIoyer may onIy immediateIy terminate an empIoyment reIationship within a period of one
month from the day when he Iearned of the grounds for immediate termination. and at the Iatest within one
year of the day on which those grounds occurred (arose). The provisions of section 46(3) and (4) shaII
appIy mutatis mutandis to the commencement and running of a monthIy period.
(3) The empIoyer may not immediateIy terminate an empIoyment reIationship with an empIoyee who is
pregnant or a femaIe or a maIe empIoyee who is bringing up a chiId under three years of age: however. for
the grounds stated in subsection (1). the empIoyer may sever the empIoyment reIationship with such
empIoyee by giving notice. except in the case of a femaIe empIoyee on maternity Ieave |section 157(1)| or
a maIe empIoyee who is on parentaI Ieave for the same period for which a woman (mother) is entitIed to
maternity Ieave.

Section 54
(1) An empIoyee may immediateIy terminate his empIoyment reIationship if:
(a) in the opinion of a medicaI expert. he can no Ionger perform his work tasks without seriousIy
endangering his heaIth and the empIoyer has not transferred him to suitabIe work within 15 days of
the submission of such medicaI opinion:
(b) the empIoyer has not paid his wages or compensatory wages within 15 days of the day they are due.
(2) An empIoyee may immediateIy terminate his empIoyment reIationship onIy within one month of the
day on which he Iearned of the grounds for immediate termination. or at the Iatest within one year of the
day these grounds occurred (arose).
(3) An empIoyee who immediateIy terminates his empIoyment reIationship is entitIed to compensatory
wages. equaI to his average earnings. for the notice period.

Section 55
Immediate termination of an empIoyment reIationship must be notified by the empIoyer or empIoyee
in writing. with the grounds expIicitIy stated so that they cannot be confused with other grounds. and the
written notification being deIivered to the other party within the determined period of time. otherwise it
shaII be void: the stated grounds may not be subsequentIy modified.

Termination oI a Fixed-Term Employment Relationship
Section 56
(1) A fixed-term empIoyment reIationship shaII end upon expiry of the agreed term. If the duration of the
empIoyment reIationship is determined by a period in which a specific project (specific task) has to be
compIeted. the empIoyer shaII notify the empIoyee in time that the work wiII soon be compIeted. as a ruIe
at Ieast three days in advance.
(2) If. after expiry of the agreed term. the empIoyee continues to work and the empIoyer is aware of this.
such empIoyment reIationship shaII be deemed to have changed into an empIoyment reIationship agreed
for an indefinite period. unIess the empIoyer agrees otherwise with the empIoyee.

Section 57
A fixed-term empIoyment reIationship may aIso end prior to expiry of the agreed term in any manner
pursuant to section 42.

Section 58
Termination oI an Employment Relationship during the Trial Period
(1) During a triaI (probationary) period. both the empIoyer and the empIoyee may terminate the
empIoyment reIationship in writing for any ground whatsoever or without stating a ground.
(2) Written notification of termination of the empIoyment reIationship shouId. as a ruIe. be deIivered to
(served on) the other party three days prior to the day when the empIoyment reIationship is to end.

Section 59
Trade Lnions and Severance oI an Employment Relationship
(1) An empIoyer shaII discuss a notice of termination or immediate termination of an empIoyment
reIationship in advance with the competent trade union organization (body).
(2) If the notice of termination or immediate termination of an empIoyment reIationship concerns a
member of the trade union organization (body) authorized to co-decide with the empIoyer during such
member's term of office or for a period of one year afterwards. the empIoyer shaII ask such organization
(body) for its prior consent to the measure pursuant to subsection (1). Where the competent trade union
organization (body) does not refuse to give its prior consent in writing within 15 days of the day when the
empIoyer asked for it. it shaII be understood that the trade union organization (body) has given its consent.
(3) The empIoyer may onIy act on consent given pursuant to the preceding subsection within a two-month
period after the day it was given.
(4) If the competent trade union organization (body) refuses to give its consent pursuant to subsection (2).
the notice of termination or immediate termination of the empIoyment reIationship is thereby made void:
if. however. the other conditions for giving notice of termination or immediate termination are met. and a
court in a dispute pursuant to section 64 concIudes that the empIoyer may not justIy be expected to empIoy
such empIoyee further. the notice of termination or immediate termination of the empIoyment reIationship
shaII be vaIid.
(5) At intervaIs agreed with the competent trade union organization (body). the empIoyer shaII notify such
organization (body) of other cases where the empIoyment reIationship has been severed.

Section 60
Work ReIerences and ConIirmation oI Employment
(1) If an empIoyee asks his empIoyer to provide him with a reference reIating to his work performance (a
work reference). the empIoyer shaII provide such reference within 15 days: however. the empIoyer is not
obIiged to provide it earIier than two months before the end of the empIoyment reIationship. AII
documents reIating to the appraisaI of an empIoyee's work. his skiIIs (quaIifications) and abiIities. and
other facts reIated to his work performance. shaII form a reference.
(2) On termination of an empIoyment reIationship. the empIoyer shaII provide the empIoyee with
documentary confirmation of his empIoyment. stating therein in particuIar the facts required by the
impIementing statutory provisions (reguIations). and other documents concerning such empIoyee's
personaI data.
(3) The empIoyer may provide other information about an empIoyee onIy with his consent. unIess
statutory provisions stipuIate otherwise.
(4) If the empIoyee disagrees with the contents of his work reference or the confirmation of his
empIoyment. within three months of Iearning of their contents. he may fiIe a petition with a court seeking
a ruIing that the empIoyer shouId amend the document.

Severance Pay
Section 60a
(1) An empIoyee whose empIoyment reIationship is severed by notice of termination given by his
empIoyer on the grounds pursuant to section 46(1)(a) to (c). or by agreement on the same grounds. is
entitIed to severance pay in the amount of twice his average earnings at the end of his empIoyment
reIationship. A coIIective bargaining agreement. or internaI reguIations. may increase severance pay
pursuant to the preceding sentence by further muItipIes of the empIoyee's average earnings or stipuIate
further conditions under which an empIoyee is entitIed to increased severance pay. This shaII aIso appIy to
empIoyers who are not engaged in business (entrepreneuriaI) activity.
(2) For the purposes of severance pay. average earnings¨ means average monthIy earnings (Note 32).
(3) The empIoyer pays severance pay after termination of the empIoyment reIationship on the nearest
pay-day fixed by the empIoyer for the payment of wages. unIess the empIoyee agrees to accept severance
pay on the day his empIoyment reIationship terminates or on a Iater pay-day.

Section 60b
(1) If. after termination of his empIoyment reIationship. the empIoyee takes up empIoyment with his
previous (Iast) empIoyer before expiry of the period determined by the muItipIes of average earnings paid
to him as severance pay under section 60a(1). he shaII refund such severance pay. or a proportionate part
of it. to the empIoyer.
(2) The proportionate amount of severance pay is determined according to the number of caIendar days
from his re-entry into empIoyment untiI expiry of the period under subsection (1).

Section 60c
An empIoyee is not entitIed to severance pay:
(a) if the rights and obIigations under Iabour reIations pass to another empIoyer due to an organizationaI
change:
(b) if he performs work for the empIoyer in a subsidiary empIoyment reIationship.

Division 4
Entitlements when Severance oI an Employment Relationship is Void

Section 61
(1) Where an empIoyer gives an empIoyee notice which is void. or terminates an empIoyment reIationship
either immediateIy or during the triaI (probationary) period in a manner which is void. but the empIoyee
notifies the empIoyer that he insists on the empIoyer continuing to empIoy him. such empIoyee's
empIoyment reIationship persists and the empIoyer shaII pay him a compensatory wage. Such wage shaII
be in the amount of his average earnings as of the day when the empIoyee notified the empIoyer of his
insistence that the empIoyer continue to empIoy him untiI the time when the empIoyer enabIes this
empIoyee to continue his work. or untiI the empIoyment reIationship is terminated in a vaIid manner.
(2) If the entire period for which such empIoyee shouId be paid a compensatory wage exceeds six months.
a court. acting on a petition (appIication) fiIed by the empIoyer. may reasonabIy reduce such
compensatory wage for a further period (i.e. over and above the initiaI six months). or not admit the
empIoyee's entitIement to a compensatory wage: in coming to such decision. the court shaII in particuIar
take into account whether the empIoyee was empIoyed eIsewhere in the meantime. what kind of work
(job) he was engaged in and his earnings. or why he did not take on (other) work (job).
(3) If the empIoyer severs an empIoyment reIationship in a manner which is void. but the empIoyee does
not insist that his empIoyment be continued. unIess the empIoyee agrees otherwise with the empIoyer in
writing. his empIoyment reIationship shaII be deemed to have been terminated by agreement as foIIows:
(a) if he was given notice in a manner which was void. upon expiry of the notice period:
(b) if his empIoyment reIationship was terminated with immediate effect or within the triaI period in a
manner which was void. on the day when such empIoyment reIationship shouId have ended as a resuIt
of it being terminated: in such cases. the empIoyee is entitIed to a compensatory wage in the amount
of his average earnings throughout the notice period.

Section 62
(1) If an empIoyee gives a void notice of termination. or terminates his empIoyment reIationship
immediateIy in a void manner. or terminates his empIoyment reIationship during the triaI period in such
manner. and the empIoyer notifies him of his insistence that the empIoyee continue to perform his work.
his empIoyment reIationship shaII continue. If the empIoyee does not compIy with the empIoyer's
notification. the empIoyer may require the empIoyee to compensate him for the damage caused to him
(section 179). as of the day when he notified the empIoyee of his insistence on continued performance of
work (job) by such empIoyee: however. such compensation of damage (i.e. damages) for the period which
preceded the empIoyer's assertion before the court that severance of the empIoyment reIationship was void
is Iimited to a maximum of one month.
(2) If an empIoyee severs his empIoyment reIationship in a manner which is void. but the empIoyer does
not insist that the empIoyee continue to work. unIess the empIoyer agrees otherwise with the empIoyee.
the empIoyment reIationship shaII be deemed to have been terminated by agreement:
(a) if the empIoyee gave notice in a void manner. upon expiry of the notice period:
(b) if he terminated his empIoyment reIationship immediateIy or during the triaI period in a void manner.
on the day when the empIoyment reIationship was to terminate (as advised).
(3) In the cases pursuant to the preceding subsection. the empIoyer cannot cIaim compensation of damage
(i.e. damages) from the empIoyee.

Section 63
In the case of a void agreement on severance of an empIoyment reIationship. the same procedure
shaII appIy to the assessment of an empIoyee's entitIement to compensation for Iost wages as it appIies
when an empIoyer gives notice of termination to an empIoyee in a void manner (section 61). The
empIoyer cannot cIaim damages due to such agreement being void.

Section 64
Both an empIoyer and his empIoyee may cIaim before the (competent) court the fact that severance of
an empIoyment reIationship by notice. by its immediate termination. by its termination during the triaI
period. or by agreement is void. but no Iater than two months after the day when the empIoyment
reIationship was to have ended as a resuIt of such severance.

Division 5
Election and Appointment

Section 65
(1) An empIoyment reIationship based upon eIection or appointment shaII commence on the day
designated for taking up such office. The rights and obIigations of the empIoyee and the empIoyer with
whom the empIoyee was hitherto in an empIoyment reIationship shaII not thereby be affected. unIess they
agree otherwise. If. however. the empIoyment reIationship is based upon eIection to pubIic office. the
empIoyer with whom the empIoyee is in an empIoyment reIationship at the time of his eIection to such
office is obIiged to enabIe the empIoyee to perform his duties and to grant him time off for that purpose.
without pay. or. at his request. to sever the empIoyment reIationship with him.
(2) An empIoyee who is eIected or appointed to office may be recaIIed from it or resign. His recaII or
resignation must be in writing and deIivered to the other party (participant). otherwise it is void.
Performance of such office wiII finish on the day foIIowing the day on which notice of recaII or a Ietter of
resignation is deIivered to the other party. unIess a Iater day is stated in the notice of recaII or the Ietter of
resignation.
(3) The empIoyment reIationship shaII not end as a resuIt of expiry of the empIoyee's term of office or his
recaII or resignation from office. The empIoyer shaII agree with such empIoyee on his further pIacement
within the empIoyer's undertaking in another job corresponding to his quaIifications. or in another job
(type of work) suitabIe for him. If the empIoyer does not have a post for the empIoyee. this shaII constitute
an impediment on the part of the empIoyer (section 130) and simuItaneousIy serve as a ground for giving
notice of termination pursuant to section 46(1)(c): the empIoyee is entitIed to severance pay onIy if his
empIoyment reIationship is severed after recaII from his office which wiII cease to exist because of
organizationaI changes. and his severance pay shaII be the same as that of empIoyees affected by
organizationaI changes. Otherwise. the provisions on termination of an empIoyment reIationship based on
an empIoyment contract shaII appIy to termination of the said empIoyment reIationship.

Sections 66 to 67
Repealed

Section 68
The provisions on an empIoyment reIationship based on an empIoyment contract shaII otherwise
appIy to an empIoyment reIationship based upon eIection or appointment.

Division 6
Parallel Employment Relationships and Subsidiary Working Activity

Section 69
If an empIoyee has agreed to more than one empIoyment reIationship. the rights and duties
(obIigations) ensuing from each shaII be considered independentIy. unIess this Code or other statutory
provisions stipuIate otherwise.

Subsidiary Employment Relationships
Section 70
(1) A main (principaI) empIoyment reIationship and a subsidiary reIationship refer to a situation in which
an empIoyee is empIoyed for the prescribed weekIy working time (section 83a) in one empIoyment
reIationship. but in addition to this he performs work as part of another empIoyment reIationship. A
subsidiary empIoyment reIationship may onIy be agreed for working hours which are shorter than the
prescribed weekIy working time.
(2) An empIoyment reIationship agreed with an empIoyee for periods when he is taking annuaI Ieave shaII
not be considered as a subsidiary empIoyment reIationship.
(3) The Government may stipuIate in a decree:
(a) the maximum working time which can be agreed for a subsidiary empIoyment reIationship:
(b) the maximum number of working hours which may be agreed in totaI for two or more subsidiary
empIoyment reIationships or in agreements on working activity (activities).

Section 70a
Repealed

Section 70b
(1) A subsidiary empIoyment reIationship may be terminated by the empIoyer or empIoyee giving notice.
stating or without stating any ground. The notice period Iasts 15 days and starts on the day when such
notice is deIivered (served on the other party).
(2) The provisions of sections 30(2). 46(2). 47. 48. 49. 50. 53(3). 59 and 155 shaII not appIy to any
subsidiary empIoyment reIationship.
(3) If an empIoyee agrees. the empIoyer with whom he is in a subsidiary empIoyment reIationship may
scheduIe his working time (in the subsidiary empIoyment reIationship). either evenIy or unevenIy. for a
period of Ionger than one week but not exceeding 12 months. under the conditions stipuIated for an
appropriate adjustment to the working time |section 86(2) and (3)|. If the working time is scheduIed
unevenIy. compIiance with the agreed number of working hours is assessed by taking account of the entire
period for which the subsidiary empIoyment reIationship has been agreed. but not for a period Ionger than
12 months.
(4) An empIoyer may not empIoy an adoIescent in a subsidiary empIoyment reIationship.
(5) An empIoyment reIationship which has been agreed with a member of a co-operative. whose
empIoyment reIationship constitutes part of his membership. is aIso considered as a subsidiary
empIoyment reIationship if such member of a co-operative is aIso in fuII-time empIoyment.

Section 71
Subsidiary Working Activity
Work which an empIoyee performs for an empIoyer with whom he has an empIoyment reIationship
over and above of the working time prescribed for this empIoyment reIationship. and which invoIves work
of a kind other than that agreed in the empIoyment contract. shaII be deemed to be subsidiary working
activity. It may onIy be carried out in the context of an additionaI empIoyment reIationship |sections 69
and 70(1)| or on the basis of an agreement for work performed outside of an empIoyment reIationship.

CHAPTER II
WORK DISCIPLINE AND WORK CODE

Section 72
Repealed

Section 73
Fundamental Obligations oI Employees
(1) EmpIoyees are obIiged in particuIar:
(a) to work conscientiousIy and properIy in accordance with their strength. knowIedge and abiIity. carry
out instructions of their superiors which are issued in conformity with the statutory provisions. and
observe the principIes of co-operation with other empIoyees:
(b) to make fuII use of their working time and the means of production in order to carry out the work
entrusted to them and compIete their work tasks to a good standard. economicaIIy and on time:
(c) to observe the statutory provisions reIating to the work which they are carrying out as part of their
tasks and the other provisions and reguIations reIated to such work. if they have been duIy acquainted
therewith:
(d) to properIy manage the resources entrusted to them by the empIoyer. to guard and protect the property
of the empIoyer against damage. Ioss. destruction and misuse. and not to act contrary to the
empIoyer's Iegitimate interests.
(2) EmpIoyees of state administrative authorities. emplovees of local self-governing areas emploved bv
the office of a village or municipal council, municipal council of a chartered citv or a borough council
of a chartered citv, regional authoritv, the municipal council of the capital of Prague and anv borough
council of Prague, except for officials of local self-governing areas pursuant to special statutorv
provisions (Note 16a), emplovees who work in the local police and are emploved bv local self-governing
areas². courts and state prosecutor's offices. the PoIice of the Czech RepubIic. the Firefighting Brigades of
the Czech RepubIic. the armed forces (Note 16b). the Security InteIIigence Agency. the Prison Service. the
Probation and Mediation Service. the Office of the President of the (Czech) RepubIic. the Offices of the
Chamber of Deputies and the Office of the Senate. the Ombudsman's Office. the OIIice Ior
Representation oI the State in Property Matters**, the Office of the Government (Cabinet Office). the
Supreme Inspection (Auditing) Office. the OIIice Ior the Protection oI Personal Data***. the Czech
NationaI Bank and state funds. and empIoyees of protected Iandscape areas and nationaI parks are further
required:

* Effective as of 1 January 2003.
** Effective as of 1 JuIy 2002.
*** Effective as of 31 May 2001.

(a) to act and make decisions impartiaIIy and when carrying out their duties. to refrain from conduct
(practices) which might put at risk confidence in the impartiaIity of their decision-making:
(b) to maintain confidentiaIity concerning facts about which they Iearn whiIe carrying out their duties and
which. in the empIoyer's interest. shouId not be communicated to other persons: this shaII not appIy if
the statutory organ or a manager appointed by such statutory organ reIeases empIoyees from this duty.
unIess another Act (Note 20) provides for otherwise:
(c) not to accept gifts or other benefits in connection with the performance of their office. with the
exception of gifts or benefits provided by their empIoyer or on the basis of statutory provisions or
their coIIective bargaining agreement:
(d) to refrain from any conduct (practices) which might Iead to confIict between pubIic interests and their
personaI interests. especiaIIy by the misuse of information acquired in connection with the
performance of their office for their own or another person's benefit.
(3) The empIoyees pursuant to subsection (2) may not be members of the managing or supervising
(supervisory) organ of a IegaI entity engaged in business (entrepreneuriaI) activity: this obIigation shaII
not appIy if their empIoyer appoints them to such an organ and if. in connection with their membership.
they do not receive any remuneration from such a IegaI entity.
(4) The empIoyees pursuant to subsection (2) may engage in business activity onIy with the prior written
consent of their empIoyer.
(5) The restrictions stipuIated in the preceding subsection shaII not appIy to activities by such persons
which are of a scientific. educationaI. journaIistic. Iiterary or artistic nature. or to the management of their
own property.
(6) The provisions of subsections (2) to (5) shaII appIy. unIess another Act provides for otherwise (Note
20a).

Section 74
Fundamental Obligations oI Managerial StaII
ManageriaI staff (empIoyees) shaII in particuIar:
(a) manage and supervise the work of empIoyees and reguIarIy appraise their attitude towards their work
and work team and the resuIts of their work:
(b) in the interest of increasing Iabour productivity. organize the work as weII as possibIe and see to it
that. in accordance with the economic and technicaI possibiIities. production corresponds to the
requirements of technoIogicaI and economic deveIopment:
(c) create favourabIe working conditions and ensure safety and the protection of heaIth at work:
(d) arrange for the remuneration of empIoyees in accordance with the statutory provisions on wages and
coIIective bargaining agreements. or internaI wage reguIations or empIoyment contracts. and ensure
that the wages of empIoyees are differentiated to refIect their productivity and share in output (finaI
work resuIts):
(e) create favourabIe conditions for improving the empIoyees' vocationaI skiIIs and meeting their cuIturaI
and sociaI needs:
(I) ensure that the statutory provisions and other reguIations are adhered to. and especiaIIy that empIoyees
observe work discipIine. evaIuate the initiative and effort at work. and see to it that there is no breach
of work discipIine and that the empIoyees perform their obIigations:
(g) ensure the adoption of timeIy and effective measures to protect the empIoyer's property.

Section 75
Other GainIul Activity
(1) In addition to the work they carry out within the framework of their empIoyment reIationships.
empIoyees may onIy engage in other gainfuI activity in the same fieId of activity as that of their empIoyer
with his prior written consent.
(2) PreviousIy given consent may be withdrawn by the empIoyer in writing. In such written withdrawaI of
consent. the empIoyer shaII state the grounds for his decision. Without undue deIay. the empIoyee shaII
terminate such gainfuI activity in a manner ensuing from the statutory provisions.
(3) The restriction pursuant to subsection (1) shaII not appIy to engagement in work of a scientific.
educationaI. journaIistic. Iiterary or artistic nature.
(4) The provisions of subsections (2) and (3) shaII appIy. unIess another Act provides for otherwise (Note
20a).

Sections 76 to 81
Repealed

Section 82
Work Code (Working Regulations)
(1) An empIoyer may issue a work code (ruIes of work. working reguIations). The empIoyers pursuant to
section 73(2) are obIiged to issue such codes.
(2) In conformity with the statutory provisions. work codes (working reguIations) shaII appIy this Code's
provisions in detaiI. taking into account the specific conditions of the empIoyer.
(3) The empIoyer may issue a work code (working reguIations) unIess an organ superior to the empIoyer
has issued it (them) for empIoyers which are subordinated to such organ (body). An organ superior to the
empIoyer or the empIoyer shaII onIy issue such code (working reguIations) with the prior consent of the
competent trade union organ (organization. body). otherwise such code (reguIations) shaII be void.
(4) The work code (working reguIations) shaII be binding on the empIoyer and on aII of his empIoyees.
coming into effect on the day stated therein. but no sooner than the day it is made known to the empIoyees
concerned.
(5) AII empIoyees must be informed of the work code (working reguIations) which shaII be pubIicIy
accessibIe to aII of the empIoyer's empIoyees.

CHAPTER III
WORKING TIME AND REST PERIODS

Division 1
Working Time and Work Breaks

Section 83
DeIinitions
(1) Working time¨ (pracovní doba¨) shaII mean any period in which an empIoyee is engaged in work
for his empIoyer.
(2) A rest period¨ (doba odpocinku¨) shaII mean any period which is not working time.
(3) A shift¨ (sm na¨) shaII mean the part of weekIy working time |section 83a(5)|. excIuding overtime.
when an empIoyee is engaged in work for his empIoyer according to a predetermined pattern (scheduIe) of
work shifts during a period of 24 consecutive hours.
(4) A two-shift pattern of work¨ shaII mean a pattern (scheduIe) of work organization in which
empIoyees rotate in two shifts during a period of 24 consecutive hours. A three-shift pattern of work¨
shaII mean a pattern (scheduIe) of work organization in which empIoyees rotate in three successive shifts
during a period of 24 consecutive hours. A continuous pattern of work¨ (or an uninterrupted pattern of
work¨: in Czech nep etrzitý pracovní rezim¨) shaII be a pattern (scheduIe) of work in which empIoyees
rotate in shifts during a period of 24 consecutive hours because their empIoyer's operations are continuous:
a continuous operation¨ (or an uninterrupted operation: in Czech nep etrzitý provoz¨) shaII mean an
operation which requires work to be performed 24 hours a day. seven days a week.
(5) Stand-by¨ (pracovní pohotovost¨) shaII mean the time during which an empIoyee is in a state of
readiness to carry out work covered by his empIoyment contract but which. in the event of urgent need.
must be carried out in addition to his scheduIed work.
(6) Overtime work¨ (prace p escas¨) shaII mean work carried out by an empIoyee. on the instruction of
his empIoyer or with his empIoyer's consent. in addition to the weekIy working time covered by his
predetermined scheduIe of work and pattern of shifts |sections 84. 85 and 87(1)|. In the case of empIoyees
whose working time is reduced |section 86(1)|. overtime shaII mean any work exceeding their
predetermined weekIy working time (section 83a): such empIoyees cannot be ordered to work overtime. If
an empIoyee exceeds his weekIy working time by working off his time off which he was granted (in
another week) at his own request by the empIoyer. this shaII not be regarded as overtime.

Section 83a
(1) The maximum weekIy working time shaII be 40 hours.
(2) The maximum weekIy working time of empIoyees:
(a) who work underground on mining coaI. ores or non-metaIIic raw materiaIs or on constructing mines.
or who work at sites of geoIogicaI expIoration and use mining techniques shaII be 37.5 hours:
(b) who work a three-shift or continuous pattern (scheduIe) of shifts shaII be 37.5 hours:
(c) who work a two-shift pattern (scheduIe) shaII be 38.75 hours:
(d) who are under 16 years of age shaII be 30 hours. with their working time on any individuaI day not
exceeding six hours.
(3) The introduction for heaIth reasons of shortened working time without a reduction in wages beIow the
IeveI pursuant to subsections (1) and (2) shaII require the approvaI of the Ministry of Labour and SociaI
Affairs. acting in agreement with the Ministry of HeaIth. and after consuItation with the competent centraI
trade union organ (body) and empIoyers' organization.
(4) A further shortening of working hours beIow the IeveIs pursuant to the preceding subsections. without
a concurrent reduction in wages. may be agreed in a coIIective bargaining agreement or prescribed in
internaI reguIations.
(5) Working time pursuant to subsections (1) to (4) shaII be regarded as the prescribed (i.e. fixed) weekIy
working time.

Working Time Schedules
Section 84
(1) The empIoyer shaII decide working time scheduIes after consuIting the competent trade union
organization (body). As a ruIe. working time shaII be scheduIed over five working days per week. When it
is scheduIed. the empIoyer shaII take into account the avaiIabiIity of transport for empIoyees to their
workpIace. the suppIy of eIectricity. gas and heating steam and the need for such scheduIe not to confIict
with safe and heaIthy working or the interests of the popuIation. or not to disrupt the foIIow-on activities
of other empIoyers.
(2) When working time is evenIy scheduIed. the difference between the Iength of working time in
individuaI weeks shouId not exceed three hours and the Iength of one shift shouId not exceed nine hours:
average weekIy working time. without overtime work. in a period of four successive weeks may not
exceed the Iimit determined for weekIy working time.

Section 85
(1) If the nature of the work or the operating conditions do not aIIow working time to be scheduIed evenIy
over individuaI weeks |section 84(2)|. the empIoyer may. after consuIting the competent trade union
organization (body). scheduIe working time unevenIy over a period agreed in the coIIective bargaining
agreement. or he may discuss the uneven scheduIe of working time with his empIoyee. In the case of an
uneven scheduIe of working time. average weekIy working time. without overtime work. over a period of
a maximum of 12 successive months may not exceed the IegaIIy-determined weekIy working time.
(2) If working time is unevenIy scheduIed. both of the Iimits pursuant to section 84(2) may be exceeded.
However. the Iength of one shift in an uneven scheduIe of working time may not exceed 12 hours.
(3) The empIoyer shaII draw up a written scheduIe of working time and acquaint his empIoyee with it no
Iater than two weeks before the commencement of the period over which such working time is unevenIy
distributed. unIess the empIoyer agrees otherwise with his empIoyee.

Section 85a
Flexible Working Time
(1) In the interest of making better use of the empIoyees' working time and meeting their personaI needs
more satisfactoriIy. the empIoyer may introduce fIexibIe working time (pruzna pracovní doba¨). after
consuIting the competent trade union organization (body) on the issue: such fIexibIe working time may
aIso be introduced onIy at certain workpIaces or appIied onIy to certain empIoyees.
(2) The empIoyer shaII determine the specific conditions under which fIexibIe working time is introduced
in his work code (working reguIations) and acquaint his empIoyees with these conditions in advance.
(3) When fIexibIe working time is introduced. the empIoyee shaII choose the time when he starts and
finishes his working time on individuaI days within certain bands of time determined by his empIoyer
(optionaI working time¨: in Czech voIiteIna pracovní doba¨). Within these two bands of optionaI
working time there is a core working time for which the empIoyee shaII be required to be at his workpIace
(hereafter basic working time¨: in Czech zakIadní pracovní doba¨).
(4) Within the framework of the 40-hour weekIy working time. the empIoyer shaII determine the
beginning and end of the basic (core) working time in such a manner that it accounts for at Ieast five hours
of such (working) day. OptionaI part of the working time shaII be scheduIed by the empIoyer to be at the
beginning and at the end of a shift so that within the framework of the 40-hour weekIy working time there
wiII be at Ieast one hour optionaI at the start of a shift. In the case of shortened working time |section
83a(2) to (4)|. reduced working time |sections 86(1). 156(2) and 270|. or weekIy working time scheduIed
over other number of days than five days a week. the Iength of the basic (core) working time and optionaI
working time shaII be determined in proportion to the weekIy working time.
(5) FIexibIe working time shaII not appIy to empIoyees on business (work) trips. empIoyees engaged in an
urgent work as part of a shift (the beginning and end of which is firmIy fixed) or to situations in which the
use of fIexibIe working time is prevented due to operationaI grounds. or due to important impediments on
an empIoyee's side (when such empIoyee is not entitIed to a compensatory wage but he is entitIed to
financiaI benefits pursuant to the sickness insurance provisions): the weekIy working time as scheduIed in
shifts and fixed by the empIoyer for this purpose shaII appIy to such cases.

Section 85b
Forms oI Flexible Working Time
(1) FIexibIe working time may take the form of:
(a) a fIexibIe working day. in which the empIoyee himseIf chooses when to begin his shift and on the
working day in question is obIiged to work the fuII shift faIIing on that working day. in accordance
with the weekIy scheduIe of shifts determined by the empIoyer:
(b) a fIexibIe working week. in which the empIoyee himseIf chooses when to begin and finish his shifts
and in the week in question is obIiged to work the fuII weekIy working time:
(c) a fIexibIe four-week period. in which the empIoyee himseIf chooses when to begin and finish his shifts
and in the period of four successive weeks in question is obIiged to work the fuII working time fixed
by his empIoyer in accordance with the weekIy working time for such four-week period.
(2) Any work done which exceeds the Iength of a shift when a fIexibIe working day scheduIe is used. or
which exceeds the Iength of a fIexibIe working week when a fIexibIe working week scheduIe is used. or
which exceeds a four-week working period when a scheduIe of a four-week working period is used. shaII
not be taken into account. unIess it is overtime work or unIess it concerns working off (i.e. work
performed in Iieu of) a part of the empIoyee's working time when he did not work.

Section 85c
Impediments to Work in the Case oI Flexible Working Time
(1) When fIexibIe working time is appIied. impediments to work on the empIoyee's side shaII onIy be
regarded as work performance to the extent in which these impediments affect basic working time (the
empIoyee's core hours of work): with regard to the extent to which the impediments affected the
empIoyee's optionaI working time. the missed hours of work shaII be excused but no compensatory wage
shaII be paid. If the statutory provisions (reguIations) stipuIate the exact Iength of the necessary time in
respect of which an empIoyee is entitIed to time off. or if activity by the empIoyees' representatives is
invoIved. the entire period (of such impediment) shaII be considered as work performance.
(2) If there are impediments to work on the empIoyer's side and they affect an empIoyee's shift. they shaII
be regarded as work performance for each individuaI day on which:
(a) a fIexibIe working day is in operation. up to the Iength of the empIoyee's shift on the day concerned:
(b) a fIexibIe working week or four-week working period is in operation. up to the average Iength of a
working shift as it ensues from the fixed or reduced working time of the empIoyee concerned.
(3) If an empIoyee was not at work due to impediments on his side. for which his absence was excused
|subsection (1)(first sentence after the semicoIon)|. and he did not work for the whoIe period of the daiIy
working time when a fIexibIe working day was being operated. or he did not work for the whoIe period of
the weekIy working time when a fIexibIe weekIy working time was being operated. or he did not work for
the whoIe period of the four-week working time when a four-week working time was being operated. he
shaII have to work off the unworked part of the working time on working days by the end of the foIIowing
caIendar month. unIess he and the empIoyer agree on other time-frame during which the empIoyee wiII
work off the unworked part. If the empIoyee couId not work off the unworked part of the working time
within the time-frame stipuIated in the first sentence due to impediments to work on his side. he shaII have
to work it off as soon as possibIe after these impediments cease to affect him. unIess he and the empIoyer
agree on other time-frame during which the empIoyee wiII work off the unworked part. The working off
of unworked time pursuant to the first and second sentences may onIy take pIace in optionaI working time.
unIess other time is agreed: such work is not regarded as overtime work.

Section 85d
Overtime Work in the Case oI Flexible Working Time
(1) Overtime work |section 83(6)| shaII mean in the context of:
(a) a fIexibIe working day. work performed in excess of the Iength of a shift faIIing on such a day.
according to the weekIy scheduIe of shifts determined by the empIoyer:
(b) a fIexibIe working week or four-week working period. work performed in excess of the Iength over
the basic working time scheduIed for the day in question:
provided that the empIoyee performed work in excess of the prescribed weekIy working time. and. in the
case of operation of a four-week working period pursuant to section 85b(1)(c). in excess of the working
time prescribed for the four-week period in question.
(2) It shaII not be regarded as overtime work if an empIoyee:
(a) by his work pursuant to subsection (1). onIy fuIfiIs his obIigation to work the weekIy working time
within the time-frame of the same week. or the fixed (prescribed) working time which faIIs in a period
of fIexibIe four-week working. within the time-frame of this period:
(b) performed work in excess of his weekIy working time which he was not instructed by his empIoyer to
do and which the empIoyer had not approved as overtime work. and the empIoyee. who. without fauIt
on his part. couId not use this worked off time to fuIfiI the prescribed weekIy (or four-week) working
time because he was prevented from doing so due to grounds which are deemed to be the performance
of work (Note 20b). The empIoyer shaII pay the empIoyee wage for the performance of the work and
count it. as a ruIe. as work done in the week (four-week period) immediateIy foIIowing the occurrence
of the stated reasons. In the case of the procedure pursuant to Ietter (a) and/or pursuant to the second
sentence. the empIoyee shaII fuIfiI the basic working time prescribed for the day in question.

Section 86
Reduced Working Time and Other Adjustments to Working Time
(1) Due to operationaI reasons. an empIoyer may concIude an empIoyment contract with his empIoyee for
working time which is shorter than the prescribed weekIy working time. He may aIso agree with his
empIoyee. or aIIow his empIoyee due to heaIth or other serious grounds on the empIoyee's side. working
time which is shorter than the prescribed weekIy working time. provided that the empIoyer's operations so
aIIow. EmpIoyers shaII create conditions which enabIe them to compIy with such requests. Reduced
working time does not need to be spread over aII working days. EmpIoyees with reduced working time are
entitIed to wages which correspond to that time.
(2) If the empIoyer's operations aIIow. he may. at the request of his empIoyee. for grounds of the
empIoyee's heaIth or other serious grounds. permit him another suitabIe adjustment to the prescribed
weekIy working time or reduced (shorter) working time or. for the same reasons and at the empIoyee's
request. he may agree to this in the empIoyment contract with such empIoyee.
(3) With the empIoyee's consent. working time pursuant to the preceding subsection may exceptionaIIy
exceed nine hours on an individuaI day |section 84(2)|. and this uneven spread of working time shaII not
be tied to the conditions pursuant to section 85.

Beginning and End oI Working Time
Section 87
(1) The empIoyer shaII fix the beginning and end of working time and the scheduIe of working shifts after
consuIting the competent trade union organization (organ. body).
(2) After consuIting the competent trade union organization (body). the empIoyer may divide working
time on a shift into two parts: in agricuIture. transportation. communications. cuIturaI institutions and
trade. working time on one shift may aIso be divided in this way into more parts. At the same time. the
empIoyer shaII consider the possibiIities of reguIar (scheduIed) transport for empIoyees to their work and
the suppIy of eIectricity. gas and heating steam. and the fact that such a division of working time shouId
not confIict with the interests of the popuIation.

Section 88
(1) EmpIoyees are obIiged to be at their workpIace at the beginning of their working time and to Ieave the
workpIace onIy after their working time has ended.
(2) A coIIective bargaining agreement or internaI reguIations may determine how the time required for
washing after the end of work can be incIuded into working time. This shaII aIso appIy to empIoyers not
engaged in business (entrepreneuriaI) activity.

Section 89
Work Breaks
(1) After an empIoyee has done a maximum of four and a haIf hours of continuous work. his empIoyer is
obIiged to give him a break from work for food and rest Iasting at Ieast 30 minutes. If an empIoyee
performs work that cannot be interrupted. the empIoyee must be provided with a reasonabIe amount of
time for food and rest. without the operations or work being interrupted: adoIescents must aIways be
granted work breaks for food and rest according to the first sentence.
(2) The empIoyer may fix an adequate break for food after consuIting the competent trade union
organization (body).
(3) The empIoyer shaII fix the beginning and end of this break after consuIting the competent trade union
organization (body).
(4) A break for food and rest shaII not be provided at the beginning or end of a shift.
(5) Work breaks which are provided for food and rest shaII not be part of working time (i.e. shaII not be
considered as working time).

Section 90
Lninterrupted Rest between Two ShiIts
(1) An empIoyer is obIiged to scheduIe working time so that from the end of one shift untiI the beginning
of the next one empIoyees wiII have an uninterrupted period of rest of at Ieast 12 hours in 24 successive
hours.
(2) In the case of an empIoyee over 18 years of age. his rest period pursuant to subsection (1) may be
reduced to a minimum of eight consecutive hours in 24 hours provided that his next rest period is
extended by the amount of the time by which his preceding rest period was shortened. when such
empIoyee is invoIved in:
(a) continuous operations. unevenIy scheduIed working time or overtime work:
(b) agricuIture:
(c) pubIic catering. cuIturaI events or other pubIic services:
(d) urgent repair work necessary to avert a threat to the Iives or heaIth of empIoyees:
(e) deaIing with naturaI disasters or simiIar extraordinary events.
The rest period of a woman who works in continuous operations may be reduced onIy to 11 consecutive
hours in 24 hours provided that her next rest period is extended by the amount of time by which her
preceding rest period was reduced.

Rest Days
Section 91
(1) Rest days are the days on which an empIoyee's weekIy period of uninterrupted rest faIIs and pubIic
hoIidays.
(2) An empIoyer may onIy require an empIoyee to work on a rest day exceptionaIIy. and onIy after
consuIting the competent trade union organization (body).
(3) On days when the weekIy period of uninterrupted rest faIIs. the empIoyer may require an empIoyee to
do onIy work which cannot be done on working days:
(a) urgent repair work:
(b) Ioading and unIoading:
(c) inventory-taking and the cIosing of accounts:
(d) repIacement of an absent empIoyee on a shift invoIving continuous operations:
(e) averting a threat to Iife or heaIth. or work reIating to naturaI disasters or simiIar extraordinary events:
(I) work reIating to the necessities of Iife. heaIth or the popuIation's cuIturaI needs:
(g) work by the crews of vesseIs:
(h) feeding and care of farm animaIs.
(4) On pubIic hoIidays. an empIoyer may require an empIoyee to do onIy work which the empIoyer can
require to be done on days of uninterrupted rest. or work on a continuous operation. and work which is
necessary for protection of the empIoyer's premises.

Section 92
Weekly Lninterrupted Rest Periods
(1) The empIoyer shaII scheduIe working time in such a manner that empIoyees have one minimum
uninterrupted rest period of 35 hours in each period of seven consecutive caIendar days. In the case of
adoIescent empIoyees. such weekIy uninterrupted rest period may not be Iess than 48 hours.
(2) If operations so aIIow. the empIoyer shaII scheduIe a weekIy uninterrupted rest period for aII
empIoyees to invoIve the same day and in such a manner that it shaII incIude Sunday.
(3) In cases invoIving:
(a) the necessity to substantiaIIy increase the number of empIoyees for a temporary period not exceeding
five successive months in a caIendar year:
(b) work in communications. cuIturaI estabIishments. heaIth care and sociaI weIfare estabIishments and
continuous (uninterrupted) operations:
(c) work where working time is unevenIy scheduIed or work which is being done to avert the
consequences of naturaI disasters or to deaI with civiI engineering breakdowns or breakdowns in
technoIogicaI processes which cannot be interrupted:
the empIoyer may. after consuIting the competent trade union organization (body). scheduIe the working
time of empIoyees who are over 18 years of age in such a manner that their weekIy period of uninterrupted
rest wiII be at Ieast 24 hours and the minimum totaI period of rest in two weeks wiII be 70 hours.
(4) It may be agreed in a coIIective bargaining agreement covering empIoyees in agricuIture. or in an
agreement with an empIoyee working in agricuIture. that uninterrupted rest wiII be provided in such a
manner that the totaI period of uninterrupted rest wiII be no Iess than 105 hours in three weeks.

Section 93
When scheduIing working time pursuant to the preceding provisions. it is necessary to take into
consideration the energy and transportation situation: the empIoyer must therefore foIIow the instructions
of the competent state administrative authorities. issued after consuItations with the competent trade union
organization (body). and with regard to reguIar transport of empIoyees and suppIies of eIectricity. gas and
heating steam.

Section 94
Records oI Working Time
The empIoyer shaII keep records of individuaI empIoyees' working time. overtime work. stand-by and
night work. At the request of an empIoyee. the empIoyer shaII enabIe the empIoyee to inspect such records
of his working time.

Section 95
Stand-by
(1) Stand-by shaII be conditionaI on the envisaged performance of urgent work outside the framework of
an empIoyee's working time. Stand-by may take pIace at the workpIace or another agreed pIace.
(2) The empIoyer may agree stand-by with his empIoyee at the workpIace in a maximum of 400 hours per
caIendar year. He may agree stand-by with his empIoyee at another agreed pIace. and he may require the
empIoyee to stand by for work within the framework of the agreed stand-by. The scope of stand-by at the
workpIace or another agreed pIace may be reduced in an enterprise coIIective bargaining agreement.
(3) The empIoyee is entitIed to a wage for work done during stand-by: work done within the framework
of stand-by which exceeds the prescribed working time shaII be overtime and it shaII be taken into account
regarding the Iimits on overtime work.
(4) When no work is done during a period of stand-by. it shaII not be counted as working time: however.
the empIoyee on stand-by is entitIed to remuneration in accordance with another Act (Note 34).

Division 2
Overtime and Night Work

Section 96
(1) Overtime working may onIy be required by an empIoyer in extraordinary cases when there are serious
operationaI grounds for it: overtime work may even be required during an empIoyee's period of
uninterrupted rest between two shifts. and in the conditions pursuant to section 91(2) to (4) it may even be
required during an empIoyee's rest days. When an empIoyee is required to work overtime by his empIoyer.
it may not exceed more than eight hours in individuaI weeks and a totaI of 150 hours in the caIendar year.
(2) Overtime work in excess of the Iimits pursuant to subsection (1) may onIy be performed exceptionaIIy
and on condition that the empIoyee agrees to do it. The totaI number of hours of overtime work may not
exceed an average of eight hours per week: an enterprise coIIective bargaining agreement may stipuIate a
Iower Iimit on voIuntary overtime work than the statutory Iimit.
(3) The number of the maximum permissibIe overtime work shaII not incIude an empIoyee's overtime
work for which compensatory time off (in Iieu of such overtime work) is provided to the empIoyee.
(4) A period in which overtime work may not exceed an average of eight hours per week may be fixed in
a coIIective bargaining agreement. or agreed between the empIoyee and his empIoyer. and the Iength of
such period may not be more than four consecutive caIendar months. in the case of reguIarIy scheduIed
work. or six consecutive caIendar months. in the case of unevenIy scheduIed work. A coIIective
bargaining agreement may fix a period in which average weekIy overtime work may not exceed eight
hours. and the Iength of such period may extend up to 12 consecutive caIendar months.
(5) Overtime work may not be carried out by empIoyees whose working time has been shortened due to
heaIth grounds and without any reduction in wages.

Section 97
Repealed

Section 98
After consuIting the competent trade union organization (body). the empIoyer wiII determine the totaI
amount of overtime work at his enterprise. in individuaI organizationaI units and/or at particuIar
workpIaces. and any possibIe exceeding of the Iimits.

Section 99
(1) Night work shaII be work performed during night time. which is between 10 p.m. and 6 a.m.
(2) For the purposes of this Code. an empIoyee working at night¨ (a night worker) shaII mean an
empIoyee who reguIarIy works at Ieast three hours of his reguIar working time in a period of 24
consecutive hours during night time: this provision shaII not affect statutory provisions of other Iaws (Note
34).
(3) The working time of an empIoyee working at night may not exceed eight hours in a period of 24
consecutive hours: if this is not possibIe for operationaI reasons. the empIoyer shaII scheduIe the
prescribed weekIy working time in such a manner that the average Iength of a shift does not exceed eight
hours in a maximum period of six consecutive caIendar months. when caIcuIation of the average Iength of
the shift of an empIoyee working at night is based on a five-day working week.
(4) The empIoyer shaII ensure that an empIoyee working at night is examined by a doctor (physician):
(a) before assigning such empIoyee to night work:
(b) on a reguIar basis as necessary. but at Ieast once a year:
(c) at any time when such empIoyee is assigned to night work and heaIth probIems occur as a resuIt of his
working at night. and the empIoyee requests it.
The empIoyee may not be asked to reimburse the cost of such heaIth care.
(5) EmpIoyers are required to consuIt reguIarIy the competent trade union organ (body) on issues of
safety and the protection of heaIth at work and the organization of night work. and to provide suitabIe
sociaI services for empIoyees working at night. especiaIIy refreshments.
(6) EmpIoyers are required to provide workpIaces where night work is performed with first aid means.
and to ensure that the workpIace is so equipped that emergency medicaI assistance can be summoned. if
needed.

Section 99a
In the case that measures reIating to coIIective reguIation of working time |sections 84(1). 85(1).
85a(1). 87 and 89(2) and (3)|. instructions to work on rest days |section 91(2)| and to do overtime work
(section 98) are incIuded in coIIective bargaining agreements. their impIementation shaII not require
consuItation with the competent trade union organization (organ. body).

Division 3
Leave

Section 100
Under determined conditions. an empIoyee is entitIed to:
(a) annuaI Ieave or a proportionate part of it:
(b) Ieave based on the number of days worked:
(c) suppIementary Ieave:
(d) additionaI Ieave.
Annual Leave
Section 101
(1) An empIoyee who during his continuous (uninterrupted) empIoyment reIationship with the same
empIoyer performed work for this empIoyer for Ieast 60 days in one caIendar year is entitIed to his annuaI
Ieave (i.e. his Ieave for such caIendar year). or to a proportionate part of his annuaI Ieave in the case that
his empIoyment reIationship did not Iast continuousIy for the whoIe caIendar year. Each day on which an
empIoyee works most of his shift is regarded as a day worked: parts of shifts worked on different days are
not aggregated.
(2) In the case of a continuous empIoyment reIationship with the same empIoyer. the proportionate part
shaII be one-tweIfth of the annuaI Ieave entitIement per whoIe month of empIoyment during the same
empIoyment reIationship.

Section 102
(1) The basic Ieave period shaII be four weeks (per year).
(2) EmpIoyers who are engaged in business activities may. in a coIIective bargaining agreement or in
their internaI reguIations. extend their empIoyees' Ieave by additionaI weeks over and above the period of
Ieave pursuant to subsection (1). EmpIoyees of empIoyers who are not engaged in business activities are
entitIed to one more week of Ieave than that stated in subsection (1).
(3) By its decree. the Government can provide for an extension of Ieave under the preceding subsection in
the case of empIoyees of empIoyers who are not engaged in business activities.
(4) Leave for pedagogicaI empIoyees and academic empIoyees of universities shaII be eight weeks per
caIendar year (Note 17).
(5) When taking his annuaI Ieave. an empIoyee whose working time is unevenIy scheduIed over
individuaI weeks or the entire year (section 85) is entitIed to have so many days of Ieave as is the number
of working days per his time of Ieave. based on the annuaI average.

Section 103
Repealed

Section 104
Leave Ior Days Worked
EmpIoyees who are not entitIed to annuaI Ieave or a proportionate part of it. due to the fact that
during the caIendar year they did not work for at Ieast 60 days for the same empIoyer. are entitIed to Ieave
in respect of the days they worked in an amount equaI to one-tweIfth of the Ieave for a caIendar year for
every 22 days worked in the caIendar year in question |section 101(1)(second sentence)|.

Section 105
Supplementary Leave and Additional Leave
(1) EmpIoyees who for a whoIe caIendar year work for the same empIoyer underground. extracting
mineraIs or tunneIIing. or who for a whoIe year are engaged in particuIarIy hard (arduous) work or in work
which is harmfuI to their heaIth shaII be entitIed to suppIementary Ieave of one week. If empIoyees work
under such conditions for onIy part of the caIendar year. they shaII be entitIed to one-tweIfth of the
suppIementary Ieave for each 22 days of such work. An empIoyee who meets these criteria because he
does particuIarIy hard work. or work which is harmfuI to his heaIth. shaII have such entitIement. even
though he is entitIed to suppIementary Ieave because he works underground on the extraction of mineraIs
or tunneIIing.
(2) For the purposes of suppIementary Ieave. empIoyees carrying out particuIarIy hard (arduous) work. or
work which is harmfuI to their heaIth. shaII mean:
(a) empIoyees who work permanentIy in heaIth care estabIishments or at workpIaces where they Iook
after those suffering from a contagious form of tubercuIosis:
(b) empIoyees who work at workpIaces where there are infectious materiaIs and who are exposed to a
direct risk of infection:
(c) empIoyees who are exposed to a significant extent of the adverse effects of ionizing radiation whiIe at
work:
(d) empIoyees who for at Ieast haIf of their weekIy working time Iook after the mentaIIy sick or affIicted:
(e) empIoyees who for at Ieast haIf of their weekIy working time are either responsibIe for the upbringing
of youth under difficuIt conditions or who work as heaIth care staff in the Czech RepubIic's Prison
Service:
(I) empIoyees who work continuousIy for at Ieast a year in tropicaI areas or other areas hazardous to
heaIth: an empIoyee who has compIeted one year of continuous work in tropicaI areas or areas
hazardous to heaIth shaII aIready be entitIed to suppIementary Ieave for such year:
(g) empIoyees invoIved in particuIarIy hazardous work during which they are exposed to the harmfuI
effects of physicaI or chemicaI agents to such an extent that this may have an adverse impact on their
heaIth:
(h) empIoyees of the Czech RepubIic's Prison Service who for at Ieast haIf of their weekIy working time
are in direct contact with accused persons heId in custody or convicts.
(3) The Ministry of Labour and SociaI Affairs. acting in agreement with the Ministry of HeaIth. shaII
determine in a decree the types of work which are particuIarIy hard (arduous) or hazardous to heaIth.
aIong with the workpIaces and areas (regions) where such work is performed: at the same time. it may
determine in more detaiI the group of empIoyees who wiII be granted suppIementary Ieave. and stipuIate
the type and scope of the conditions which wiII substantiate the granting of such Ieave.
(4) EmpIoyees whose working time is scheduIed unevenIy pursuant to section 85. or other empIoyees
whose work substantiaIIy depends on weather conditions. shaII be entitIed to an additionaI two days' Ieave
(up to a maximum of one week) for every week of their (annuaI) Ieave which they take in a period of
reduced work requirements. The competent centraI authority may stipuIate in statutory provisions what is
to be considered as a period of reduced work requirements: untiI such decree is issued. a period of
reduced work requirements¨ can be defined in a higher-IeveI coIIective bargaining agreement.

Toint Provisions on Leave
Section 106
(1) A week of Ieave shaII mean seven consecutive caIendar days.
(2) The termination of an empIoyee's previous empIoyment reIationship. immediateIy foIIowed by his
taking up a new empIoyment reIationship with the same empIoyer. shaII not be regarded as an interruption
of his empIoyment reIationship.

Section 107
(1) If an empIoyee's Ieave is curtaiIed. he shaII Iose his entitIement to that part of the Ieave by which it
was curtaiIed.
(2) The Government shaII determine in a decree the conditions under which Ieave may be curtaiIed. and
by how much. in respect of unworked (missed) working time.

Section 108
(1) The time when Ieave is taken shaII be determined by the empIoyer in accordance with a scheduIe of
Ieave agreed in advance with the competent trade union organization (body). in such a manner that. as a
ruIe. an empIoyee wiII be abIe to take his entire Ieave by the end of the caIendar year. When the scheduIe
of Ieave is prepared. the tasks of the empIoyer and the justified interests of the empIoyee shaII be taken
into account. If an empIoyee is granted Ieave in severaI parts. at Ieast one of these parts must be no Iess
than two weeks Iong. unIess the empIoyer and the empIoyee agree otherwise. The empIoyer is obIiged to
inform the empIoyee of the time determined for his Ieave at Ieast a fortnight in advance: this period may
be exceptionaIIy shortened. if the competent trade union organization (body) agrees to this.
(2) The empIoyer is obIiged to reimburse an empIoyee for costs incurred by him through no fauIt of his
own because the empIoyer changes the time of his Ieave or recaIIs him from Ieave.
(3) The empIoyer may not determine the time of an empIoyee's (annuaI) Ieave so that it coincides with a
time when the empIoyee is on active miIitary duty or (aIternative) civiIian service. when he is recognized
as being temporariIy unfit to work pursuant to other statutory provisions (Note 17a). or when a femaIe
empIoyee is on maternity or parentaI Ieave. or when a maIe empIoyee is on parentaI Ieave. During times
when there are other impediments (obstacIes) to work on an empIoyee's side. the empIoyer may determine
the time of the empIoyee's Ieave onIy at his request.
(4) If a femaIe empIoyee requests that her Ieave be scheduIed so that it foIIows on immediateIy after the
end of her maternity Ieave |section 157(1)|. or if a maIe empIoyee requests that his Ieave be scheduIed so
that it foIIows on immediateIy after the end of his parentaI Ieave (such parentaI Ieave terminating no Iater
than a woman's maternity Ieave). the empIoyer shaII compIy with such request.

Section 109
(1) The empIoyer may determine the time when an empIoyee takes his Ieave. even though the empIoyee
has not yet satisfied the conditions for becoming entitIed to take Ieave. if it can be assumed that the
empIoyee wiII satisfy these conditions by the end of the caIendar year or by the time his empIoyment
reIationship terminates.
(2) If an empIoyee couId not take his Ieave during the caIendar year due to urgent operationaI reasons or
because the empIoyer did not determine a time for it. or because of impediments to work. the empIoyer
must grant the empIoyee time for Ieave so that he wiII be abIe to take aII of it by the end of the foIIowing
caIendar year at the Iatest. However. in the case of an empIoyee whose empIoyment reIationship with the
same empIoyer has Iasted for the whoIe of a caIendar year. the empIoyer shaII determine a period of at
Ieast four weeks when such empIoyee shouId take his annuaI Ieave in the caIendar year. if the empIoyee is
entitIed to such Ieave.

Section 110
(1) If during his Ieave an empIoyee begins service with the armed forces or (aIternative) civiIian service.
or if he is recognized as unfit to work due to iIIness or injury or if he is Iooking after a member of the
famiIy who is iII. his Ieave shaII be interrupted: this shaII not appIy if. at the empIoyee's request. the
empIoyer designates a period of time when the empIoyee is Iooking after a member of the famiIy who is iII
as the period of his Ieave. The period of a femaIe empIoyee's (annuaI) Ieave shaII aIso be interrupted when
she begins her maternity and parentaI Ieave. and the same shaII appIy to the period of a maIe empIoyee's
(annuaI) Ieave when he begins his parentaI Ieave.
(2) If a pubIic hoIiday faIIs on a day during an empIoyee's period of Ieave. which wouId otherwise have
been a normaI working day for him. that day is not counted as part of his Ieave. If the empIoyer gives an
empIoyee time off in Iieu for overtime work or for work done on a pubIic hoIiday. and the time off in Iieu
faIIs on a day which forms part of his Ieave. the empIoyer is obIiged to give the empIoyee such time off in
Iieu on another day.

Section 110a
If in the course of one caIendar year an empIoyee changes his empIoyment and no Iater than before
the end of the empIoyment reIationship with his empIoyer such empIoyee asks to take annuaI Ieave (partiaI
Ieave) to which his entitIement arose (in his current empIoyment) or wiII onIy arise (in his subsequent
empIoyment). either of the empIoyers concerned may grant him the Ieave (or partiaI Ieave) provided that
the empIoyers agree on reimbursement of compensatory wage for such Ieave (partiaI Ieave) to that one
granting the empIoyee the requested Ieave aIthough the empIoyee's entitIement to it did (does) not arise
during empIoyment reIationship with this empIoyer. The change of empIoyment referred to in the previous
sentence means termination of an empIoyee's empIoyment reIationship with his current empIoyer. and the
empIoyee's taking up an empIoyment reIationship. without undue deIay. with another empIoyer.

Section 110b
(1) When an empIoyee takes his Ieave. he is entitIed to a compensatory wage in the amount of his average
earnings and. if appropriate. perquisites in kind.
(2) The empIoyer shaII onIy provide the empIoyee with a compensatory wage for Ieave which he does not
take if the empIoyee is unabIe to take such Ieave. even by the end of the foIIowing caIendar year:
(a) because the empIoyer did not fix a time for him to take his Ieave. or miscaIcuIated the Iength of his
Ieave:
(b) due to impediments to work on the part of the empIoyee:
(c) due to termination of the empIoyment reIationship.
(3) In the case of Ieave (or partiaI Ieave) which an empIoyee was unabIe to take. he is entitIed to a
compensatory wage in the amount of his average earnings.
(4) The empIoyees pursuant to section 102(4) are entitIed to a compensatory wage for no more than four
weeks of Ieave which they did not take.
(5) An empIoyee is obIiged to refund a compensatory wage aIready paid for Ieave or a part thereof to
which he Iost his entitIement or to which his entitIement did not arise.
(6) A compensatory wage may not be provided for suppIementary Ieave which was not taken: such Ieave
must aIways be taken in preference to other types.

Section 110c
The Government shaII determine in a decree which period of time is considered as a period of work
performance. even though an empIoyee does not work.

CHAPTER IV
WAGES, COMPENSATORY WAGES AND REIMBLRSEMENT OF
EXPENSES

Division 1
Wages

Section 111
(1) An empIoyee is entitIed to be paid a wage or saIary for his work in accordance with other statutory
provisions (Note 34).
(2) Where this Code incIudes provisions on wages. they shaII aIso mean saIaries unIess it is expressIy
stated otherwise.
(3) A wage may not be Iower than the minimum wage. For these purposes. a wage shaII not incIude
premiums for overtime work. work in arduous and hazardous working environments. night work and work
on (pubIic) hoIidays.
(4) In a decree. the Government shaII determine the amount of the minimum wage. or the conditions
appIying to its determination and amount. as a ruIe. from the beginning of a caIendar year. taking into
account the consumer price index. A minimum wage which is higher than the amount Iaid down in the
Government decree pursuant to the first sentence may be agreed in a coIIective bargaining agreement.

Sections 112 to 118
Repealed

Section 119
Maturity oI Wages
(1) A wage shaII be payabIe. after performance of the work. no Iater than in the caIendar month foIIowing
after the month when the empIoyee's entitIement to his wage arose. unIess a shorter period than one month
was agreed in the empIoyee's empIoyment contract. another contract or the reIevant coIIective bargaining
agreement. In the case of saIaries. the maturity period cannot be agreed for Iess than one month.
(2) After consuIting the competent trade union organ (body). the empIoyer shaII determine reguIar pay-
days (for the payment of wages) within the period pursuant to subsection (1). unIess the pay-days have
aIready been agreed in the reIevant coIIective bargaining agreement.
(3) The empIoyer shaII pay an empIoyee his wage before the start of the empIoyee's (annuaI) Ieave if the
pay-day for such wage faIIs on a day during the empIoyee's Ieave. unIess the empIoyer and the empIoyee
agree otherwise. If the system used to caIcuIate wages does not aIIow this. the empIoyer shaII pay the
empIoyee an adequate advance. and the baIance of the empIoyee's wage shaII be paid to him no Iater than
the next reguIar pay-day after his Ieave.
(4) When an empIoyee's empIoyment reIationship terminates. at his request. the empIoyer shaII pay him
his wage for the previous month on the day when the empIoyee's empIoyment reIationship terminates. If
this is not possibIe because of the system used to caIcuIate wages. the empIoyer shaII pay the wage no
Iater than the next reguIar pay-day after the day when the empIoyee's empIoyment reIationship is
terminated.

Section 120
Payment oI Wages
(1) A wage shaII be paid to an empIoyee in IegaI tender (money: Note 17b). An empIoyee may onIy be
paid in kind by his empIoyer under the conditions and to the extent Iaid down in another Act (Note 17c).
(2) A wage shaII be rounded up to the next whoIe crown.
(3) Wages shaII be paid at the workpIace during working hours. unIess it is agreed otherwise in the
coIIective bargaining agreement. empIoyment contract or another contract. If. for important reasons. an
empIoyee cannot coIIect his wage. the empIoyer shaII send him his wage on the day fixed for its payment
no Iater than the next working day. at the empIoyer's expense and risk. unIess the empIoyer and the
empIoyee agree otherwise.
(4) If a wage is caIcuIated (computed) by the month. the empIoyer shaII give each empIoyee a written
document containing data about the individuaI components of his wage and the deductions made from it.
At an empIoyee's request. the empIoyer shaII Iet him inspect documents on which the caIcuIation of such
empIoyee's wage was based.
(5) An empIoyee may authorize another person in writing to coIIect his wage. Wage can onIy be paid to
an empIoyee's spouse on the basis of a written authorization. Without such written authorization. wage
may onIy be paid to a person other than the empIoyee if so determined by Iaw (Note 8).

Section 121
Deductions Irom Wages
(1) Deductions from a wage may onIy be made on the basis of an agreement on such deductions.
Otherwise. the empIoyer may deduct onIy the foIIowing from an empIoyee's wage:
(a) advance payments of personaI income tax:
(b) sociaI security insurance contributions. state empIoyment poIicy contributions and generaI heaIth
insurance contributions:
(c) advances of a wage which the empIoyee is obIiged to repay because he did not meet the conditions for
payment of such wage:
(d) amounts ordered to be paid by a court. an administrative authority or a IegaIIy-authorized agency:
(e) unaccounted-for advances of traveIIing expenses:
(I) recruitment and other bonuses paid to the empIoyee when he was recruited but which he must refund
pursuant to statutory provisions:
(g) compensatory wage paid in Iieu of (annuaI) Ieave to which the empIoyee Iost his entitIement or did not
become entitIed:
(h) excess sickness. pension and state sociaI support benefits and unIawfuIIy received sociaI security
benefits. if the empIoyee is obIiged to refund these on the basis of an enforceabIe ruIing or judgment
pursuant to other statutory provisions.
(2) Subsection (1) shaII simiIarIy appIy to deductions made from remuneration for stand-by and a
compensatory wage.
(3) The priority (order) of deductions from wages shaII be determined in a Government decree.

Section 122
Repealed

Section 123
Repealed

Division 2
Compensatory Wages in the Case oI Impediments to Work

Impediments on the Employee's Side
Section 124
Impediments due to Public Interest
(1) An empIoyer shaII grant his empIoyee time off. to the extent necessary. to enabIe him to perform a
pubIic office. civic duties or other acts in the pubIic interest. if it is not possibIe for the empIoyee to carry
out these activities outside of working hours.
(2) An empIoyee who is reIeased for the short-term performance of a pubIic office or civic duties shaII be
paid a compensatory wage by the empIoyer with whom he has an empIoyment reIationship. The
compensatory wage shaII correspond to his average earnings. An empIoyee who is reIeased Iong-term in
order to perform a pubIic office shaII receive reasonabIe remuneration from the empIoyer on whose behaIf
he was reIeased. and this shaII be deemed to be his wage: in this case the empIoyee wiII not be entitIed to a
compensatory wage from the empIoyer with whom he has an empIoyment reIationship.
(3) The Government may determine in a decree when an empIoyee who is reIeased short-term shaII be
paid a compensatory wage by the empIoyer for whom he is in fact acting at that time. or when this
empIoyer shaII reimburse a compensatory wage to the empIoyer who reIeased the empIoyee.
(4) The Ministry of Labour and SociaI Affairs shaII determine in a decree which other acts are in the
pubIic interest. and the extent of and conditions for short-term reIease and the payment of a compensatory
wage.
(5) CoIIective bargaining agreements or internaI reguIations may broaden empIoyees' entitIements to
reIease from work or compensatory wage over and above the Iimit Iaid down in the wage provisions
(reguIations) issued pursuant to subsection (4). or they may add to the cases which wiII be deemed by the
empIoyer to be acts in the pubIic interest. and determine more favourabIe conditions for granting
empIoyees time off with a compensatory wage: the compensatory wage may not. however. exceed the
IeveI of average earnings. In the case of empIoyers who do not carry on business (entrepreneuriaI) activity.
their empIoyees may onIy be granted time off without a compensatory wage or more favourabIe
conditions for time off.

Section 125
Compensatory Wages Ior Military and Civilian Service
(1) An empIoyer shaII onIy pay a compensatory wage in the amount of average earnings to an empIoyee
engaged in basic or aIternative miIitary service or civiIian service for the first two weeks of this service:
the entitIement of an empIoyee to a compensatory wage for a Ionger period may be Iaid down in a
coIIective bargaining agreement or internaI reguIations. when the empIoyer's abiIity to provide such a
compensatory wage shaII aIso be taken into account. Any compensatory wage wiII be payabIe no Iater
than three days prior to the empIoyee's commencement of miIitary service.
(2) For each shift (or working day). or a major part thereof. when an empIoyee is absent from work
without reason during the four weeks immediateIy preceding the commencement of miIitary service or
civiIian service. the empIoyer may reduce such empIoyee's compensatory wage by from one to three days:
if the empIoyee misses a shift. or a major part thereof. without reason and the compensatory wage has
aIready been paid. he is required to repay to the empIoyer an amount which corresponds to the reduction
in his compensatory wage.
(3) If an empIoyee undertakes miIitary training or other types of service in the armed forces. apart from
basic (or aIternative) miIitary service. or if he undertakes civiIian service instead of miIitary training.
during his period of service he is entitIed to a compensatory wage from the empIoyer in an amount set by
a Government decree. The compensatory wage under the preceding sentence may be increased in a
coIIective bargaining agreement or internaI reguIations: however. the compensatory wage may not exceed
average earnings.
(4) If. after compIeting one type of service in the armed forces. an empIoyee immediateIy begins to
undertake service of this or of another kind. or civiIian service. the Iater service is deemed to be
continuation of the previous service when assessing entitIement to a compensatory wage: if he undertakes
his basic (or aIternative) miIitary service in two or more parts. before starting the second or Iater part he is
entitIed to a compensatory wage for one week from the empIoyer with effect from the day set for
commencement of the second or Iater part of this service.
(5) After the end of his service in the armed forces or his civiIian service. the empIoyee is entitIed to a
wage as of the day he returns to work.
(6) In connection with an empIoyee's commencement of service in the armed forces or civiIian service.
the Government shaII determine the extent to which he can be granted time off with an entitIement to a
compensatory wage.
(7) The empIoyer shaII be reimbursed for paying a compensatory wage to an empIoyee under subsections
(1) to (4) in respect of service in the armed forces by the competent state miIitary administration authority.
and. in the case of civiIian service. by the competent state administration authority. Compensatory wages
paid by budgetary organizations. or those which. due to a coIIective bargaining agreement or internaI
reguIations. exceed the amount prescribed by statutory provisions. shaII not be reimbursed.

Section 126
Training and Studies During Employment
(1) An empIoyee's attendance of a training course or his externaI studies by which the empIoyee is to
acquire quaIifications (skiIIs) Iaid down in the statutory provisions as necessary for the performance of
work (job) agreed in his empIoyment contract shaII be considered as an impediment to work on the
empIoyee's side.
(2) An empIoyee's attendance of a training course or his externaI studies for the purpose of broadening
quaIifications for the performance of work (job) agreed in his empIoyment contract (section 141a) shaII be
considered as the performance of work for which an empIoyee is entitIed to wage.
(3) The Ministry of Labour and SociaI Affairs. acting in agreement with the Ministry of Education. Youth
and PhysicaI Education. shaII Iay down in a decree the scope of work reIiefs and materiaI (financiaI)
security wiII be provided to empIoyees studying whiIe empIoyed or participating in training (whiIe
empIoyed) pursuant to subsection (1). and possibIy aIso the amount of the compensatory wage to be paid
during this training.
(4) If the work reIiefs and the materiaI (financiaI) security provided for empIoyees participating in
training or externaI studies whiIe empIoyed |as mentioned in subsection (1)| are not reguIated by statutory
provisions. they can be reguIated in a coIIective bargaining agreement of a higher IeveI: such an agreement
may stipuIate more favourabIe conditions for empIoyees when work reIiefs and materiaI (financiaI)
security are provided than those Iaid down inn the statutory provisions. At the same time. a compensatory
wage may not exceed average earnings. and reimbursement of traveIIing expenses may not exceed the
amount pursuant to the statutory Iabour-Iaw provisions. In the case of empIoyees of empIoyers who are
not engaged in business activities. onIy empIoyees' entitIement to time off can be determined in this
manner. or reguIated in a more favourabIe manner. but not their entitIement to a compensatory wage.

Serious Personal Impediments to Work
Section 127
The empIoyer shaII excuse the absence of an empIoyee from work during a period when he is
temporariIy unfit to work under other statutory provisions (Note 17a). or undergoing treatment at a spa or
staying in a heaIth care faciIity (Note 24). or during a period of maternity and parentaI Ieave or quarantine.
or during a period when he is Iooking after a famiIy member who is iII or a chiId under ten years of age.
who for important reasons cannot be cared for by the chiIdren's faciIity or schooI which otherwise Iooks
after the chiId. or whose usuaI carer faIIs iII or is quarantined (under quarantine measures). or whose state
of heaIth is being examined or treated in a heaIth care faciIity and this couId not have been arranged
outside of the empIoyee's working time. During such period the empIoyee shaII not be entitIed to a
compensatory wage. and the empIoyee's entitIement(s) to sickness insurance benefits and state sociaI
support shaII be reguIated by other statutory provisions (Note 24).

Section 128
(1) If an empIoyee is not abIe to work for other important personaI reasons. the empIoyer shaII grant him
time off.
(2) The Government shaII determine in a decree in which cases. under what conditions and to what extent
such time off shaII be granted. and when and to what extent an empIoyee is entitIed to a compensatory
wage during this period.
(3) EmpIoyees' entitIements to time off. compensatory wages above the IeveI Iaid down in the Iabour-Iaw
provisions (reguIations) issued pursuant to subsection (2) and the circumstances under which an empIoyee
becomes entitIed to time off. and possibIy to a compensatory wage. may be extended in coIIective
bargaining agreements or internaI reguIations: a compensatory wage may not. however. exceed an
empIoyee's average earnings. EmpIoyers who are not engaged in business activity may onIy fix
entitIements to time off without a compensatory wage.

Impediments on the Employer's Side
Section 129
Idle Time and Work Interruptions Due to Adverse Weather Conditions
(1) In the event of an empIoyee not being abIe to do (perform) his work for a temporary period. due to a
breakdown of manufacturing machinery which he did not cause or in the suppIy of raw materiaIs or
energy (power). or errors in work documents or other simiIar operationaI causes (idIe time). whereupon he
is not transferred (assigned) to other work |section 37(4)(a)|. he shaII be entitIed to a compensatory wage
in the amount of 80º of his average earnings. A compensatory wage above this amount may be agreed in
a coIIective bargaining agreement or prescribed in internaI reguIations. but it may not exceed his average
earnings: this shaII aIso appIy to empIoyers not undertaking business activity.
(2) If an empIoyee cannot do (perform) his work because of an interruption of work caused by adverse
weather conditions and he is not transferred (assigned) to other work |section 37(4)(a)|. he shaII be
entitIed to a compensatory wage in the amount of 60º of his average earnings. A compensatory wage
above this amount may be agreed in a coIIective bargaining agreement or prescribed in internaI
reguIations. but it may not exceed his average earnings: this shaII aIso appIy to empIoyers not undertaking
business activity.

Section 130
Other Impediments on the Employer's Side
(1) If an empIoyee cannot do (perform) work due to impediments on the empIoyer's side other than those
stated in the preceding provisions. the empIoyer shaII pay him a compensatory wage in the amount of his
average earnings. unIess the reguIations referred to in section 131 determine another amount for the
compensatory wage.
(2) Another impediment on the empIoyer's side pursuant to subsection (1) shaII be serious operationaI
reasons as a resuIt of which the empIoyer is unabIe to assign work to his empIoyees provided that the
empIoyer specifies these reasons in a written agreement with the competent trade union organization
(body) and determines a compensatory wage. to which empIoyees wouId be entitIed in such case. in the
range of from 60º to 80º of average earnings. The agreement pursuant to the first sentence may not be
repIaced by a (uniIateraI) decision of the empIoyer.

Division 3
Reimbursement oI Expenses Incurred by Employees in Connection with
PerIormance oI their Work (Tob)

Section 131
Under the conditions and in the amount determined in another Act (Note 35). the empIoyer shaII
reimburse his empIoyees for traveIIing. moving and other expenses which they incur when carrying out
their work duties. Under the conditions and in the amount agreed in a coIIective bargaining agreement or
stipuIated in internaI reguIations. the empIoyer shaII compensate empIoyees for wear and tear of their own
tooIs. equipment and items needed for the performance of their work (job) if they use them with the
consent of the empIoyer: this provision shaII not concern a motor vehicIe used with the consent of the
empIoyer for the performance of work. The same shaII appIy to empIoyers not engaged in business
activities.

CHAPTER V
SAFETY AND THE PROTECTION OF HEALTH AT WORK

Section 132
Fundamental Provisions
(1) An empIoyer shaII ensure the safety and protect the heaIth of empIoyees at work in reIation to risks
which may pose a danger to Iife and heaIth when empIoyees are performing their work (hereafter risks¨:
in Czech rizika¨).
(2) The empIoyer's obIigation to ensure safety and protect heaIth at work shaII aIso reIate to aII persons
(individuaIs) who are present at his workpIaces with his knowIedge.
(3) At aII IeveIs of management the empIoyer's manageriaI staff shaII. as far as their duties permit. take
over the empIoyer's obIigation to ensure safety and protect heaIth at work. These tasks shaII form an equaI
and integraI part of their work duties.
(4) If empIoyees of two or more empIoyers are fuIfiIIing tasks at one and the same workpIace. their
empIoyers shaII inform each other in writing of any risks and co-operate to ensure safe and heaIthy
working. Each of the empIoyers shaII:
(a) ensure that his activities and the work of his empIoyees is organized and carried out in such a manner
that the empIoyees of the other empIoyer are aIso at the same time protected at the workpIace:
(b) co-operate in ensuring that the working environment is safe and unobjectionabIe and poses no threat
to the heaIth of any of the empIoyees at the workpIace.
(5) The cost of ensuring safety and protecting heaIth at work shaII be borne by the empIoyer.

Section 132a
Risk Prevention
(1) By organizing adequate safety and heaIth protection at work and by adopting measures to prevent
risks. the empIoyer shaII estabIish conditions whereby the working environment is safe and
unobjectionabIe and poses no danger to heaIth.
(2) Risk prevention shaII mean aII measures taken pursuant to the statutory and other provisions
(reguIations) to ensure safety and the protection of heaIth at work and other measures taken by the
empIoyer to prevent or eIiminate risks. or to minimize their effect if they cannot be eIiminated.
(3) The empIoyer shaII seek out possibIe risks. identify their causes and sources and adopt measures to
eIiminate them. For this purpose. the empIoyer shaII reguIarIy monitor the IeveI of safety and heaIth
protection at work. in particuIar the IeveI of technicaI prevention and occupationaI risk factors in working
conditions (the working environment). and compIy with the methods and procedures used to estabIish and
assess risk factors pursuant to speciaI statutory provisions (Note 24a).
(4) If risks cannot be eIiminated. the empIoyer shaII assess and adopt measures to Iimit the effect of such
risks in order to minimize the danger which they pose to the empIoyees' safety and heaIth.
(5) When adopting and impIementing technicaI. technoIogicaI. organizationaI and other risk prevention
measures. the empIoyer shaII take into consideration the foIIowing generaI preventive principIes:
(a) Iimitation of risks at source:
(b) eIimination (removaI) of risks at source:
(c) modification of working conditions to meet the needs of empIoyees with a view to Iimiting their
exposure to factors at work which wiII adverseIy affect their heaIth:
(d) repIacement of physicaIIy demanding work and work in arduous conditions by new technoIogicaI and
working methods:
(e) repIacement of dangerous technoIogies. techniques. raw materiaIs and other materiaIs by Iess
dangerous or risky forms. based on the Iatest scientific and technoIogicaI knowIedge:
(I) restriction of the number of empIoyees exposed to the maximum exposure Iimits and other harmfuI
agents to the absoIute minimum necessary to meet operating requirements:
(g) pIanning of risk prevention measures with regard to the use of technoIogy. work organization.
working conditions and sociaI reIations and the infIuence of the working environment:
(h) preferentiaI use of measures of coIIective risk prevention as against forms of individuaI risk
prevention:
(i) introduction of measures aimed at Iimiting the Ieakage of harmfuI substances from machines and
equipment to the IeveI Iaid down in speciaI statutory provisions (Note 24b):
(j) issuance of appropriate instructions for the safeguarding of safety and the protection of heaIth at work.
(6) The empIoyer shaII adopt measures to be taken in the case of extraordinary events. such as accidents
(breakdowns). fires or fIoods. and other serious dangers and the evacuation of empIoyees: when arranging
for the provision of first aid. the empIoyer shaII co-operate with the works faciIity responsibIe for
providing preventive care. The scope of measures pursuant to the first sentence shaII be Iaid down in a
government decree. Depending on the kind of his activities and the size of the workpIace. the empIoyer
shaII ensure that the number of empIoyees who are responsibIe for administering first aid. arranging for
the summoning of medicaI assistance. the firefighting brigade or the PoIice. and for organizing the
evacuation of the empIoyees. is adequate. In co-operation with the works faciIity providing preventive
care. the empIoyer shaII ensure that these empIoyees are trained and equipped for the degree of potentiaI
risk at the workpIace.
(7) The empIoyer shaII modify the measures to suit changes in the circumstances. check on their
effectiveness and observance. and ensure that working conditions are improved.

Section 132b
Expertise
(1) The empIoyer shaII take steps to prevent risks at work. In the event of the empIoyer Iacking the
necessary expertise. the empIoyer's responsibiIities in this fieId shaII be borne by an empIoyee who
possesses such expertise.
(2) Such empIoyee shaII:
(a) be at Ieast 18 years of age: and
(b) have a vocationaI education and a certain period of experience in the fieId.
(3) The empIoyer shaII co-operate with such expert empIoyee in his work of risk prevention and provide
him with the necessary means and information.
(4) The Government shaII Iay down in a decree the quaIifications necessary for expertise under subsection
(2).

Section 133
Obligations oI the Employer
(1) The empIoyer shaII:
(a) not aIIow empIoyees to do work which is beyond their abiIity or which is inappropriate to their state
of heaIth:
(b) inform each empIoyee of the cIassification of the work which he is doing: the work cIassifications are
detaiIed in other statutory provisions (Note 24c):
(c) ensure that certain work. as Iaid down in speciaI statutory provisions (Note 24c). is onIy carried out by
empIoyees who have the reIevant heaIth certificate and who have been appropriateIy vaccinated. or
have a document confirming their protection against infection:
(d) inform empIoyees of the heaIth care faciIity which wiII provide them with occupationaI preventive
care and which types of vaccinations they are required to have. and of the preventive medicaI
examinations that they must undergo in connection with the performance of their work. and enabIe
them to be vaccinated and to undergo the preventive medicaI examinations and speciaI preventive
medicaI examinations to the extent prescribed by the speciaI statutory provisions (Note 24c) or in a
ruIing (decision) of the competent hygiene service agency:
(e) provide for the empIoyees training on the statutory and other reguIations reIating to the safeguarding
of safety and protection of heaIth at work. which wiII compIement their quaIifications and the
requirements for the performance of tasks reIated to their work and workpIace: the empIoyer shaII
reguIarIy check the empIoyees' knowIedge of such statutory reguIations and consistentIy require and
monitor their observance:
(I) at appropriate intervaIs provide empIoyees. especiaIIy those on fixed-term empIoyment contracts and
adoIescents. as weII as their Iegitimate representatives. with adequate information about safety and the
protection of heaIth at work. especiaIIy by acquainting them with possibIe risks. the assessment of
such risks and the preventive measures taken against their effects as these reIate to the empIoyees'
work and workpIace. Pregnant and breastfeeding women and mothers (untiI the end of the ninth
month after giving birth) shaII be further famiIiarized with the risks and their possibIe effects on
pregnancy or breastfeeding and the necessary steps taken. incIuding steps reIated to the reduction of
mentaI and physicaI tiredness and other kinds of physicaI and mentaI stress associated with the work
done. and this for the whoIe time when it is necessary to safeguard their safety and protect their
heaIth. Information and instructions shaII be provided especiaIIy at the time when empIoyees are
recruited. assigned or transferred or when their working conditions or the working environment are
modified. or when means of working. technoIogies and work procedures are newIy introduced or
modified:
(g) aIIow empIoyees to inspect records kept (by the empIoyer) in connection with safeguarding of their
safety and the protection of their heaIth at work:
(h) ensure that first aid is avaiIabIe to empIoyees:
(i) not use a method of remuneration which wouId increase the risk of empIoyees being injured at work
and the appIication of which wouId Iead to an increase of output at the expense of empIoyees' safety
and heaIth:
(j) ensure compIiance with the prohibition of smoking at the workpIaces Iaid down in speciaI statutory
reguIations (Note 24d).
The empIoyer shaII keep records of such training. information and instructions.
(2) The empIoyer shaII provide rest areas at the workpIace for pregnant and breastfeeding women.
(3) The empIoyer shaII ensure that the necessary technicaI and organizationaI steps are taken. at his own
expense. to adapt working conditions and the workpIace to the needs of disabIed empIoyees. and to set up
protected workshops and provide training or induction for them. and to deveIop the skiIIs they need to
perform their reguIar empIoyment.

Section 133a
Personal Working Protection Aids, Working Clothes and Footwear, Washing Agents, Detergents,
DisinIectants and Protective Beverages
(1) If risks at work cannot be eIiminated or sufficientIy Iimited by technicaI means or by the
reorganization of work. the empIoyer shaII provide his empIoyees with personaI working protection aids
(in Czech osobní ochranné pracovní prost edky¨). These shaII mean aids (means) which protect
empIoyees against risks. pose no danger to their heaIth. do not interfere with their work. and which
compIy with the requirements Iaid down in the impIementing statutory provisions (Note 24e).
(2) In a working environment where cIothing or footwear is subject to unusuaI wear-and-tear or soiIing.
the empIoyer shaII aIso provide his empIoyees with working cIothes or footwear as personaI working
protection aids.
(3) The empIoyer shaII provide his empIoyees with washing agents. detergents and disinfectants. based on
an assessment of the degree of dirtiness their work entaiIs and their exposure to irritation agents
(compounds) and. in the case of empIoyees working at workpIaces with unsatisfactory microcIimatic
conditions. aIso with protective beverages to the extent and under the conditions Iaid down in speciaI
statutory provisions (Note 24f).
(4) The empIoyer shaII keep personaI working protection aids in a usabIe condition and monitor their use.
(5) PersonaI working protection aids. washing agents. detergents. disinfectants and protective beverages
shaII be suppIied free of charge by the empIoyer to empIoyees according to a Iist drawn up on the basis of
an assessment of risks and specific conditions. The empIoyer may not require financiaI compensation for
the suppIy of personaI working protection aids.
(6) The Government shaII Iay down in a decree the scope and detaiIed conditions for the suppIy of
personaI working protection aids. washing agents. detergents. disinfectants and protective beverages.

Section 133b
SaIety Notices and Signs
(1) Where risks which pose a threat to empIoyees' Iives and heaIth cannot be eIiminated or sufficientIy
Iimited by technicaI means or by the reorganization of work. the empIoyer shaII post safety notices and
signs providing information or instructions on safety and the protection of heaIth at work and famiIiarize
empIoyees with them. Safety notices and signs may be pictoriaI. sonic or iIIuminated.
(2) The Government shaII stipuIate in a decree requirements for the visuaI appearance and the Iocation of
safety notices and signs.

Section 133c
Employer's Obligations Regarding Injuries at Work and Occupational Diseases
(1) The empIoyer shaII investigate the causes and circumstances of an injury at work in the presence of
the empIoyee concerned. provided that his state of heaIth aIIows this. and with the participation of the
competent trade union organization (body) or the heaIth and safety representative: untiI such investigation.
the empIoyer shaII not without serious reasons change the conditions at the pIace of the injury.
(2) The empIoyer shaII record and keep on fiIe documents reIating to aII injuries (personaI accidents) at
work which resuIt in:
(a) an injury to an empIoyee which incapacitates him for more than three caIendar days:
(b) an empIoyee's death.
One copy of a record of an injury at work shaII be given to the injured empIoyee. and if such injury causes
an empIoyee's death. to his famiIy members.
(3) The empIoyer shaII record in his book of injuries aII injuries at work. even when no incapacity to work
was caused or the incapacity did not Iast for more than three caIendar days.
(4) The empIoyer shaII report an injury at work and send a copy of the record of such injury to aII the
determined bodies (organs) and institutions.
(5) The empIoyer shaII take steps to prevent the recurrence of injuries at work.
(6) The empIoyer shaII keep records of aII empIoyees suffering from an occupationaI disease which
originated at the empIoyer's workpIaces and ensure that working conditions which give rise to the danger
of occupationaI diseases or have caused an occupationaI disease are eIiminated.
(7) The Government shaII Iay down in a decree the method of keeping records on fiIe. reporting and
sending records of injuries. a specimen record showing the detaiIs required. and a Iist of bodies (organs)
and institutions to which an injury at work is to be reported and a copy of the record is to be sent.

Section 134
Workplaces and the Working Environment
The empIoyer shaII ensure that the Iayout and constructionaI aspects of the workpIace and its
faciIities (equipment) provide empIoyees with working conditions which with regard to safety. hygiene
and the protection of heaIth at work compIy with the safety requirements and hygiene parameters for the
working environment and workpIaces. in particuIar by ensuring that:
(a) workpIaces. corridors. staircases and other routes are of the required dimensions and prescribed
surface and equipped for the activities which are carried out there:
(b) workpIaces are properIy Iit. where possibIe by dayIight. and have the prescribed microcIimatic
conditions. especiaIIy in terms of the voIume of air. ventiIation. humidity. temperature and water
suppIy:
(c) sanitary faciIities. changing rooms and spaces for the storing of empIoyees' personaI possessions.
restrooms and catering faciIities are of the prescribed dimensions and finish and equipped in the
prescribed manner:
(d) emergency exits and traffic routes Ieading to them are kept free:
(e) the spaces pursuant to Ietters (a) to (d) are reguIarIy maintained. kept tidy and cIeaned:
(I) workpIaces are equipped to provide first aid and to enabIe the summoning of the emergency medicaI
service on the scaIe agreed with the competent faciIity providing preventive medicaI care.

Section 134a
Production and Working Equipment and Machinery
(1) The empIoyer shaII ensure that machinery. technicaI equipment. vehicIes. instruments and tooIs are
suitabIe for the work for which they are going to be used from the standpoint of safety and the protection
of heaIth at work. Machinery. technicaI equipment. means of transport. instruments and tooIs must be:
(a) equipped with devices which protect the empIoyees' Iives and heaIth:
(b) equipped or modified in such a manner that they do not expose the empIoyees to uncomfortabIe
working positions and the undesirabIe effects of noise and vibrations:
(c) reguIarIy and properIy maintained. checked and reviewed.
(2) The Government shaII determine in a decree detaiIed requirements for the safe operation and use of
machines. technicaI equipment. means of transport. instruments and tooIs.

Section 134b
Special Expertise (Special Vocational Capabilities)
(1) TechnicaI equipment which represents an increased danger to the Iives and heaIth of empIoyees may
onIy be operated by empIoyees who are medicaIIy fit and have the necessary expertise (speciaI vocationaI
skiIIs).
(2) Activities which pose an increased danger to the Iives and heaIth of empIoyees may onIy be
performed by empIoyees who are medicaIIy fit and have the necessary expertise (speciaI vocationaI skiIIs).
(3) A prerequisite for the expertise pursuant to subsections (1) and (2) shaII be that empIoyees have been
recognized as medicaIIy fit by the competent occupationaI heaIth care faciIity. and further that they have:
(a) reached the age Iimit prescribed by speciaI statutory provisions (Note 24g):
(b) undergone vocationaI education and have the required period of vocationaI experience.
(4) The Government shaII determine in a decree which technicaI equipment and which activities are
considered to pose an increased danger to Iife and heaIth. and stipuIate the detaiIed prerequisites for the
expertise (speciaI vocationaI skiIIs) of empIoyees pursuant to subsections (1) to (3).

Section 134c
Risk Factors in Working Conditions and Controlled Areas (Workstations)
(1) If there are risk factors at an empIoyer's workpIaces. the empIoyer shaII estabIish and monitor the IeveI
of these by measuring them and ensuring that they are excIuded or at Ieast Iimited to the minimum
reasonabIe IeveI: the empIoyer shaII proceed pursuant to the speciaI statutory provisions when
estabIishing. assessing and adopting measures to ensure that the maximum permitted Iimits appIying to
such factors are observed. Risk factors shaII in particuIar be physicaI factors (noise and vibrations).
chemicaI factors (carcinogens). bioIogicaI agents (viruses. bacteria and mouId) and adverse microcIimatic
conditions (extreme coId. heat and humidity). Where it is not feasibIe to excIude bioIogicaI agents and the
exceeding of the maximum permissibIe Iimits with regard to risk factors. the empIoyer shaII reduce their
effects by technicaI. technoIogicaI and other measures. such as the modification of working conditions and
the period of work performance. the estabIishment of controIIed areas (workstations). the use of suitabIe
working protection aids or the provision of protective beverages.
(2) If there are bioIogicaI agents present. or if the monitoring of risk factors shows that the maximum
permissibIe Iimits have been exceeded. the empIoyer shaII estabIish the reasons for this. and if the
presence of bioIogicaI agents cannot be eIiminated. or the vaIues of risk factors cannot be reduced beIow
the fixed maximum permissibIe IeveI and the risk to empIoyees eIiminated. the empIoyer shaII proceed
pursuant to section 133a(1). At the same time the empIoyer must inform his empIoyees accordingIy
without deIay. If the empIoyees cannot be protected by measures pursuant to subsection (1). or measures
pursuant to speciaI statutory provisions (Note 24h). the empIoyer shaII take the source of the risk factor
out of operation and. if this is not possibIe. suspend the work concerned.
(3) The empIoyer shaII ensure that aII work invoIving asbestos. chemicaI carcinogens and bioIogicaI
agents. and any work processes invoIving the risk of chemicaI carcinogens. is carried out in controIIed
areas (at controIIed workstations) which shaII be designated and made inaccessibIe to aII empIoyees other
than those who work there or who carry out repairs. maintenance. tests. checks. inspections or supervision
in the controIIed area (workstation). The empIoyer shaII aIso incIude other work in controIIed areas
(workstations) according to the degree of occurrence of risk factors.
(4) The empIoyer shaII keep records of controIIed areas (workstations) and empIoyees who enter these
areas or who do work there pursuant to subsection (3). and these shaII be kept for the period Iaid down in
speciaI statutory provisions (Note 24c). The records shaII contain:
(a) the empIoyee's fuII name and personaI number:
(b) the name of the controIIed area (workstation). and the date of its estabIishing (opening) and cIosing it
down (i.e. terminating its operation):
(c) a description of the work undertaken:
(d) the purpose of entry and period of stay in the controIIed area (workstation):
(e) the number of shifts worked there:
(I) the types of preventive medicaI examinations which the empIoyee underwent and detaiIs of work-
reIated speciaI vaccinations:
(g) data on the resuIts of monitoring of the effects caused by risk factors to his organism:
(h) a Iist of dangerous chemicaI substances and compounds used in the controIIed area (at the controIIed
workstation):
(i) a record of any unusuaI situations and changes in the information stated in the records. together with
the date of their occurrence.
(5) Eating. drinking and smoking in any controIIed area shaII be prohibited: the empIoyer shaII determine
speciaI areas for these purposes. OnIy persons provided with the personaI protective working aids
specified for work in the controIIed area (workstation) may enter it.
(6) The foIIowing persons may not work in controIIed areas: adoIescents (even during their vocationaI
training). pregnant and breastfeeding women. and mothers untiI the end of the ninth month after giving
birth to a chiId.
(7) The Government shaII identify in a decree risk factors in working conditions. their cIassification.
hygiene Iimits. the manner of monitoring and assessing risk factors and the minimum measures to be taken
for the protection of empIoyees' heaIth.

Section 134d
Prohibition on Certain Work
It shaII be prohibited to work with 2-naphtyIamine and its saIts. 4-aminobiphenyI and its saIts.
benzidine and its saIts. 4-nitrodiphenyI. asbestos and poIychIorinated biphenyIs. except for mono- and
dichIorinated biphenyIs. and with preparations containing more than 0.1º of 2-naphtyIamine and its saIts.
4-aminobiphenyI and its saIts. benzidine and its saIts or 4-nitrodiphenyI. or more than 0.005º of
poIychIorinated biphenyIs. The prohibition on such work shaII not appIy to work reIating to Iaboratory
research. anaIyticaI work. the disposaI of useIess stocks. waste and equipment containing these substances
and preparations and the disposaI of these compounds when they originate as an undesirabIe by-product
when processing another substance or preparation.

Section 134e
Organization oI Work and Working Procedures
(1) The empIoyer shaII organize work and determine working procedures so that the principIes of safe
conduct at the workpIace are compIied with. and empIoyees:
(a) do not. in particuIar. carry out monotonous work having one particuIar effect on their bodies: if this is
unavoidabIe. the working procedure must be interrupted by safety (rest) breaks which shaII be
regarded as the performance of work: in the case specified in speciaI statutory provisions (Note 24i).
the performance of such work during working time must be restricted to a specific period of time. and
records kept of when this work is performed and the Iength of the safety breaks:
(b) are not endangered by faIIing or sIiding objects or materiaIs:
(c) are protected against a faII (sIiding):
(d) are not endangered by traffic (means of transport) at workpIaces:
(e) do not work aIone at workpIaces where there is increased risk without being in the view of another
empIoyee. unIess their protection is ensured by the empIoyer in another manner:
(I) do not handIe Ioads manuaIIy which might be damaging to their heaIth. in particuIar the spine (Note
24j).
(2) In a decree the Government shaII specify the method of organizing work and working procedures
which the empIoyer must ensure.

Section 135
Employees' Rights and Obligations
(1) EmpIoyees shaII have a right to have their safety safeguarded and their heaIth protected at work. to
information on the risks which their work entaiIs and to information about measures taken to protect them
against the effects of such risks.
(2) EmpIoyees shaII have the right to refuse to do work which they reasonabIy consider as posing direct
and significant threat to their Iives or heaIth. or the Iives or heaIth of other persons: such a refusaI cannot
be regarded as an empIoyee's non-performance of his obIigation (his duty).
(3) EmpIoyees shaII have the right and duty (obIigation) to contribute to the creation of a heaIthy and safe
working environment. in particuIar by impIementing the measures which are specified (in provisions) or
which are adopted by the empIoyer. and by their participation in the soIution of issues reIating to safety
and protection of heaIth at work.
(4) Every empIoyee shaII take aII possibIe care of his own safety and heaIth. and the safety and heaIth of
other persons on whom his conduct or negIigence at work has an immediate effect. A knowIedge of the
reguIations (provisions) and the empIoyer's requirements concerning safety and protection of heaIth at
work shaII form an integraI and permanent part of each empIoyee's skiIIs. The empIoyee shaII in
particuIar:
(a) take part in training organized by his empIoyer in the interest of safety and the protection of heaIth at
work and have his knowIedge checked:
(b) undergo the medicaI checks. vaccinations. examinations and diagnostic tests prescribed by speciaI
statutory provisions (Note 24c):
(c) compIy with the statutory and other reguIations and the empIoyer's instructions concerning safety and
the protection of heaIth at work. with which he was famiIiarized. and foIIow the principIes of safe
conduct at the workpIace and information provided by the empIoyer:
(d) compIy with the determined working procedures. use the prescribed working equipment (means of
work). vehicIes. personaI protective working aids and protective equipment and not deIiberateIy aIter
and put them out of use:
(e) not consume aIcohoIic drinks or use addictive substances (Note 24k) at the empIoyer's workpIaces. or
during his working time when working away from such workpIaces. enter the empIoyer's workpIaces
whiIe under their infIuence. or smoke at workpIaces where there are aIso non-smokers. The ban on
consuming aIcohoIic beverages shaII not appIy to empIoyees working in high temperatures. provided
that they consume beer with a reduced content of aIcohoI. or to empIoyees whose consumption of
aIcohoIic beverages is an integraI part of their work or usuaIIy associated with their work:
(I) inform his superior of any irreguIarities and defects at his workpIace which might endanger safety or
heaIth at work. and. as far as is possibIe. heIp to rectify them: immediateIy inform his superior of any
industriaI injury (i.e. injury at work) he has sustained. if his condition aIIows this. and of any injury at
work sustained by another person if he witnessed it. and heIp to estabIish its causes:
(g) take a test. if ordered to do so by the competent superior as specified in the work code. for the purpose
of estabIishing whether he is under the infIuence of aIcohoI or other addictive substances.
(5) The provisions of subsections (1) to (4) shaII simiIarIy appIy to persons who are at the empIoyer's
workpIaces with his knowIedge.

Section 136
Inspection by Trade Lnion Bodies
(1) Trade union organizations (organs. bodies) shaII have the right to inspect the state of safety and heaIth
protection at work at the premises of individuaI empIoyers: they shaII in particuIar be entitIed:
(a) to check how empIoyers are fuIfiIIing their obIigations with regard to safety and the protection of
heaIth at work and whether they are systematicaIIy creating working conditions which are safe and not
hazardous to heaIth. reguIarIy inspect workpIaces and faciIities for empIoyees. and check on the
empIoyers' suppIy of personaI protection working aids:
(b) to check whether empIoyers are properIy investigating injuries at work (industriaI injuries) and
heIping to estabIish the causes of such injuries and occupationaI diseases. or even to investigate these
themseIves:
(c) to require that the empIoyer. in a binding instruction. rectifies fauIts in the operation of machinery and
equipment and in working procedures and. if there is a direct threat to the Iife or heaIth of empIoyees.
to forbid further work:
(d) to prohibit overtime working and night work which endangers the safety and the protection of heaIth
of the empIoyees:
(e) to participate in negotiations (discussions) on issues of safety and the protection of heaIth at work.
(2) Trade union organizations (bodies) shaII notify the competent speciaIized state supervisory authority.
without deIay. of any measures taken under the preceding subsection. Ietter (c) or (d). If an empIoyer so
requests. the competent speciaIized state supervisory authority shaII review the trade union's measures:
untiI it makes a decision. the trade union's measures shaII appIy.
(3) The State shaII reimburse the cost of performance of supervision concerning safety and the protection
of heaIth at work.

Section 136a
Employees' Participation in the Solution oI Issues Relating to SaIety and the Protection oI Health at
Work
(1) EmpIoyees shaII take part in the soIution of issues reIating to safety and heaIth protection at work
through their trade union organizations (bodies) or their heaIth and safety representatives (section 18).
(2) The empIoyer shaII aIIow the competent trade union organizations (organs. bodies) or heaIth and
safety representatives. or his empIoyees directIy. to participate in discussions on safety and the protection
of heaIth at work. or provide them with information about any such discussions. The empIoyer shaII
inform them in particuIar about:
(a) the assessment of risks and the adoption and impIementation of measures to reduce the effects of such
risks:
(b) organization of training and instructions concerning safety and heaIth protection at work:
(c) the names of empIoyees responsibIe for organizing first aid and summoning medicaI assistance.
firefighters and the PoIice and for organizing the evacuation of empIoyees:
(d) the choice of a specific medicaI faciIity to provide occupationaI heaIth care:
(e) the choice of empIoyees to provide expertise in risk prevention (section 132b):
(I) any other matter which can have a substantiaI bearing on safety and protection of heaIth at work.
The empIoyers shaII Iisten to aII information. comments and proposed measures (presented by his
empIoyees or their representatives).
(3) The competent trade union organization (organ. body) or heaIth and safety representative or the
empIoyees shaII co-operate with the empIoyer and empIoyees who have speciaI expertise in deaIing with
risk prevention so that the empIoyer can ensure safe. unobjectionabIe and non-hazardous working
conditions and meet aII the obIigations prescribed by speciaI statutory provisions and measures taken by
the centraI authorities concerned with supervision of safety and protection of heaIth at work pursuant to
other statutory provisions (Note 24I).
(4) The empIoyer shaII organize at Ieast once a year checks on safety and the protection of heaIth at work
at aII his workpIaces and faciIities. acting thereby in agreement with the competent trade union
organization (body) or the empIoyees' heaIth and safety representatives. and rectify any ascertained
irreguIarities.
(5) The empIoyer shaII provide training for the competent trade union bodies (organs) and heaIth and
safety representatives so that they can properIy perform their function. and he shaII aIso make avaiIabIe to
them the statutory provisions and other reguIations on safety and the protection of heaIth at work. together
with documents on:
(a) the seeking out and assessment of risks. measures taken to eIiminate risks and to reduce their effects
on empIoyees. and the suitabIe organization of empIoyees' safety and protection of heaIth at work:
(b) records and reports of injuries at work (industriaI injuries) and recognized occupationaI diseases:
(c) inspections carried out and measures taken by speciaIist authorities concerned with safety and
protection of heaIth at work pursuant to other speciaI provisions (Note 24I).
(6) The empIoyer shaII aIIow the competent trade union organizations (organs. bodies) and heaIth and
safety representatives to make comments when inspections are carried out by speciaIized agencies
concerned with the supervision of safety and protection of heaIth at work pursuant to speciaI statutory
provisions (Note 24I).

Section 137
The provisions of Part Two. Chapter V. shaII appIy. as appropriate. to:
(a) empIoyers who are individuaIs and who aIso work themseIves:
(b) individuaIs who run a business pursuant to other statutory provisions (Note 37) and do not empIoy
others:
(c) spouses or chiIdren of one of the persons referred to in Ietters (a) or (b) who work with that person.

Section 138
Specialized Supervision by the State
SpeciaIized state supervision of safety and the protection of heaIth at work shaII be reguIated by
speciaI provisions (reguIations).

CHAPTER VI
CARE OF EMPLOYEES

Division 1
Employees' Working and Living Conditions and Development oI Their Skills

Section 139
(1) EmpIoyers shaII create working conditions which enabIe the safe performance of work. eIiminate
risky and exhausting work. and estabIish. maintain and improve faciIities for empIoyees. incIuding the
appearance and design of workpIaces.
(2) EmpIoyers shaII estabIish. operate and maintain heaIth faciIities according to the extent and conditions
prescribed in statutory provisions.

Section 140
(1) EmpIoyers shaII enabIe empIoyees on aII shifts to obtain meaIs: they do not have this duty towards
empIoyees whom they send out to work away (e.g. on business trips).
(2) DetaiIs of empIoyees (and former empIoyees) who wiII be provided with meaIs may be agreed in the
coIIective bargaining agreement or set out in internaI reguIations. as may be the empIoyer's organization of
these meaIs and the manner in which he provides and finances them. unIess these issues are reguIated
generaIIy or for a certain group of empIoyers by a speciaI reguIation. The same shaII aIso appIy to
empIoyers who are not engaged in business activities. Statutory tax provisions remain thereby unaffected
(Note 38).

Employees' Skills and their Improvement
Section 141
Repealed

Section 141a
An empIoyee shaII systematicaIIy extend the skiIIs (quaIifications) needed for performance of the
work agreed upon in his empIoyment contract: maintaining and refreshing an empIoyee's skiIIs
(quaIifications) shaII aIso be understood as extending them. The empIoyer is entitIed to require his
empIoyee to attend training which extends his skiIIs (quaIifications).

Section 142
(1) The empIoyer shaII ensure that an empIoyee who enters into an empIoyment reIationship without
skiIIs (quaIifications) obtains them through an induction course or initiaI training. After such empIoyee has
compIeted his induction course or initiaI training. he shaII receive a certificate from his empIoyer.
(2) The empIoyer shaII aIso arrange for an empIoyee to take part in an induction course or initiaI training
if the empIoyee transfers to a new workpIace. a new type of work or a new method of work. especiaIIy
when this is necessary due to changes in work organization or other rationaIization measures.

Section 142a
Repealed

Section 142b
(1) The empIoyer may provide an empIoyee with reIief from work and materiaI (financiaI) security in
accordance with section 126(3) if the assumed improvement in his skiIIs (quaIifications) corresponds to
the empIoyer's needs: obtaining or extending skiIIs (quaIifications) shaII aIso be understood as improving
them.
(2) The empIoyer shaII monitor the course and resuIts of an empIoyee's improvement of his skiIIs
(quaIifications): the empIoyer may stop providing reIief from work and materiaI security if:
(a) the empIoyee has become unfit to do the work for which his skiIIs are being improved: in such a case.
the empIoyer may provide the empIoyee with time off without a compensatory wage:
(c) an empIoyee. through no fauIt of the empIoyer. does not. without good reasons and for a Iong period.
fuIfiI substantiaI duties when improving his skiIIs (quaIifications).

Section 143
(1) An empIoyer may concIude an agreement with an empIoyee whereby the empIoyer agrees to enabIe
the empIoyee to improve his skiIIs (quaIifications) by granting him reIief from work and materiaI
(financiaI) security and the empIoyee undertakes to improve his skiIIs and remain with the empIoyer in an
empIoyment reIationship for a period of time not exceeding five years. or to reimburse the empIoyer for
the cost of improving his skiIIs. even when the empIoyee severs his empIoyment reIationship before
compIeting the improvement of his skiIIs. Such an agreement cannot be reached if it invoIves extending
skiIIs for work agreed in an empIoyment contract under which the empIoyee aIready had an obIigation to
extend his skiIIs (section 141a).
(2) An empIoyer may aIso concIude an agreement with an empIoyee pursuant to the preceding subsection
when the empIoyee is extending his skiIIs. if the expected cost reaches at Ieast CZK 100.000: however. in
such a case. the extension of skiIIs cannot be ordered.
(3) The agreement must be concIuded in writing and incIude the foIIowing detaiIs:
(a) the type of skiIIs (quaIifications) and the manner of improving them:
(b) the period of time during which the empIoyee commits himseIf to remaining in an empIoyment
reIationship with the empIoyer:
(c) the type of expenses which the empIoyee is obIiged to reimburse to the empIoyer. if he does not meet
his obIigation to remain in an empIoyment reIationship with the empIoyer:
(d) the maximum amount which the empIoyee is obIiged to reimburse:
otherwise the agreement is void.
(4) The time for which an empIoyee is to remain in an empIoyment reIationship shaII not incIude a period
of basic (or substitute) miIitary service. or civiIian service performed instead of this. or a period of
parentaI Ieave which is of the same Iength as the parentaI Ieave to which the mother of the chiId is entitIed
(section 158). If absences from work whiIe serving an unconditionaI prison term or whiIe in custody are
based on a finaI (enforceabIe) sentence. they shaII simiIarIy not be incIuded in the period of time for which
the empIoyee is to remain in an empIoyment reIationship with the empIoyer.
(5) If the empIoyee onIy partIy fuIfiIs his obIigation to remain in an empIoyment reIationship with the
empIoyer. his obIigation to reimburse costs shaII be proportionateIy reduced.
(6) If the empIoyee severs his empIoyment reIationship whiIe he continues to have the obIigation pursuant
to subsection (1) and he enters into an empIoyment reIationship with another empIoyer. that empIoyer. as
weII as each subsequent empIoyer for whom the empIoyee starts to work. shaII assume responsibiIity for
reimbursing aII or part of the expenses reIated to the improvement of the empIoyee's skiIIs. if the
empIoyee commits himseIf to remain in an empIoyment reIationship with that empIoyer for the
appropriate period of time. or to reimburse the corresponding part of the costs which the empIoyer paid on
his behaIf: subsection (2) shaII aIso appIy to this case.
(7) An empIoyee's obIigation to reimburse expenses shaII not arise. if:
(a) whiIe improving his skiIIs (quaIifications). the empIoyer ceases to provide him with materiaI
(financiaI) security because for a Iong period of time and through no fauIt of his own. the empIoyee
became unfit to perform the work for which he was improving his skiIIs:
(b) his empIoyment reIationship is terminated by notice served by the empIoyer. unIess it concerned notice
served on grounds for which an empIoyment reIationship may be immediateIy terminated. or on
grounds of a serious breach of work discipIine. or by agreement on the grounds pursuant to section
46(1)(a) to (c):
(c) in the opinion of a medicaI expert or according to a ruIing of the heaIth authority or sociaI security
authority. the empIoyee is unfit to perform the work for which he was improving his skiIIs. or he
suffers from a Iong-term inabiIity to further perform his previous work. for the reasons stated in
section 46(1)(d):
(d) for at Ieast six of the preceding 12 months. the empIoyer does not make use of the skiIIs which the
empIoyee has improved.
(8) The coIIective bargaining agreement or internaI reguIations may define other cases when the
empIoyee is not obIiged to reimburse the cost: the coIIective bargaining agreement or internaI reguIations
appIicabIe when the agreement pursuant to subsection (1) was concIuded shaII thereby be decisive. This
shaII aIso appIy to empIoyers who are not engaged in business activities.

Section 144
EmpIoyers shaII ensure that. when they empIoy graduates of secondary and university-IeveI schooIs.
these graduates wiII acquire adequate vocationaI practicaI experience and knowIedge necessary for good
and reIiabIe performance of their work and for further vocationaI deveIopment.

Section 145
Lockers and Vehicle Sheds
The empIoyer shaII provide Iockers (space) for outer garments and personaI effects which empIoyees
usuaIIy bring to work and vehicIe sheds for empIoyees who traveI to and from work using their own
transportation: for these purposes. a car shaII not be considered as a usuaI means of transportation for
traveIIing to and from work. The empIoyer shaII aIso have this obIigation towards aII other persons if they
are rendering a service for the empIoyer at his workpIace.

Division 2
Incapacity and Retirement BeneIits, and Employment aIter Returning to Work

Section 146
Benefits for empIoyees who are unfit (or unabIe) to work as the resuIt of iIIness. injury. pregnancy or
motherhood are reguIated by the statutory provisions on sickness insurance. whereas their benefits when
they are disabIed and of retirement age are reguIated by the statutory provisions on sociaI security:
preventive care and medicaI treatment for empIoyees are reguIated by the statutory provisions on heaIth
care.

Section 147
If an empIoyee returns to work after hoIding pubIic office or a trade union post. or after a training
course or compIetion of service in the armed forces (except for basic miIitary service or civiIian service).
or. in the case of a femaIe empIoyee. after the end of her maternity Ieave |section 157(1)|. or if a (maIe)
empIoyee returns to work after the end of parentaI Ieave which was of the same Iength as the period to
which otherwise a woman (the mother) is entitIed. or if an empIoyee returns to work after a period of
temporary inabiIity to work or quarantine. the empIoyer shaII empIoy him in his originaI job and
workpIace. If this is not possibIe because the type of work has been discontinued or the workpIace has
been cIosed down. the empIoyer must empIoy him in another type of work corresponding to his
empIoyment contract.

Section 148
(1) EmpIoyers shaII empIoy disabIed empIoyees in suitabIe jobs (positions) and enabIe them. through
practicaI training or studies. to obtain the necessary skiIIs. and improve them. In addition. empIoyers shaII
create conditions which aIIow such empIoyees to work as extensiveIy and permanentIy as possibIe. and
improve workpIace faciIities so that these empIoyees can achieve the same work resuIts as other
empIoyees. and do everything possibIe to faciIitate their work.
(2) Protective workshops (workstations) shaII be reserved or estabIished at the workpIaces of certain
empIoyers for disabIed empIoyees who cannot be empIoyed under the usuaI conditions. and where these
empIoyees wiII have an opportunity of acquiring the necessary skiIIs.
(3) The duty of empIoyers to empIoy disabIed (handicapped) empIoyees. pursuant to the preceding
subsections. shaII be governed in more detaiI by speciaI provisions.

Section 148a
Repealed


CHAPTER VII
WORKING CONDITIONS FOR WOMEN AND ADOLESCENTS

Division 1
Working Conditions Ior Women

Section 149
EmpIoyers shaII estabIish. maintain and improve hygienic and other faciIities for women.

Section 150
Prohibition on Certain Types oI Work
(1) Women may not be empIoyed on work performed underground to extract mineraIs or bore tunneIs and
gaIIeries. except for women who:
(a) work in positions of responsibiIity or management positions which do not invoIve manuaI work:
(b) work in heaIth care and sociaI services:
(c) are gaining operationaI experience as part of their studies:
(d) perform non-manuaI work which must be occasionaIIy done underground. especiaIIy in occupations
reIated to supervision. inspection or studies.
(2) Women may not be empIoyed in work which is physicaIIy inadequate or which is harmfuI to their
bodies. especiaIIy work which endangers their maternaI roIe. The Ministry of HeaIth shaII determine in a
decree the types of work and workpIaces from which women who are breastfeeding. pregnant women and
mothers (untiI the end of the ninth month after giving birth) are prohibited.
(3) Pregnant women may not be empIoyed in work. which according to medicaI opinion. endangers their
pregnancy for heaIth-reIated naturaI reasons. The same shaII appIy to breastfeeding women and mothers
untiI the end of the ninth month after they have given birth.

Sections 151 and 152
Repealed

Division 2
Working Conditions Ior Pregnant Women and Mothers

Section 153
TransIer to Other Work (Tob)
(1) If a pregnant woman does work which pregnant women are prohibited from doing or which.
according to medicaI opinion. endangers her pregnancy. the empIoyer shaII transfer her temporariIy to
other more suitabIe work (job) which wiII aIIow her to maintain the IeveI of her previous earnings. If a
pregnant woman on night work requests transfer to day work. the empIoyer shaII compIy with her request.
(2) The provision of the preceding subsection shaII simiIarIy appIy to mothers untiI the end of the ninth
month after they give birth and to breastfeeding women.
(3) If. through no fauIt of her own. a woman earns Iess in the work (job) to which she is transferred than
she earned previousIy. she shaII be provided with a differentiaI benefit (income support) in accordance
with the statutory provisions on sickness insurance.

Section 154
Business Trips (Working Away) and TransIers to Other Locations
(1) Pregnant women and women Iooking after chiIdren up to the age of eight years may onIy be sent to
work outside the IocaIity of their workpIace or residence with their consent: their empIoyers may onIy
transfer them to another Iocation at their own request.
(2) The provision of the preceding subsection shaII aIso appIy to a singIe woman Iooking after a chiId.
untiI the chiId reaches 15 years of age.

Section 155
Severance oI an Employment Relationship
An empIoyer may onIy exceptionaIIy sever an empIoyment reIationship by giving notice to a
pregnant femaIe empIoyee or a seIf-supporting femaIe empIoyee permanentIy Iooking after a chiId under
three years of age. nameIy in the cases pursuant to sections 46(1)(a) and (b) and 53.

Section 156
Adjustment oI Working Time
(1) When assigning empIoyees to shifts. the empIoyer shaII consider the needs of women Iooking after
chiIdren.
(2) If a woman Iooking after a chiId under 15 years of age or a pregnant woman requests that her working
time be reduced or that some other suitabIe adjustment be made to the prescribed weekIy working time.
the empIoyer is obIiged to grant her request. provided that he is not prevented from doing so for serious
operationaI reasons (section 86): at the same time. the empIoyer shaII proceed in co-operation with the
competent trade union organization (organ. body).
(3) An empIoyer may not empIoy a pregnant woman or a woman Iooking after a chiId under one year of
age on overtime work.

Maternity and Parental Leave
Section 157
Maternity Leave
(1) In connection with the birth of a chiId and the care of a newIy-born chiId. a woman empIoyee shaII be
entitIed to 28 weeks of maternity Ieave: if the empIoyee gives birth to two or more chiIdren at the same
time. or if the empIoyee is a singIe woman. she shaII be entitIed to 37 weeks of maternity Ieave.
(2) A femaIe empIoyee shaII start her maternity Ieave. as a ruIe. at the beginning of the sixth week before
the expected day of the birth of her chiId. but no earIier than the beginning of the eighth week before the
expected birth.
(3) If a femaIe empIoyee has had Iess than six weeks of maternity Ieave before the day her chiId is born.
because the chiId was born earIier than the date determined by her doctor. she shaII be entitIed to
maternity Ieave from the day of the beginning of her maternity Ieave untiI expiry of the period pursuant to
subsection (1). If a femaIe empIoyee has had Iess than six weeks of maternity Ieave before the birth of her
chiId for some other reason. she shaII be granted 22 weeks of maternity Ieave as of the day of her chiId's
birth. or 31 weeks if she gives birth to two or more chiIdren. or if she is a singIe empIoyee (singIe mother).
(4) If the chiId is stiIIborn. the femaIe empIoyee shaII be entitIed to maternity Ieave of 14 weeks.
(5) Maternity Ieave reIated to the birth of a chiId may not be Iess than 14 weeks and cannot terminate or
be suspended |section 160(2)| in any circumstances before six weeks have passed since the birth of a
chiId.

Section 158
Parental Leave
In order to extend the care being given to a chiId. the empIoyer shaII grant a femaIe or maIe empIoyee
parentaI Ieave. if so requested. ParentaI Ieave shaII be granted to the mother of a chiId at the end of her
maternity Ieave and to the father of a chiId as of the day when the chiId is born. to the extent appIied for.
but no Ionger than untiI the chiId reaches the age of three years.

Section 159
Maternity and Parental Leave Ior Foster Parents
(1) EntitIement to maternity and parentaI Ieave shaII aIso pertain to a femaIe or maIe empIoyee who is
fostering a chiId by caring for it instead of its parents on the basis of a ruIing by the competent authority.
or because the chiId's mother died: a ruIing of the competent authority¨ shaII mean a decision to pIace a
chiId into foster care which. for the purposes of state sociaI support (Note 38a). repIaces parentaI care.
(2) Maternity Ieave pursuant to subsection (1) shaII be granted to a femaIe empIoyee for 22 weeks. from
the day when the chiId is taken into foster care. and if a femaIe empIoyee takes two or more chiIdren into
foster care. or if she is singIe. she shaII be entitIed to maternity Ieave of 31 weeks. but not after the day
when the chiId reaches the age of eight months.
(3) ParentaI Ieave pursuant to subsection (1) shaII be granted as of the day when the chiId is taken into
foster care untiI the day when the chiId reaches the age of three years: a femaIe empIoyee who has been on
maternity Ieave pursuant to subsection (2) shaII be granted parentaI Ieave after the end of her maternity
Ieave.

Section 160
Toint Provisions on Maternity and Parental Leave
(1) A femaIe and a maIe empIoyee shaII be entitIed to take maternity and parentaI Ieave concurrentIy.
(2) If a chiId is taken to a medicaI faciIity for suckIings. or to another heaIth care estabIishment for
medicaI treatment. and the maIe or femaIe empIoyee start working. the empIoyee's maternity or parentaI
Ieave shaII be suspended: the untaken part of such Ieave shaII be granted when the chiId is reIeased from
the heaIth care estabIishment and cared for again by its foster parents. but not after the time when the chiId
reaches the age of three years.
(3) If a femaIe or a maIe empIoyee ceases to take care of the chiId. and as a resuIt it is put into foster care
or institutionaI care in Ioco parentis. or if the chiId of a femaIe or maIe empIoyee is temporariIy in the care
of an estabIishment (faciIity) for suckIings or another heaIth care estabIishment for other than reasons of
heaIth. the empIoyee shaII not be entitIed to maternity or parentaI Ieave for the period when not taking care
of the chiId.
(4) If the chiId dies during the femaIe empIoyee's maternity or parentaI Ieave or the maIe empIoyee's
parentaI Ieave. the maternity or parentaI Ieave shaII continue two further weeks after the chiId's death. but
not beyond the day when the chiId wouId have reached the age of one year.

Section 161
Breaks Ior BreastIeeding
(1) In addition to the usuaI work breaks. the empIoyer shaII aIIow a mother who is breastfeeding her chiId
a speciaI break for this purpose.
(2) A mother who works the prescribed weekIy working time is entitIed to two haIf-hour breaks per shift
for each chiId untiI it reaches the age of one year. and to one haIf-hour break for the next three months. If
she works shorter hours (but at Ieast haIf of the prescribed weekIy working hours). she is entitIed to at
Ieast one haIf-hour break for each chiId untiI it reaches the age of one year.
(3) Breaks for breastfeeding are counted as part of her working hours and she is paid for them in the
amount of her average earnings.

Section 162
Repealed

Division 3
Working Conditions Ior Adolescents

Section 163
EmpIoyers shaII create favourabIe conditions for the generaI deveIopment of the adoIescent's physicaI
and inteIIectuaI abiIities. even by a speciaI adjustment of their working conditions. The empIoyer shaII co-
operate cIoseIy with the adoIescent's famiIy in resoIving important issues reIating to the adoIescent.

Section 164
(1) When concIuding an empIoyment contract with an adoIescent. the empIoyer shaII ask the adoIescent's
Iegitimate representative for his opinion.
(2) If the empIoyer gives notice of termination of empIoyment to an adoIescent empIoyee. or he
terminates his empIoyment reIationship instantIy. this fact must be brought to the attention of his
Iegitimate representative. If an adoIescent empIoyee severs his empIoyment reIationship. or if it shouId be
severed by agreement. the empIoyer shaII request the opinion of the empIoyee's Iegitimate representative.

Section 165
EmpIoyers may onIy empIoy adoIescents on work which is competent to their physicaI and
inteIIectuaI deveIopment. and devote speciaI attention to their needs at work: the same shaII appIy to
schooIs or civic associations under another Iaw (Note 29) if. as part of the upbringing of youth. they
organize work for adoIescents.

Section 166
Prohibition on Overtime and Night Work
(1) An empIoyer may not require adoIescent empIoyees to work overtime or at night. As an exception.
adoIescents over 16 years of age may work at night for up to a maximum of one hour. where this is
necessary for their vocationaI training. Night work by an adoIescent must immediateIy foIIow his daytime
work according to the scheduIe of working shifts.
(2) EmpIoyers may not offer remuneration for work which. aIthough it might increase output. wouId Iead
to adoIescent empIoyees facing an increased danger of injury and pose a threat to the safety.
(3) If the empIoyer cannot assign an adoIescent to work for which he has had a vocationaI education. due
to the fact that the performance of such work by an adoIescent is prohibited. or because. according to
medicaI opinion. it endangers his heaIth. then the empIoyer shaII assign him to other appropriate work. if
possibIe. corresponding to his skiIIs untiI such time as the adoIescent can do work corresponding to his
skiIIs (quaIifications).

Section 167
Work Prohibited Ior Adolescents
(1) AdoIescents may not be empIoyed to work underground on the extraction of mineraIs or driIIing
tunneIs and gaIIeries.
(2) AdoIescents may not be empIoyed on work which is inappropriate to them or dangerous or damaging
to their heaIth. taking into account the anatomicaI. physioIogicaI and psychoIogicaI attributes of persons of
this age. The Ministry of HeaIth. acting in agreement with the Ministry of Economy and the Ministry of
Education. Youth and PhysicaI Education. shaII determine in a decree the types of work and workpIaces
which are prohibited to adoIescents and the conditions under which adoIescents may. as an exception. do
this type of work for the purposes of vocationaI training.
(3) EmpIoyers may not empIoy adoIescents on work which exposes them to increased risk of injury. or
whose performance by adoIescents might seriousIy endanger the safety or heaIth of feIIow empIoyees or
other persons.
(4) The prohibition on certain types of work may aIso be extended by a decree pursuant to subsection (2)
to empIoyees whose age is cIose to the age of adoIescence.

Section 168
Medical Examinations
(1) The empIoyer shaII ensure that adoIescent empIoyees are examined by a doctor:
(a) prior to entering into the empIoyment reIationship and before they are transferred to another kind of
work for a period of Ionger than one month:
(b) reguIarIy. according to need. but at Ieast once a year. unIess the Ministry of HeaIth provides for more
frequent medicaI examinations in certain categories of work.
(2) AdoIescents are obIiged to undergo the prescribed medicaI examination (check-up).
(3) When assigning work to an adoIescent. the empIoyer shaII aIso take a medicaI opinion into
consideration.

Section 169
Repealed

CHAPTER VIII
COMPENSATION OF DAMAGE

Division 1
Prevention oI Damage

Section 170
(1) The empIoyer is obIiged to provide empIoyees with working conditions which enabIe them to perform
their working tasks properIy without endangering heaIth and property: if the empIoyer ascertains defects
in the working conditions. he shaII take remediaI measures.
(2) The empIoyer shaII systematicaIIy check whether his empIoyees are compIeting their working tasks in
a manner which prevents damage.
(3) In order to protect his property. the empIoyer shaII carry out checks. as necessary. on things that
empIoyees bring to and take away from his premises. or arrange for the searching of empIoyees. The
empIoyer shaII detaiI the conditions in the work code. During a check or search pursuant to the first
sentence. the statutory provisions on the protection of personaI freedom (Note 39) must be observed and
empIoyees may not be humiIiated. PersonaI searches may onIy be carried out by persons of the same sex.

Section 171
(1) EmpIoyees shaII conduct themseIves in such a manner as to avoid causing damage to heaIth and
property and unjust enrichment to the detriment of society or an individuaI. If there is a risk of damage.
empIoyees shaII inform the management.
(2) If there is an imminent damage to the empIoyer's property. his empIoyees shaII take immediate steps
to prevent such damage: they are not required to do so if the gravity of the circumstances prevents them
from so doing. or if this wouId expose them. other empIoyees or persons cIose to them to serious danger.
(3) If an empIoyee ascertains that his working conditions are not as they shouId be. he shaII inform his
superior accordingIy.

Division 2
Liability oI an Employee Ior Damage

Section 172
General Liability
(1) An empIoyee is IiabIe to the empIoyer for damage which he causes through his own fauIt by not
fuIfiIIing his obIigations when performing his working tasks or in direct connection therewith.
(2) If damage is aIso caused by a breach of the empIoyer's obIigations. the empIoyee's IiabiIity shaII be
reduced proportionateIy.
(3) The empIoyer shaII have to prove that his empIoyee is at fauIt. except in the cases specified in sections
176 and 178.

Sections 173 and 174
Repealed

Section 175
Liability Ior Non-PerIormance oI the Obligation to Prevent Damage
The empIoyer may require an empIoyee who knowingIy faiIed either to warn a member of the
manageriaI staff of an imminent damage or to take steps to prevent it (section 171). even though such
measures wouId have prevented the immediate occurrence of the damage. to contribute to compensation
of the damage to an extent appropriate to the circumstances of the case. if such damage cannot be
compensated otherwise. The empIoyer shaII take into consideration factors which prevented performance
of the obIigation and the significance of the damage to society. as weII as the personaI and materiaI
resources of the empIoyee who faiIed to fuIfiI his obIigation. However. the amount of compensation for
the damage (the damages) may not exceed an amount equaI to three times the empIoyee's average monthIy
earnings.

Liability Ior ShortIalls in Things oI Value Entrusted to an Employee
Section 176
(1) If. on the basis of an agreement on IiabiIity for things of vaIue entrusted to an empIoyee (materiaI
IiabiIity). the empIoyee accepts IiabiIity for cash entrusted to him. or for stamps. goods. stocks of materiaI
or other things of vaIue for which he is accountabIe. he shaII be IiabIe for any shortfaII that occurs. At the
same time. it may be provided for in the agreement with empIoyees that. when they work at a workpIace
where severaI empIoyees have concIuded an agreement on IiabiIity for things of vaIue entrusted to them.
they shaII be jointIy and severaIIy IiabIe with the other empIoyees for any shortfaII (joint and severaI
materiaI IiabiIity).
(2) An agreement on IiabiIity for things of vaIue entrusted to an empIoyee (i.e. materiaI IiabiIity) must be
concIuded in writing. otherwise it shaII be void.
(3) An empIoyee shaII be reIieved of IiabiIity whoIIy. or in part. if he proves that he was not at fauIt.
either for the whoIe shortfaII or a part of it.
(4) CentraI authorities may determine in Iabour provisions the principIes for determining which types of
work require the concIusion of an agreement on materiaI IiabiIity: the empIoyer shaII enter into such
agreement with his empIoyees performing these types of work.

Section 177
(1) An empIoyee who enters into an agreement on materiaI IiabiIity may withdraw from it (i.e. canceI it).
if he is transferred to another type of work. transferred to another workpIace. or reIocated. or if his
empIoyer. within one month of receiving written notification from him. faiIs to remedy defects in working
conditions which prevent the empIoyee from properIy managing items entrusted to him. An empIoyee may
aIso withdraw from an agreement on joint and severaI materiaI IiabiIity if another empIoyee is assigned to
the workpIace or another manageriaI empIoyee. or his deputy. is appointed. The empIoyer must be notified
in writing of the withdrawaI (canceIIation).
(2) An agreement on materiaI IiabiIity shaII terminate on the day an empIoyee's empIoyment reIationship
ends or the agreement is withdrawn from (canceIIed).

Liability Ior Loss oI Items Entrusted to an Employee
Section 178
(1) An empIoyee shaII be IiabIe for the Ioss of tooIs. protective working aids and other simiIar items
which the empIoyer entrusts to him against a written confirmation (receipt).
(2) An empIoyee shaII be reIieved of IiabiIity. whoIIy or in part. if he proves that he was not at fauIt.
either for the whoIe Ioss or a part of it.

Toint Provisions on the Liability oI Employees
Section 178a
(1) An empIoyee who suffers from a mentaI disorder shaII onIy be IiabIe for damage that he causes if he is
abIe to controI his conduct or to consider the consequences of his conduct.
(2) An empIoyee who through his own fauIt brings himseIf to such a condition that he is not abIe to
controI his conduct. or to consider the consequences of his conduct. shaII be IiabIe for damage caused
whiIe he is in this condition.
(3) An empIoyee who intentionaIIy causes damage by conduct contrary to the ruIes of decency and civic
co-existence shaII aIso be IiabIe for damage.

Section 178b
(1) An empIoyee shaII not be IiabIe for damage which he causes whiIe averting damage threatening the
empIoyer's property or a danger threatening his Iife or heaIth. unIess he intentionaIIy brought this state of
affairs upon himseIf and he simuItaneousIy behaved in a manner which was inadequate to the
circumstances.
(2) An empIoyee shaII not be IiabIe for damage which is the consequence of economic risk.

Scope oI Damages
Section 179
(1) An empIoyee who is IiabIe for damage pursuant to section 172 shaII compensate the empIoyer for
actuaI damage. nameIy in money. if the damage cannot be made good by the restoration of things to their
originaI condition.
(2) The amount of damages (i.e. compensation for damage) to be paid by an individuaI empIoyee as a
resuIt of his negIigence may not exceed an amount equaI to four and a haIf times his average monthIy
earnings before he caused the damage by non-performance of his obIigation. This Iimit shaII not appIy if
the damage was caused by drunkenness which the empIoyee himseIf brought on. or after his use of other
addictive substances.
(3) In the case of damage which was intentionaIIy caused. the empIoyer can aIso demand compensation
for other damage from the empIoyee.
(4) If damage was aIso caused by the empIoyer. the empIoyee shaII pay a proportionate part of the
damages. according to the extent of his fauIt.
(5) If severaI empIoyees are IiabIe to pay damages to the empIoyer. each of them shaII pay a proportionate
share of them. according to the extent of his fauIt.

Section 180
Determination of the amount of damage to an object shaII be based on its price at the time it is
damaged.

Section 181
An empIoyee who is IiabIe for a shortfaII in (section 176) or the Ioss of (section 178) items entrusted
to him shaII make up the shortfaII or make good the Ioss in its entirety.

Section 182
(1) In the case of joint and severaI IiabiIity for a shortfaII. the individuaI empIoyees' share of the
compensation shaII be determined according to the ratio of their gross earnings. with the earnings of their
manager and his deputy being counted in doubIe their amount.
(2) The share of compensation determined in accordance with the preceding subsection for individuaI
empIoyees. with the exception of their manager and his deputy. may not exceed an amount equaI to their
average monthIy earnings before the damage occurred. If the entire damage is not covered by
proportionate shares determined in this way. the manager and his deputy shaII compensate the baIance. in
proportion to their gross earnings.
(3) If it is ascertained that the shortfaII or a part of it was caused through the fauIt of one of the empIoyees
who is jointIy and severaIIy IiabIe. this empIoyee shaII make up the shortfaII in accordance with the extent
of his fauIt. The remaining portion of the shortfaII shaII be made good by aII of the empIoyees who are
jointIy and severaIIy IiabIe. in accordance with the shares determined pursuant to the preceding
subsection.

Section 183
For reasons which warrant speciaI consideration. the competent court may reasonabIy reduce
compensation for damage (i.e. damages).

Section 184
(1) An empIoyee who. due to negIigence. causes damage to the empIoyer by producing a defective
product (a reject) shaII compensate him for the amount spent on materiaI and wages. or for the necessary
repairs to the reject and machinery. if he damaged it whiIe producing the reject. up to an amount equaI to
one-haIf of his average monthIy earnings. An empIoyee shaII not be under this obIigation if the empIoyer
did not require him to stop working after the empIoyee informed him of the defect.
(2) For the purposes of determining the amount of compensation for damage (i.e. damages). aII damage
caused in a singIe caIendar month shaII be added together.
(3) If a reject is the resuIt of an excusabIe error on the part of an empIoyee who is otherwise conscientious
in his work. the empIoyer may commensurateIy reduce the amount of damages the empIoyee must pay.
However. the amount of damages must be at Ieast one-third of the actuaI damage or. if the damage
exceeds one-haIf of the empIoyee's average monthIy earnings. an amount equaI to one-sixth of his average
monthIy earnings.
(4) If the damage is caused by an empIoyee's drunkenness or by his abuse of other addictive substances.
he shaII compensate the actuaI damage. The provisions of section 183 shaII aIso appIy.
(5) The obIigation of an empIoyee to compensate his empIoyer for damage which he caused him by fauIty
(manuaI work invoIving) assembIy. repair. modification or construction (civiI engineering work) shaII aIso
be considered pursuant to the preceding subsections.

Section 185
(1) The empIoyer shaII determine the amount of damages he wiII require: if a manageriaI empIoyee who
is a statutory organ or his deputy caused the damage (either aIone or together with a subordinate
empIoyee). the organ superior to him shaII determine the damages.
(2) The empIoyer shaII discuss with the empIoyee the amount of damages required and. as a ruIe. inform
him of it no Iater than one month after the day when it was ascertained that the damage occurred and that
the empIoyee was IiabIe for it.
(3) If the empIoyee admits his IiabiIity to pay damages in the amount determined and agrees the method
of payment with the empIoyer. the empIoyer shaII concIude the agreement in writing. otherwise it shaII be
void. However. a separate written agreement shaII not be necessary if the empIoyee has aIready paid the
damages.
(4) The empIoyer shaII discuss with the competent trade union organization (organ. body) the amount of
damages required and the terms of the agreement on the method of payment. except for compensation of
damage caused by the production of a reject and damages not exceeding CZK 1.000. If a manageriaI
empIoyee who is a statutory organ or his deputy causes damage (either aIone or together with a
subordinate empIoyee). the organ superior to him shaII determine the damages. after consuItation with the
higher trade union body (organ).

Section 186
Repealed

Division 3
Liability oI Employers Ior Damage

Section l87
General Liability
(1) The empIoyer shaII be IiabIe to an empIoyee for damage which occurs to the empIoyee whiIe
performing his working tasks. or in direct connection therewith. due to the empIoyer's breach of statutory
obIigations or wiIfuI conduct by him which is contrary to the ruIes of decency and civic coexistence.
(2) The empIoyer shaII aIso be IiabIe to an empIoyee for damage which other empIoyees. acting on behaIf
of the empIoyer. cause to such empIoyee by breaching their obIigations whiIe performing tasks set by the
empIoyer (sections 9 and 10).
(3) The empIoyer shaII not be IiabIe to his empIoyee for damage to a means of transport which the
empIoyee uses without the empIoyer's consent whiIe performing working tasks. or in direct connection
therewith.

Sections 188 and 189
Repealed

Liability Ior Damage in Cases oI Injuries at Work and Occupational Diseases
Section 190
(1) If an empIoyee suffers harm to his heaIth or death from an injury (an accident) whiIe performing his
working duties or in direct connection therewith (an industriaI injury i.e. injury at work). the empIoyer
with whom the empIoyee had an empIoyment reIationship at the time of the injury shaII be IiabIe for
damage caused by that injury.
(2) An injury which an empIoyee suffers on the way to work or on the way home shaII not be considered
as an injury (accident) at work.
(3) The empIoyer shaII be IiabIe for damage caused to an empIoyee by an occupationaI disease. if prior to
its discovery the empIoyee Iast worked for that empIoyer in an empIoyment reIationship under the
conditions causing such disease. OccupationaI diseases shaII be those diseases which are specified in the
statutory provisions on sociaI security (a Iist of occupationaI diseases). if they occur under the conditions
stipuIated therein.
(4) Even a disease which occurred prior to such disease being incIuded in the Iist of occupationaI diseases
shaII be compensated as an occupationaI disease. and this from the time when the disease is incIuded in
the Iist. as weII as retroactiveIy for up to a maximum period of three years prior to such disease being
Iisted.
(5) An empIoyer shaII compensate damage even if he fuIfiIs his obIigations under the statutory provisions
and reguIations on ensuring safety and the protection of heaIth at work. unIess he is exempted from this
IiabiIity pursuant to section 191.

Section 191
(1) The empIoyer shaII be compIeteIy exempt from IiabiIity if he proves that:
(a) the damage was caused by the fact that the affIicted (injured) empIoyee. through his own fauIt.
breached the statutory provisions. other reguIations or instructions ensuring safety and the protection
of heaIth at work. even though he was properIy acquainted with them and his knowIedge and
observance of them was systematicaIIy required and checked: or
(b) if the affIicted (injured) empIoyee brought the damage upon himseIf by drunkenness. or as a resuIt of
his abuse of other addictive substances. and the empIoyer was not abIe to prevent the damage.
and that those facts constituted the soIe cause of the damage.
(2) The empIoyer shaII be exempt from IiabiIity in part if he proves that:
(a) the affIicted (injured) empIoyee. through his own fauIt. breached the statutory provisions. other
reguIations or instructions ensuring safety and the protection of heaIth at work. even though he was
properIy acquainted with them. and that this breach was one of the causes of the damage:
(b) one of the causes of the damage was the drunkenness of the affIicted (injured) empIoyee or his abuse
of other addictive substances:
(c) the empIoyee suffered damage because he acted contrary to usuaI conduct (practices). so that it is
evident that. even though he did not breach any statutory provisions. other reguIations or instructions
ensuring safety and the protection of heaIth at work. he acted reckIessIy and. considering his skiIIs and
experience. he must have been aware that he couId cause damage to his heaIth.
(3) If the empIoyer is exempt from IiabiIity in part |subsection (2)|. the part of the damage for which the
empIoyee shaII be heId responsibIe shaII be determined according to the degree of his fauIt: however. in
the cases stated in subsection (2)(c). the empIoyer shaII compensate at Ieast one-third of the damage.
(4) When considering whether an empIoyee breached statutory provisions or other reguIations on
ensuring safety and the protection of heaIth at work |subsections (1)(a) and (2)(a)|. it is not possibIe to
refer onIy to the generaI provisions according to which everyone shouId act in such a manner as not to
endanger his own heaIth or that of others.
(5) Common careIessness and conduct (practices) arising from the risks of work cannot be considered as
reckIess conduct |subsection (2)(c)|.

Section 192
The empIoyer may not be exempt from IiabiIity if an empIoyee sustains an injury at work whiIe
preventing imminent damage to the empIoyer's property or a danger directIy putting at risk Iife or heaIth.
if the empIoyee did not himseIf wiIfuIIy bring about that state of affairs.

Section 193
(1) In the case of an empIoyee who sustains an injury at work (an industriaI injury) or who has been
diagnosed as having an occupationaI disease. he shaII be compensated by his empIoyer to the extent to
which the empIoyer is IiabIe: the empIoyer shaII compensate such empIoyee (proportionateIy) for:
(a) Ioss of earnings:
(b) pain and aggravation of sociaI seIf-assertion (usefuIness):
(c) the purposefuIIy incurred cost of medicaI treatment:
(d) materiaI damage: the provisions of section 187(3) shaII appIy to this case.
(2) Without undue deIay. the empIoyer shaII discuss the method and extent of compensation with the
competent trade union organization (organ. body) and the empIoyee.

Section 193a
Compensation for Ioss of earnings during a period of inabiIity to work and for Ioss of earnings after
the end of the period of inabiIity to work for the same reasons are separate and not concurrent
entitIements.

Section 194
(1) Compensation for Ioss of earnings during the period of an empIoyee's inabiIity to work shaII be in an
amount corresponding to the difference between his average earnings before the damage caused by the
injury at work (industriaI injury) or occupationaI disease and the fuII amount of his sickness benefits.
(2) There shaII be an entitIement to compensation for damage under the preceding subsection even if
there is a further period of inabiIity to work due to the same injury at work or occupationaI disease: this
compensation shaII be based on the empIoyee's average earnings before the occurrence of the further
damage. However. if before the occurrence of this further damage the empIoyee was entitIed to
compensation for Ioss of earnings after the period of inabiIity to work ended. he shaII receive
compensation in accordance with the preceding subsection up to the amount to which he wouId have been
entitIed pursuant to section 195. if he had been unfit to work: his sickness benefits shaII be considered as
earnings foIIowing an injury at work or the ascertainment of an occupationaI disease.

Section 195
(1) Once an empIoyee's period of inabiIity to work ends or when he is (officiaIIy) recognized to be fuIIy
or partiaIIy disabIed. compensation for Ioss of earnings shaII be granted to the empIoyee in such an
amount that. together with his earnings (if any) after the injury at work (industriaI injury) or discovery of
an occupationaI disease. and the possibIe award of a fuII or partiaI disabiIity pension for the same reason.
it equaIs his average earnings before the injury (disease) occurred. Any increase in the disabiIity pension
because he is bedridden shaII not thereby be taken into account. nor shaII any decrease in the pension
under the statutory provisions on sociaI security. or even earnings of the empIoyee generated by an
increase in his working efficiency.
(2) The empIoyee shaII be entitIed to compensation for Ioss of earnings after the end of the period of
inabiIity to work during a subsequent period of inabiIity to work for reasons other than his initiaI injury at
work (industriaI injury) or occupationaI disease. After an injury at work or discovery of an occupationaI
disease. the earnings on which the amount of sickness benefits was based shaII be appIicabIe.
(3) An empIoyee who without good reason refuses to take up work which was found for him is onIy
entitIed to compensation for Ioss of earnings pursuant to the preceding subsection in an amount equaI to
the difference between his average earnings before the occurrence of an injury or discovery of
occupationaI disease and the average earnings which he might have attained by performing the work
found for him. The empIoyer shaII not compensate the empIoyee up to an amount which. without good
reason. he faiIed to earn.
(4) The empIoyee shaII be entitIed to compensation for Ioss of earnings after the end of the period of
inabiIity to work. but this entitIement shaII not Iast Ionger than untiI the end of the month in which he
reaches the age of 65.

Section 195a
A possibIe Ioss of pension shaII not be considered as damage under this Code.

Section 196
Compensation for pain and aggravation of sociaI seIf-assertion (usefuIness). which the empIoyee
sustains as a resuIt of an injury at work (industriaI injury) or occupationaI disease. shaII be paid in a Iump
sum.

Section 197
(1) If an empIoyee dies as the resuIt of an injury (accident) at work or an occupationaI disease. his
empIoyer shaII. to the extent of his IiabiIity:
(a) reimburse amounts spent on purposefuIIy incurred expenses connected with his medicaI treatment:
(b) reimburse reasonabIe funeraI expenses:
(c) reimburse the cost of maintaining his survivors:
(d) pay a Iump sum to his survivors:
(e) compensate materiaI damage: provisions of section 187(3) shaII aIso appIy to this case.
(2) The entitIements due pursuant to the preceding subsection shaII not depend on the empIoyee having
cIaimed his damages within the determined period.

Section 198
The person who met the cost of medicaI treatment and the funeraI expenses shaII be reimbursed. Any
funeraI grant under the State SociaI Support Act shaII be deducted from the funeraI expenses.

Section 199
(1) Reimbursement of the cost of the survivors' maintenance shaII be due to those survivors whom the
deceased maintained. or was under an obIigation to maintain.
(2) CaIcuIation of this reimbursement shaII be based on the average earnings of the deceased: however.
reimbursement of the cost of maintaining aII of the survivors may not exceed the totaI amount of
compensation for Ioss of earnings to which the deceased wouId have been entitIed under section 195. and
it may not be provided for a Ionger time than the compensation wouId have been paid to the deceased
under section 195(4).
(3) Reimbursement of costs is due. unIess it is covered by the payment of pension insurance benefits
granted for the same reason.

Section 200
(1) An award of damages in the form of a Iump sum is due to a spouse or a chiId entitIed to a widow's or
orphan's pension. The chiId is entitIed to CZK 80.000. and the spouse to CZK 50.000. In warranted cases.
the parents of the deceased shaII aIso be awarded a Iump sum of CZK 50.000. A higher amount may be
agreed in a coIIective bargaining agreement or prescribed in internaI reguIations. The same shaII aIso
appIy to empIoyers who are not engaged in business activities.
(2) Compensation for materiaI damage shaII be due to the empIoyee's heirs.

Section 201
Repealed

Section 202
(1) In the case of a substantiaI change in the injured (aggrieved) person's circumstances which were
decisive for determination of the amount of damages. the injured person and the empIoyer may require an
adjustment of their rights or obIigations.
(2) In respect of changes in the IeveI of wages. the Government can modify the conditions. amount and
method of compensation for Ioss of earnings due to empIoyees after the end of a period of inabiIity to
work caused by an injury at work (industriaI injury) or occupationaI disease.

Section 203
The Ministry of HeaIth. acting in agreement with the Ministry of Labour and SociaI Affairs. may
stipuIate in a decree the maximum amount of compensation for pain and aggravation of sociaI seIf-
assertion (usefuIness) and the method of determining such amounts in individuaI cases.

Liability in Special Cases
Section 204
Liability Ior Damage to Deposited Items
(1) The empIoyer with whom an empIoyee has an empIoyment reIationship shaII be IiabIe for damage to
items which such empIoyee. whiIe performing his work or in direct connection therewith. Ieaves on the
empIoyer's premises in a pIace determined for this purpose or a pIace where such items are usuaIIy Ieft.
(2) The empIoyer shaII onIy be IiabIe for such things up to a maximum amount of CZK 5.000. unIess
items which empIoyees do not usuaIIy bring to work (Iarger sums of money. jeweIIery and other
vaIuabIes) were accepted for safekeeping. However. if it is ascertained that the damage to the things was
caused by another of the empIoyer's empIoyees. or if the empIoyer accepted items for safekeeping (speciaI
custody). the empIoyer shaII compensate the damage without Iimit.
(3) The entitIement to compensation for damage terminates if the empIoyee does not notify the empIoyer
of it without undue deIay. at the Iatest within 15 days of the day he Iearns of the damage.

Section 205
Liability Ior Averting Damage
(1) An empIoyee who suffers materiaI damage whiIe averting damage threatening the empIoyer's property
shaII be entitIed to receive compensation from the empIoyer for the damage suffered. and aIso
compensation for amounts usefuIIy spent for this purpose. provided that such empIoyee did not wiIfuIIy
bring about the danger himseIf and provided that he acted reasonabIy in the circumstances.
(2) This entitIement shaII aIso pertain to an empIoyee who averts a danger putting at risk Iife or heaIth if
the empIoyer wouId have been IiabIe for the damage caused.

Toint Provisions on Employer's Liability
Section 205a
If the empIoyer proves that damage was aIso caused by the empIoyee who suffered damage. the
empIoyer's IiabiIity for the damage shaII be proportionateIy reduced: IiabiIity for damage concerning
injuries at work or occupationaI diseases shaII be subject to the provisions of section 191.

Section 205b
(1) The empIoyer shaII compensate an empIoyee for his actuaI damage in money. if the empIoyer cannot
make good the damage by restoring the thing to its previous condition. If the damage was wiIfuIIy caused.
the empIoyee may aIso cIaim compensation for other damage. If damage (harm) to heaIth. other than that
caused by an injury at work or occupationaI disease. is invoIved. then the provisions on injuries at work
(industriaI injuries) shaII appIy to the method and extent of the compensation: however. survivors shaII not
be entitIed to Iump sum damages.
(2) The amount of materiaI damage shaII be based on the price of the property at the time of the damage.
(3) Compensation for Ioss of earnings shaII be paid by the empIoyer reguIarIy once a month.

Section 205c
(1) An empIoyer who compensates an injured (aggrieved) person for damage done to him shaII be entitIed
to compensation from the person who. under the CiviI Code. is IiabIe for such damage: the entitIement
corresponds to the extent of that person's IiabiIity towards the injured person. unIess otherwise agreed in
advance.
(2) In the case of damages reIated to an occupationaI disease. the empIoyer who compensated the damage
shaII be entitIed to reimbursements from aII empIoyers for whom the affIicted empIoyee worked under the
conditions which caused the occupationaI disease. to an extent corresponding to the Iength of time for
which the empIoyee worked for any such empIoyer under the said conditions.

Section 205d
Statutory Insurance oI Employer's Liability Ior Damage Relating to an Injury at Work or
Occupational Disease
(1) EmpIoyers empIoying at Ieast one empIoyee shaII be insured against IiabiIity for damage caused by
injuries at work (i.e. industriaI injuries) and by occupationaI diseases (hereafter statutory insurance¨) with
Ceska pojis ovna (Czech Insurance Company). joint stock company. provided that these empIoyers were
covered by a reIevant insurance poIicy with Ceska pojis ovna on 31 December 1992. Other empIoyers
shaII be insured with the CzechosIovak co-operative insurance company Kooperativa. joint stock
company. or its IegaI successor in the Czech RepubIic (hereafter onIy the insurance companies¨). This
shaII not appIy to empIoyers if they have the status of organizationaI components (estabIishments) of the
State (Note 40).
(2) ShouId the insurance companies suffer a financiaI Ioss (detriment) as a resuIt of their operation of
statutory insurance. they shaII be entitIed to compensation for the Ioss from the state budget. Any gains
accruing to the insurance companies from statutory insurance shaII be transferred to the state budget.
(3) A financiaI Ioss shaII mean a Ioss to the insurance company resuIting from its statutory insurance
operations. This Ioss shaII be a negative baIance between the estimated cost of insurance benefits to be
paid and the actuaI cost of insurance benefits paid out. as accounted for at 31 December each year.
(4) An insurance company's surpIus from statutory insurance shaII mean a positive baIance between the
estimated cost of insurance benefits to be paid and the actuaI cost of insurance benefits paid out. as
accounted for by the insurance company at 31 December each year.
(5) The insurance company shaII notify the Ministry of Finance of the financiaI resuIts of its statutory
insurance operations in the preceding year by 31 March of the foIIowing year at the Iatest. The Ministry
shaII compensate such financiaI Ioss of the preceding year by 30 June of the current year at the Iatest. By
the same date. any surpIus from statutory insurance must be transferred to the state budget.
(6) The insurance companies shaII keep their records of statutory insurance separateIy from the records of
their other activities. In addition to this. the CzechosIovak co-operative insurance company Kooperativa.
joint stock company. shaII keep separate accounting records for its statutory insurance operations in the
Czech RepubIic and the SIovak RepubIic.
(7) The Ministry of Finance shaII determine in a decree detaiIs of the conditions and rates of insurance
premiums.
(8) If an empIoyer's rights and obIigations from Iabour reIations are not transferred to another empIoyer
when the former empIoyer's undertaking (enterprise) is wound up. an injured person (or survivor) has a
direct right to compensation of damage against the insurance company to the same extent as the empIoyer
wouId have been obIiged to compensate such damage.
(9) The scope (extent) to which the empIoyer is covered by statutory insurance extinguishes this
empIoyer's duty (within the same scope) to concIude contractuaI insurance cover under other provisions.

Section 206
The provisions of this Chapter shaII aIso appIy to individuaIs hoIding pubIic office and. to the extent
stipuIated in a government decree. to disabIed individuaIs who are not in any empIoyment reIationship and
whose vocationaI training takes pIace according to other statutory provisions. to students in basic schooIs.
basic art schooIs. apprentice schooIs. vocationaI secondary schooIs and speciaI schooIs. higher vocationaI
schooIs. university-IeveI students. to members of voIuntary fire brigades and mining rescue corps. to
individuaIs who. at the request of a state administrative authority. a IocaI government authority or the
commander of an operation (or with his knowIedge). give personaI assistance during an operation against
a naturaI disaster. or who in the aftermath of such a disaster and as part of operations organized by IocaI
government authorities. voIuntariIy give assistance by performing a vitaI task in the pubIic interest: these
provisions shaII aIso appIy to members of co-operatives who suffer injury in the course of their duties or
an agreed activity on behaIf of the co-operative. to workers of the Red Cross. bIood donors and members
of the Mountain Rescue Service. to individuaIs who. on request and in accordance with the instructions.
personaIIy assist rescue operations in the countryside and who voIuntariIy provide sociaI care services
(within the sociaI security system) and to individuaIs who are assigned by their empIoyer to certain
functions or activities. when they suffer injury whiIe fuIfiIIing tasks reIated to such functions or activities.

CHAPTER IX
WORK-RELATED DISPLTES

Section 207
Courts shaII consider and ruIe on disputes between an empIoyer and an empIoyee over entitIements
ensuing from an empIoyment reIationship.

Sections 208 to 216
Repealed

PART THREE

Sections 217 to 231
Repealed

PART FOLR
AGREEMENTS ON WORK PERFORMED OLTSIDE OF
EMPLOYMENT RELATIONSHIPS

Section 232
(1) EmpIoyers shaII ensure performance of their tasks primariIy through empIoyees who are in an
empIoyment reIationship with them. OnIy as an exemption. for the purpose of performance of tasks and
meeting their needs. empIoyers may aIso concIude agreements with individuaIs on work to be performed
outside of the empIoyment reIationship (an agreement for the performance of a work assignment and an
agreement on working activity). if it concerns work:
(a) whose reguIar performance cannot be arranged by the empIoyer as part of the predetermined
scheduIes of working time and working shifts so that its management. monitoring and supervision of
the observance of working time wouId be effective and not economicaI:
(b) whose performance in an empIoyment reIationship wouId be sociaIIy inefficient or uneconomic for
the empIoyer for other reasons.
(2) These agreements may be concIuded with adoIescents onIy if their heaIthy deveIopment or
occupationaI training is not thereby put at risk.

Section 233
(1) On the basis of concIuded agreements. empIoyees shaII in particuIar:
(a) perform work conscientiousIy and properIy according to their strength. knowIedge and abiIity and
adhere to the terms of the agreement:
(b) perform the work personaIIy or with the assistance of famiIy members stated in the agreement:
(c) observe the statutory provisions appIicabIe to the work being performed by them. especiaIIy the
provisions on ensuring safety and the protection of heaIth at work: observe other reguIations
appIicabIe to the work being performed by them. especiaIIy reguIations for ensuring safety and the
protection of heaIth at work. with which they have been duIy acquainted:
(d) Iook after the equipment (means) entrusted to them and guard and protect the property of the empIoyer
against damage. Ioss. destruction and misuse.
(2) On the basis of concIuded agreements. empIoyers shaII in particuIar:
(a) create suitabIe working conditions for empIoyees which ensure the proper and safe performance of
work. and especiaIIy provide the necessary basic equipment. materiaIs. tooIs and personaI protection
working aids:
(b) acquaint empIoyees with the statutory provisions and other reguIations appIicabIe to the work being
carried out by them. especiaIIy the statutory provisions and other reguIations ensuring safety and the
protection of heaIth at work:
(c) adequateIy supervise the proper performance of work:
(d) in exchange for their work. provide empIoyees with the agreed remuneration. which may not be
inconsistent with the Iabour provisions:
(e) observe other terms of the agreement: however. an empIoyee's other possibIe entitIements or
perquisites which are to his benefit may not be agreed so that they are more favourabIe than simiIar
entitIements and perquisites ensuing from an empIoyment reIationship.
(3) The prohibition on certain kinds of work for women and adoIescents shaII aIso appIy to work
performed on the basis of these agreements.

Section 234
(1) An empIoyee shaII be IiabIe to the empIoyer with whom he has concIuded an agreement concerning
damage caused by a breach of his obIigations (for which the empIoyee is to bIame) whiIe doing the work.
or in direct connection therewith. in the same way as an empIoyee in empIoyment reIationship is IiabIe.
even if the damage is caused by members of his famiIy who are heIping him to do the work. If the work is
done on the basis of an agreement for the performance of a work assignment. the amount of compensation
for damage caused by negIigence may not exceed one-third of the actuaI damage or one-third of the
remuneration agreed for performance of the assignment. with the exception of the cases pursuant to
sections 176 to 178.
(2) The empIoyer shaII be IiabIe to his empIoyee for damage which the empIoyee suffers whiIe
performing work under the concIuded agreement. or in direct connection therewith. to the same extent as
he is IiabIe to empIoyees who are in an empIoyment reIationship: the empIoyer shaII be IiabIe to the
empIoyee's famiIy members in accordance with the CiviI Code.

Section 235
Disputes over these agreements shaII be deaIt with in the same manner as disputes ensuing from an
empIoyment reIationship.

Section 236
Agreements Ior the PerIormance oI a Work Assignment
(1) An empIoyer may concIude an agreement for the performance of a work assignment (or an agreement
on the performance of work: in Czech dohoda o provedení prace¨) if the expected duration of the project
(work task) which is the subject of the agreement is no Ionger than 100 hours. The period of time spent by
the empIoyee on the performance of another work assignment for the empIoyer in the same caIendar year
shaII aIso be counted with regard to the said Iimit. A government decree may determine exceptionaI cases
in which the period of time of the performance of another work assignment shaII not be counted with
regard to the said Iimit.
(2) An agreement for the performance of a work assignment may be concIuded in writing or oraIIy. The
work assignment and remuneration for performing it must be stated in the agreement. and as a ruIe the
period of time during which the work assignment must be compIeted shaII aIso be agreed in the
agreement: in addition. the empIoyer shouId state in the written agreement. or in the written record of an
oraI agreement. the expected duration of the work assignment in accordance with the preceding
subsection. unIess the duration is evident from the specification of the work assignment.
(3) The work assignment must be carried out within the agreed time. otherwise the empIoyer may
withdraw from the agreement. An empIoyee may withdraw from the agreement if he cannot carry out the
work assignment because the empIoyer did not create the agreed working conditions: the empIoyer shaII
compensate him for any damage caused as a resuIt of this.
(4) Remuneration for performance of the work assignment shaII be payabIe after compIetion and deIivery
of the work. The parties may agree between themseIves that a part of the remuneration wiII be payabIe
after a certain part of the work assignment is fuIfiIIed. After discussing it with the empIoyee. the empIoyer
may reduce the amount of remuneration if the work performed does not correspond to the agreed terms.
(5) ShouId the empIoyee die before the work assignment is compIeted. the entitIement to reasonabIe
remuneration for the work performed. when the empIoyer can make use of the resuIts of the work. and to
reimbursement of expenses reasonabIy incurred. shaII not terminate. but become a part of the deceased
person's estate.

Agreements on Working Activity
Section 237
(1) An agreement on working activity (dohoda o pracovní cinnosti¨) may be concIuded by an empIoyer
and an individuaI. even if the expected extent (duration) of the work does not exceed 100 hours.
(2) However. work whose average duration exceeds one-haIf of the prescribed weekIy working time may
not be performed on the basis of an agreement on working activity: any possibIe stand-by (working
readiness) for which the empIoyee is not entitIed to remuneration and stand-by at home shaII not be
incIuded in this period of time. A government decree may determine exceptionaI cases in which it is
possibIe. on the basis of an agreement on working activity. to perform work in excess of the working time
stated in the preceding sentence.
(3) Observance of the agreed and maximum permissibIe Iength of working time (under the preceding
subsection) shaII be considered on the basis of the whoIe period of time for which the agreement was
concIuded |section 238(2)|. but for no Ionger than a period of 12 months.

Section 238
(1) The empIoyer shaII concIude an agreement on working activity in writing. otherwise it shaII be void.
The agreed work. the agreed remuneration for performance of the work. and the agreed working time and
period of time for which the agreement is concIuded must be stated in the agreement. The empIoyer shaII
give the empIoyee one copy of the agreement on working activity. Prior to concIuding an agreement on
working activity. the empIoyer shaII proceed pursuant to section 1(3) and (4).
(2) An agreement on working activity shaII be concIuded either for a fixed-term or for an indefinite
period. The manner of termination may be agreed in the agreement. It is onIy possibIe to agree to the
immediate termination of the agreement in the same circumstances in which an empIoyment reIationship
may be immediateIy terminated. If the manner of termination is not impIied by the wording of the
agreement. it may be terminated by the parties as of an agreed day and uniIateraIIy. simpIy by giving
notice on any grounds whatsoever or on no stated grounds. with a 15-day notice period beginning on the
day when the written notice of termination is deIivered to the other party.

Section 239
Repealed

Section 239a
Remuneration for work performed shaII be due on the pay-day designated by the empIoyer for the
payment of wages (section 119) and. if a Iump-sum payment of remuneration was agreed. it shaII be
payabIe onIy after performance of the whoIe work task on the next pay-day after compIetion and deIivery
of the work. The parties may agree between themseIves differentIy on the due date of remuneration.

Section 239b
(1) The amount of remuneration and the terms on which it is provided. taking into account the type and
manner of the work or activities performed. shaII be agreed between the empIoyer and the empIoyee in
their agreements for the performance of a work assignment or agreement on working activity. When
negotiating the amount of remuneration. the empIoyer shaII observe the provisions of sections 1(3) and (4)
and 7(2) to (6).
(2) If the terms of an agreement for the performance of a work assignment or an agreement on working
activity aIso cover reimbursement of expenses incurred in connection with performance of the work which
is governed by other statutory provisions (Note 35). they shaII aIways be agreed separateIy from the
agreement on remuneration for the work performed.

PART FIVE
TOINT PROVISIONS

CHAPTER I
ACTS IN LAW

Section 240
(1) An act in Iaw (an empIoyment contract. notice of termination. an agreement on damages. etc.) is a
manifestation of wiII (intention) aimed at the creation. modification or termination of those rights or
obIigations which the statutory provisions attach to such manifestations.
(2) A manifestation of wiII can be performed either by an act or by an omission: it may be performed
expIicitIy or in another manner which Ieaves no doubt as to what the party intended to express. If a person
who cannot read or write wishes to perform an act in Iaw in writing. an officiaI record is required. or a
record accompanied by a document signed by two simuItaneousIy present officiaIs of the competent trade
union organization (organ. body) confirming that the the officiaI record corresponds to the person's
expressed intention.
(3) The manifestation of wiII shaII be interpreted. taking into account the circumstances under which it
was performed. in accordance with the ruIes of decency and civic coexistence.

Section 241
(1) The creation. modification or termination of a right or obIigation may be conditionaI. An impossibIe
condition attached to the termination of a right or obIigation shaII not be taken into consideration.
(2) If a party who benefits from non-performance of a condition deIiberateIy frustrates its performance.
the act in Iaw shaII become unconditionaI.
(3) Performance of a condition shaII not be taken into consideration if it is deIiberateIy brought about by a
party who has no right to do so and to whom its performance is advantageous.

Void Acts in Law
Section 242
(1) An act in Iaw shaII be void if:
(a) its contents or purpose contradicts or circumvents the Iaw or if it confIicts with the interests of society:
(b) it was not undertaken freeIy and in earnest. or in a definite or inteIIigibIe manner:
(c) as a resuIt. an empIoyee waives his rights in advance:
(d) it is undertaken by an empIoyee whose mentaI state renders him incapabIe of performing such an act
in Iaw:
(e) the person who undertook it Iacked the capacity to perform acts in Iaw.
(2) Acts in Iaw which the competent body has not approved as prescribed. or which were not undertaken
in the form stipuIated by this Code. are void onIy if so expIicitIy stated in this Code. or in another Iaw. If
this Code onIy requires that an act in Iaw be discussed with the competent body. the act in Iaw remains
vaIid. even if it was not discussed with such body.
(3) If the grounds for invaIidity (nuIIity) reIate onIy to part of an act in Iaw. onIy this part shaII be void. if
it does not foIIow from the nature of the act in Iaw. its terms or the circumstances under which it was
undertaken that this part may not be separated from the other parts of such act in Iaw.

Section 243
(1) If an empIoyee unfairIy obtains a benefit to the detriment of his empIoyer. or the empIoyer to the
detriment of his empIoyee. he must surrender it.
(2) Unjust enrichment is a materiaI benefit acquired through a performance which has no IegaI ground or
is based on a void act in Iaw.
(3) However. an empIoyer may onIy request an empIoyee to refund unjustIy paid-out amounts if the
empIoyee knew or must have known from the circumstances that the amount was incorrectIy determined
or paid out in error. and this request must be made within three years of the payment being made.
(4) The invaIidity (nuIIity) of an act in Iaw may not cause detriment to the empIoyee if its invaIidity was
not excIusiveIy caused by him: if the empIoyee suffers damage as the resuIt of such a void act. the
empIoyer is obIiged to compensate it.

Section 243a
Repealed

Contracts (Agreements)
Section 244
(1) A contract (an agreement) agreed in accordance with the reIevant Iabour provisions shaII be concIuded
as soon as the parties reach agreement on its terms.
(2) An offer (proposaI) to concIude a contract must be accepted within a period of time designated by the
offeror. If the period is not designated. the offer must be accepted immediateIy if the parties are directIy
negotiating: otherwise. it must be accepted without undue deIay. An offer is accepted at the moment when
its acceptance reaches the offeror.
(3) A contract shaII not be concIuded if the offer is accepted Iate. or if the other party requests changes:
such a manifestation is considered to constitute a new offer.
(4) UntiI an offer or the acceptance of it reaches the other party. the parties may withdraw their offers or
acceptance.
(5) In order to concIude a contract in writing. it shaII be sufficient if the offer and the acceptance are made
in writing. The parties' offer and acceptances do not have to be contained in the same document.

Section 245
(1) A party may onIy withdraw from a contract if this Code so provides or if the parties so agree.
(2) WithdrawaI from a contract invaIidates it from the beginning. unIess this Code provides otherwise or
the parties agree otherwise.
(3) A party which negotiated a contract on the basis of an erroneous fact which the other party must have
known about has the right to withdraw from the contract if the erroneous fact reIates to a circumstance
without which the contract wouId not have been concIuded.
(4) It shaII onIy be possibIe to withdraw from an empIoyment contract |section 33(2)| if the empIoyee did
not start work pursuant to such contract.

CHAPTER II
SECLRING RIGHTS AND OBLIGATIONS ENSLING FROM LABOLR
RELATIONS

Section 246
(1) An empIoyer can secure satisfaction of an entitIement (right) by an agreement on the deduction from
wages concIuded between him and his empIoyee: deductions from wages may not amount to more than in
the case of a writ of execution (Note 10). The agreement must be concIuded in writing. otherwise it is
void.
(2) The provisions of the preceding subsection shaII aIso appIy to other types of income which. in the case
of a writ of execution. may be treated in the same way as wages.

Section 247
(1) If an obIigation is incurred by an empIoyee to compensate damage to things of vaIue which were
entrusted to him. and which he is obIiged to account for. another individuaI may. by a written statement.
guarantee satisfaction of the empIoyer's cIaim. shouId it not be satisfied by the empIoyee.
(2) At the surety's (guarantor's) request. the empIoyer shaII inform the surety. at any time and without
undue deIay. of the amount of his cIaim.
(3) The surety is obIiged to satisfy the empIoyer's cIaim if the empIoyee did not do so. even though he
was caIIed upon to do so in writing by the empIoyer.
(4) A surety who satisfies an empIoyer's cIaim shaII be entitIed to require that the empIoyee reimburse the
payment which he made to the empIoyer.

Section 248
(1) The empIoyer's entitIement to compensation for damage to things of vaIue which were entrusted to a
specific empIoyee. and for which the empIoyee is accountabIe. and the empIoyer's entitIement to
compensation of damage which the empIoyee wiIfuIIy caused. may aIso be secured by a written contract
creating a mortgage on reaI estate owned by the empIoyee.
(2) For a contract pursuant to subsection (1) to be effective. it must be registered in the ReaI Estate
Cadastre (Land Registry). The mortgage shaII be estabIished on the day it is registered in the ReaI Estate
Cadastre. The proceedings on registration shaII commence on the basis of a petition fiIed by the empIoyer.
(3) As Iong as the mortgage endures. transfer of the reaI estate without the empIoyer's consent shaII be
void.
(4) The order and manner of satisfying entitIements secured by mortgage in the case of a writ of
execution shaII be subject to the CiviI Code.
(5) The mortgage on the reaI estate terminates when the entitIement pursuant to subsection (1) is satisfied.

CHAPTER III
TRANSFER OF RIGHTS AND OBLIGATIONS ENSLING FROM LABOLR
RELATIONS

Section 249
(1) Transfer of rights and obIigations ensuing from Iabour reIations may onIy occur in the cases stipuIated
in this Code or in other statutory provisions.
(2) In the event of an empIoyer's enterprise (undertaking) or its part being transferred to another
empIoyer. or if aII or some of the empIoyer's tasks or activities are transferred to another empIoyer. the
empIoyees' rights and obIigations ensuing from Iabour reIations shaII transfer to the fuII extent to the
empIoyer taking over the enterprise. its part or tasks (activities). For these purposes. the empIoyer's tasks
and activities¨ shaII in particuIar mean tasks reIating to output or services and simiIar activities which are
performed by a IegaI entity or an individuaI in his/its own name and at his/its own IiabiIity in faciIities or
premises determined for their performance (execution) in accordance with other statutory provisions. The
empIoyer taking over the enterprise¨ (or the taking-over empIoyer¨) shaII mean. irrespective of the IegaI
ground for such transfer and whether ownership rights are transferred. the IegaI entity or individuaI
regarded as being competent as an empIoyer (sections 8 and 8a) to continue fuIfiIment of the hitherto
empIoyer's tasks or activities or simiIar activities.
(3) The hitherto empIoyer's rights and obIigations to his empIoyees whose Iabour reIations were
terminated before or on the day of the transfer shaII remain unaffected. unIess other statutory provisions
stipuIate otherwise.

Section 250
(1) Before the transfer (transferance. transmission) of rights and obIigations (ensuing from Iabour
reIations) from the hitherto empIoyer to the empIoyer taking over the enterprise occurs. the hitherto
empIoyer and the empIoyer taking over shaII inform the competent trade union organization (organ. body)
or the works counciI of this fact and consuIt it in order to agree on the (proposed) date of the transfer. the
grounds for it. its IegaI. economic and sociaI consequences and the envisaged measures reIating to
empIoyees.
(2) If no trade union organization (organ. body) or works counciI has been estabIished at the empIoyer's
enterprise. or if it is not functioning. the hitherto empIoyer and the empIoyer taking over shaII directIy
inform the empIoyees who wiII be affected by the transfer and discuss with them the facts pursuant to
subsection (1).

Section 251
(1) If cIosure of the present empIoyer's entity is brought about by its division. the organ (body) which has
decided to divide it shaII aIso determine which of the newIy-constituted empIoyers (undertakings.
enterprises) shaII take over the hitherto empIoyer's rights and obIigations ensuing from Iabour reIations.
(2) If the empIoyer's enterprise is wound up. the organ (body) which has decided to wind it up shaII
determine which empIoyer shaII satisfy the entitIements of empIoyees of the wound-up empIoyer's
enterprise (undertaking) or who. as the case may be. shaII cIaim entitIements of the wound-up empIoyer's
enterprise (undertaking). If the winding-up is associated with Iiquidation. the procedure under other
statutory provisions (Note 23) shaII be foIIowed.
(3) If a transfer (transference) of empIoyer under section 249 occurs on expiry of the period for which
such empIoyer (undertaking) was estabIished or on fuIfiIment of the purposes for which the empIoyer was
estabIished. and if this empIoyer is directed by a superior organ |authority: section 272(3)|. the superior
organ (authority) shaII determine the empIoyer to whom the rights and obIigations (ensuing from Iabour
reIations) shaII transfer.

Section 251a
Upon the death of an empIoyer who is an individuaI. the rights and obIigations ensuing from Iabour
reIations shaII transfer to his heirs.

Section 251b
(1) If other statutory provisions (Note 40) stipuIate that an estabIishment beIonging to the State (i.e. an
organizationaI component of the State) is to be dissoIved on its merger or consoIidation with another
estabIishment beIonging to the state (i.e. another organizationaI component of the State). aII rights and
obIigations which ensue from Iabour reIations shaII transfer to the taking-over estabIishment.
(2) If other statutory provisions stipuIate that an estabIishment beIonging to the State is to be dissoIved on
the estabIishment's division. rights and obIigations ensuing from Iabour reIations shaII transfer to the
newIy constituted state-owned estabIishments (organizationaI components). Other statutory provisions
shaII determine which of the State's newIy constituted estabIishments shaII take over the rights and
obIigations ensuing from Iabour reIations terminated before the division of the (originaI) estabIishment.
(3) If other statutory provisions stipuIate that a state-owned estabIishment (organizationaI component)
shaII be constituted for a fixed term. the statutory provisions shaII aIso determine which estabIishment
(organizationaI component) shaII take over the rights and obIigations ensuing from Iabour reIations upon
dissoIution of the (originaI) estabIishment when the fixed term for its existence expires. If an
estabIishment which. by decision of its founder. is to be dissoIved on expiry of the fixed term for which it
was constituted. aII rights and obIigations ensuing from Iabour reIations shaII transfer to the founder.
unIess the founder decided that such rights and obIigations shouId be transferred to another state-owned
estabIishment founded by the same founder.

Section 251c
(1) If the statutory provisions (Note 40) stipuIate that a part of a state-owned estabIishment
(organizationaI component) is to be transferred to another state-owned estabIishment. rights and
obIigations ensuing from Iabour reIations which reIate to such part shaII transfer to the taking-over
estabIishment. If the founder of a state-owned estabIishment (organizationaI component) decides to amend
the estabIishment's founding deed and transfer a part of the estabIishment to another state-owned
estabIishment. rights and obIigations which ensue from Iabour reIations at the said part of the
estabIishment shaII transfer to the taking-over estabIishment.
(2) If rights and obIigations which ensue from the Iabour reIations of empIoyees at the part of a state-
owned estabIishment being transferred pursuant to subsection (1) were terminated before the transfer. the
rights and obIigations shaII be exercised by the existing estabIishment.

Section 251d
(1) If other statutory provisions (Note 40) stipuIate that a state-owned estabIishment (organizationaI
component) shaII be wound up. these statutory provisions shaII aIso determine the state-owned
estabIishment to which rights and obIigations ensuing from Iabour reIations at the wound-up estabIishment
shaII transfer. and which state-owned estabIishment shaII satisfy the entitIements of empIoyees of the
wound-up estabIishment. or. as the case may be. cIaim entitIements against the empIoyees.
(2) If a state-owned estabIishment (organizationaI component) is wound up by its founder's decision.
rights and obIigations ensuing from Iabour reIations shaII transfer from the wound-up estabIishment to the
founder. unIess the founder decides that such rights and obIigations shaII transfer to another state-owned
estabIishment founded by the same founder.

CHAPTER IV
DISCHARGE OF RIGHTS AND DLTIES ENSLING FROM LABOLR
RELATIONS

SatisIaction oI Entitlements
Section 252
(1) An entitIement is discharged when it is satisfied.
(2) An entitIement must be duIy and timeIy satisfied.

Section 253
(1) An entitIement must be satisfied at a pIace fixed by this Code or by agreement of the parties. If the
pIace of performance is not fixed in this way. it shaII be the home address or seat of the person whose
entitIement is to be satisfied.
(2) If the period of time for satisfaction of an entitIement is not stipuIated in the statutory provisions or
determined in a decision or agreed. the entitIement must be satisfied within three days of the day when the
entitIed party requested its satisfaction.
(3) If an entitIement is satisfied through the entity Iicensed to provide postaI services. or through a
banking institution. it is satisfied at the moment the payment is deIivered.
(4) If the nature of the performance so admits. such performance (fuIfiIment) may be put into the custody
of a court. if there are important reasons for such procedure. especiaIIy if the person concerned refuses to
accept performance (fuIfiIment) or is not present.

Section 254
(1) EmpIoyees and empIoyers shaII accept even part performance.
(2) If an empIoyer or an empIoyee is to satisfy severaI monetary cIaims and the performance is not
sufficient to settIe aII of them. the cIaim which is indicated as being settIed is regarded as satisfied: if this
is not done. the cIaim which matured earIiest shaII be satisfied first.

Section 255
(1) If an empIoyee offers satisfaction of an empIoyer's cIaim in instaIments. the empIoyer may permit the
empIoyee to satisfy the cIaim in adequate instaIments. If the empIoyee then pays the instaIments within the
agreed time-Iimits. these instaIments shaII be considered as timeIy and due performance (fuIfiIment).
(2) If the empIoyee does not fuIfiI some of the instaIments within the fixed time-Iimit. the empIoyer may
onIy ask for the satisfaction of the entire cIaim if this is agreed or determined in a finaI judgment.
However. the empIoyer may onIy exercise this right before the next instaIment becomes due.
(3) If performance in instaIments was agreed and if the empIoyee (subsequentIy) wants to satisfy the
entire cIaim at once. the empIoyer is obIiged to accept such performance from him.

Section 256
(1) A party which does not timeIy and duIy satisfy the other party's cIaim (entitIement) is in defauIt.
(2) A party whose pecuniary entitIement is not timeIy and duIy satisfied may. as a resuIt of the defauIt.
demand interest on the arrears as fixed for the reIations under the civiI Iaw (Note 11). If defauIt on
performance reIates to a specific thing. the party which faiIed to perform the obIigation timeIy and duIy
shaII be IiabIe for Ioss of the thing. damage to it or its destruction. unIess this damage wouId have occurred
anyway.
(3) DefauIt does not occur if the other party refused to accept timeIy and due performance (fuIfiIment). or
if it refused to provide the co-operation necessary for satisfaction of its cIaim (entitIement). If performance
reIates to a specific thing. the party shaII bear the risk of Ioss of the thing. its destruction or damage to it.

Section 257
(1) An empIoyer or an empIoyee whose cIaim is satisfied shaII issue a document confirming this fact. if
the party satisfying the cIaim so requests.
(2) If the party whose cIaim (entitIement) is to be satisfied refuses at the time of acceptance of its
performance to provide such confirmation. the person being ready to satisfy the cIaim may refuse to
satisfy it.

Section 258
Expiry oI Time-Limits
Rights and obIigations shaII terminate upon expiry of the period of time to which they were Iimited.

Section 259
Agreements on Disputed Claims
Parties may agree to adjust cIaims which are disputed between themseIves: the agreement must be in
writing. otherwise it shaII be void.

Section 260
Death oI an Employee
(1) An entitIement (a cIaim) to compensation for pain and aggravation of sociaI seIf-assertion (usefuIness)
shaII extinguish upon the death of the empIoyee.
(2) Other of the empIoyee's entitIements shaII not extinguish on his death: wage entitIements ensuing
from empIoyment reIationship up to an amount equaI to three times his average monthIy earnings shaII
pass. in sequence. directIy to his spouse. chiIdren and parents. if they Iived with him in one househoId at
the time of his death: if he had no reIatives of this kind. the entitIements shaII become part of his estate.
(3) An empIoyer's pecuniary entitIements (cIaims) extinguish upon the death of the empIoyee. with the
exception of entitIements which are the subject of a finaI (enforceabIe) judgment. or which the empIoyee
accepted before his death in writing in respect of the grounds and amounts. and entitIements to
compensate wiIfuI damage or Ioss of items entrusted to the empIoyee against a written receipt.

CHAPTER V
TIME-LIMITS AND PERIODS

Section 261
(1) An entitIement shaII become statute-barred if it is not cIaimed before a court within a time-Iimit
prescribed by this Code. Statute of Iimitations (negative prescription) shaII onIy be considered if the
person from whom the entitIement is cIaimed refers to it: in such circumstances a statute-barred cIaim may
not be granted to the other party.
(2) The entitIement of an empIoyee to compensation for Ioss of earnings due to an injury at work (an
industriaI injury) or occupationaI disease (sections 194 and 195). or other damage to his heaIth (section
187). and to reimbursement of expenses for the maintenance of survivors (section 199) shaII not become
statute-barred. However. cIaims regarding individuaI payments derived from these rights shaII become
statute-barred.
(3) If a party cIaims his entitIement before a court and duIy continues in the initiated proceedings. the
period of Iimitations shaII not run during the proceedings. The same shaII appIy to entitIements granted
under a finaI (enforceabIe) judgment and for which a writ of execution was proposed before the court.
(4) A right (entitIement) shaII extinguish (be discharged) if it is not cIaimed within the fixed time-Iimit
onIy in the circumstances stated in sections 46(3) and (4). 53(2). 54(2). 59(3). 60(4). 64 and 204(3). If
such a right is cIaimed after expiry of the fixed time-Iimit. the court shaII consider extinguishment of the
right. even if a party to the proceedings does not refer to this fact.

Section 262
(1) A time-Iimit shaII begin to run on the day when a right couId have been cIaimed for the first time.
(2) If performance (fuIfiIment) by instaIments was agreed. the time-Iimit for cIaiming entitIements to
individuaI instaIments shaII begin to run on the day they mature. If. as a resuIt of non-performance (non-
fuIfiIment) of any of the instaIments. the entire entitIement becomes payabIe. the time-Iimit shaII begin to
run on the day the unpaid instaIment was due.

Section 263
(1) UnIess this Code provides for otherwise. the time-Iimit for cIaiming a pecuniary entitIement shaII be
three years.
(2) The time-Iimit for cIaiming a pecuniary entitIement. recognized in writing in respect of its grounds
and amount by the person (party) obIiged to satisfy it. and entitIements secured by an encumbrance on the
transfer of reaI estate shaII be ten years. If recognition of the entitIement concerns recurring fuIfiIments.
the time-Iimit for cIaiming entitIement to individuaI fuIfiIments shaII be three years from their due date
(maturity).
(3) The time-Iimit for cIaiming an entitIement to compensation for damage (damages) shaII be two years:
it shaII begin to run on the day when the injured (aggrieved) party Iearns that it has suffered damage and
who is IiabIe for it. However. the entitIement to damages shaII become statute-barred if it is not cIaimed
within three years. unIess wiIfuI damage was invoIved. when the time-Iimit shaII be ten years after
occurrence of the event which Ied to the damage: this shaII not appIy where harm was caused to heaIth.
(4) If damage was caused bv a breach of legal dutv as a consequence of providing, offering or
promising a bribe (Note 11a) bv a person other than the aggrieved partv, or as a consequence of direct
of indirect demand of a bribe from the aggrieved partv (°corruption practices" or "corruption
conduct"), the right to claim compensation for such damage (i.e. damages) shall extinguish after three
vears of the dav when the aggrieved partv learned of the damage and of the person being liable
(accountable) for it, however no longer than 1b vears after the dav when the corruption practices
(conduct) occurred.

Section 264
(1) If a cIaim is upheId in a finaI enforceabIe ruIing (judgment) or affirmed conciIiation award. the party
whose cIaim shouId be satisfied must appIy for a writ of execution within ten years of the day when. in
accordance with the finaI ruIing or affirmed conciIiation award. the cIaim shouId be satisfied. In the case
of performance by instaIments. the time-Iimit for fiIing a petition seeking a writ of execution with regard
to individuaI instaIments shaII begin to run as of the day of their maturity. If as a resuIt of non-
performance (non-fuIfiIment) of any of the instaIments the entire cIaim becomes payabIe. a time-Iimit of
ten years shaII begin to run from the maturity date of the unpaid instaIment.
(2) CIaims to individuaI recurring fuIfiIments which are due on the basis of a finaI ruIing or an affirmed
conciIiation award shaII become statute-barred. if a petition for a writ of execution is not fiIed within three
years of the day of their maturity.
(3) If a party fiIes a petition for a writ of execution within the time-Iimits fixed in the preceding
subsections. the period of the proceedings on the writ of execution shaII not be incIuded in the running of
the time-Iimits.

Section 265
In the case of an empIoyee's cIaim or a cIaim against an empIoyee who is required to have a guardian.
the period when a guardian has not been appointed shaII not be incIuded in the running of the time-Iimit
for assertion of such cIaim.

Section 266
Time Calculations
(1) A time-Iimit shaII begin to run on the day foIIowing the event which is decisive for the start of the
period.
(2) The finaI day of a time-Iimit determined in weeks. months or years shaII faII on the day whose name
or the date whose number corresponds to the day on which the event which started the time-Iimit feII. If
there is no such day in the month. the Iast day in the month shaII be the Iast day of the time-Iimit. The term
one-haIf of a month¨ shaII be understood to mean 15 days.
(3) If the finaI day of a time-Iimit faIIs on a Saturday. Sunday or pubIic hoIiday. the foIIowing working
day shaII be the Iast day of the time-Iimit.
(4) Petitions to a court and written manifestations of wiII must be deIivered to (served on) the other
parties within the fixed time-Iimits. unIess this Code or the Iabour-Iaw provisions stipuIate otherwise.
(5) The provisions of the preceding subsections shaII not appIy to time-Iimits to which rights and
obIigations were restricted (section 258) or to other periods. on whose expiry the creation of rights and
duties are conditionaI: these time-Iimits shaII start to run on the first day and finish on the finaI day of the
fixed or agreed period.

Section 266a
Delivery oI Documents
(1) Documents of the empIoyer reIating to the creation and termination of an empIoyment reIationship or
creation. modification or termination of the obIigations of an empIoyee under his empIoyment contract
must be deIivered to the empIoyee personaIIy. This provision shaII simiIarIy appIy to documents on the
creation. modification and termination of rights and obIigations ensuing from agreements on work
performed outside of an empIoyment reIationship. The empIoyer shaII deIiver the documents to the
empIoyee at his workpIace or fIat (apartment). or wherever he can be found: if this is not possibIe. the
documents may be deIivered through the entity Iicensed for postaI services.
(2) Documents which are deIivered by the entity Iicensed for postaI services shaII be sent by the empIoyer
to the Iast address of the empIoyee known to the empIoyer by registered maiI. when deIivery shaII be
confirmed by a receipt which incIudes the words personaIIy deIivered¨.
(3) If an empIoyee to whom documents are to be deIivered (by registered maiI) is not present at his
address when the maiI is deIivered. even though he resides at the address. the documents shaII be Ieft at
the IocaI estabIishment (post office) of postaI services Iicence-hoIder or at the office of the IocaI authority
and the addressee shaII be suitabIy informed of this fact. The documents shaII be Ieft there for ten days.
The commencement of this period shaII be duIy marked on the enveIope. If the documents are not
coIIected by the empIoyee during the time-Iimit stated in the second sentence. the postaI services Iicence-
hoIder shaII return the enveIope containing the documents to the empIoyer with a note that the enveIope
couId not be deIivered. ShouId the empIoyee refuse to take deIivery of the enveIope (containing the
documents). this shaII be duIy noted on the enveIope by the postaI services Iicence-hoIder and the
enveIope shaII be returned to the empIoyer.
(4) The empIoyer's duty to deIiver a document is fuIfiIIed as soon as the empIoyee takes deIivery of the
document. or as soon as it is returned by the postaI services Iicence-hoIder to the empIoyer as
undeIiverabIe. if the empIoyee had frustrated deIivery of the document by his acts or omissions. The
consequences of deIivery shaII occur even if the empIoyee refuses to take deIivery of the document.

PART SIX
CONCLLDING PROVISIONS

Special Regulation oI the Employment Relationships oI Certain Employees
Section 267
(1) If the effective protection of state interests or important economic interests so requires. a government
decree may determine derogations from this Code in the case of an empIoyee sent abroad. regarding:
(a) his transfer (posting) to a workpIace abroad or recaII therefrom:
(b) the Iength of the prescribed weekIy working time. its scheduIing. work abroad on days of rest or its
remuneration. payment of wages (remuneration) and compensatory wages and reimbursement of
expenses in other than Czech currency:
(c) his taking up subsidiary empIoyment reIationships and concIuding agreements for work outside of the
empIoyment reIationship.
(2) EmpIoyment reIationships of empIoyees who do not work at their empIoyer's workpIace but who. in
accordance with the terms of their empIoyment contract. perform the work agreed with the empIoyer at
home during working hours which they scheduIe themseIves (hereafter home workers¨) shaII be
reguIated by this Code. with these exceptions:
(a) the provisions on the scheduIing of prescribed weekIy time and on the interruption at work due to
breakdowns shaII not appIy:
(b) in the case of serious personaI impediments to work. home workers are not entitIed to compensatory
wages from the empIoyer:
(c) they are not entitIed to a premium (bonus) for overtime work. work on pubIic hoIidays or to other
wage components determined in the provisions on wages.
(3) A government decree may determine other exceptions in the case of home workers. where these are
necessitated by differences in their working conditions. or determine that. in the case of certain serious
personaI impediments to work. they are entitIed to compensatory wages from their empIoyer.

Sections 267a and 268
Repealed

Section 269
Spouses may not enter into a Iabour reIations with each other.

Section 270
(1) The provisions of sections 154. 155 and 156(1) and (2) shaII aIso appIy to an empIoyee permanentIy
Iooking after a chiId.
(2) The provisions of sections 53(3). 154(2) and 156(2) shaII aIso appIy to an empIoyee who proves that
he usuaIIy on his own provides Iong-term care for a mostIy or compIeteIy bedridden person.

Sections 270a and 270b
Repealed

DeIinition oI Terms
Section 271
Danger of an occupationaI disease¨ shaII mean changes in an empIoyee's state of heaIth which were
caused during his performance of work by his exposure to adverse conditions under which occupationaI
diseases (Note 11b) arise. whiIe such changes do not represent such harm to his heaIth as to be deemed an
occupationaI disease. but further performance of work in the same conditions wouId resuIt in him
contracting an occupationaI disease. A medicaI report on the danger of an occupationaI disease shaII be
issued by the competent heaIth care faciIity (Note 11c). A government decree may determine which
changes in the state of heaIth of an empIoyee shaII be regarded as representing the danger of an
occupationaI disease.

Section 272
(1) Statutory provisions. Iabour-Iaw provisions. speciaI and wage provisions (reguIations)¨ referred to in
this Code shaII mean provisions (reguIations) which are generaIIy binding. For the purposes of section
27(4). when an authority (organ. body) superior to an empIoyer appoints a senior manageriaI empIoyee to
a position. this shaII aIso mean any appointment to a position based on a Government resoIution.
(2) Regarding the issue of Iabour-Iaw provisions reguIations. when this Code refers to centraI
authorities¨. it shaII mean the centraI authorities of the state administration.
(3) For the purposes of this Code. the term a superior organ¨ (superior body¨ or superior authority¨)
shaII mean those authorities which under other statutory provisions are authorized to inspect empIoyers'
performance of their tasks.
(4) For the purposes of this Code. the terms competent trade union organization (body. organ)¨.
competent higher trade union body (organ)¨. or competent centraI trade union body (or organ)¨ shaII
mean the organ authorized to act on behaIf of such trade union organization in matters of IegaI reIations:
the term competent centraI trade union body (organ)¨ shaII mean the organ authorized to act on behaIf of
the reIevant federation of trade union organizations in matters of IegaI reIations (Note 29).

Section 273
(1) Statutory provisions and other reguIations on safety and the protection of heaIth at work¨ shaII mean
provisions or reguIations on the protection of Iife and heaIth and on hygiene and epidemics. reguIations on
the safety of equipment and standards (norms). buiIding reguIations. transport reguIations. fire prevention
reguIations. and reguIations on the handIing of fIammabIes. expIosives. weapons. radioactive materiaIs.
chemicaI substances and chemicaI preparations and other materiaIs harmfuI to heaIth. to the extent that
they reguIate issues reIating to the protection of Iife and heaIth.
(2) Instructions safeguarding safety and the protection of heaIth at work shaII be specific instructions
given to an empIoyee by his superior for this purpose.

Section 274
(1) SingIe persons¨ shaII be understood to mean unmarried. widowed or divorced women. unmarried.
widowed or divorced men. as weII as women and men who are singIe for other good reasons. if they do
not Iive with a common-Iaw husband or wife.
(2) AdoIescent empIoyees¨ shaII mean empIoyees under 18 years of age.
(3) The FamiIy Act shaII determine which person can be the Iegitimate representative of an adoIescent
empIoyee.

Section 275
Average Earnings
(1) The determination and appIication of average earnings shaII be subject to another Act (Note 32).
(2) For the purposes of Iabour Iaw. an empIoyee's average earnings¨ shaII mean his average gross
earnings. unIess Iabour-Iaw provisions stipuIate otherwise.
(3) When average monthIy net earnings are to be ascertained for the purposes of pecuniary payments in
accordance with the generaIIy binding statutory provisions. average monthIy net earnings shaII be
computed on the basis of average monthIy gross earnings (Note 32) by deducting advance payments of
personaI income tax (Note 26). statutory sociaI security and state empIoyment poIicy contributions (Note
27). generaI heaIth insurance contributions (Note 28). caIcuIated according to the conditions and rates
which appIy to the empIoyee in the month for which his net earnings are to be ascertained.

Transitory Provisions
Section 276
(1) Labour reIations originating prior to 1 January 1966 shaII aIso be considered in accordance with this
Code. unIess further provided for otherwise.
(2) EntitIements ensuing from an empIoyment reIationship untiI 31 December 1965 and acts in Iaw
concerning the modification or termination of an empIoyment reIationship. if such acts in Iaw were
undertaken before 1 January 1966 and their IegaI effects (even if due after this date) were reIated to such
an empIoyment reIationship. shaII be considered in accordance with the statutory provisions which were
then in effect: however. the vaIidity of the estabIishment of an empIoyment reIationship agreed in an
empIoyment contract shaII aIways be considered pursuant to this Code.
(3) In the case of empIoyees whose empIoyment reIationship was hitherto subject to the Act on
EmpIoyment and Pay Conditions of State EmpIoyees. No. 66/1950 CoII.. the kind of work which
corresponds to the function to which they were appointed on a Iong-term basis before 1 January 1966 shaII
be considered as their agreed type (kind) of work: the same shaII appIy to the pIace where their work is
performed.
(4) Breaches of work discipIine which occurred before 1 January 1966 shaII be considered pursuant to
this Code. if a decision to impose discipIinary measures has not yet come into effect. The provisions of
section 79(2). however. shaII aIso appIy to discipIinary measures imposed prior to that day.

Section 277
(1) Labour disputes in respect of which proceedings were initiated before 1 January 1966 shaII be
considered and decided by the authority which is competent according to the statutory provisions then in
effect.
(2) In the case of initiated Iabour disputes which were hitherto considered under Government Decree No.
120/1950 CoII. (on the rights and obIigations of state empIoyees. proceedings in matters of their
empIoyment reIationship. and arbitration tribunaIs. as amended by Government Decree No. 12/1961
CoII.). the procedure shaII be as foIIows:
(a) if the personneI office does not uphoId objections as fiIed. it wiII pass them to the authority which.
under this Code. is competent to deaI with disputes:
(b) bodies (authorities) with which compIaints and appeaIs were fiIed shaII pass those which were not
finaIIy decided by 31 December 1965 to the competent district court which shaII consider them.
(3) If the state prosecutor proposes to annuI a finaI ruIing issued on a Iabour dispute under the preceding
subsection because it is contrary to the statutory provisions. the centraI committee of the competent trade
union federation (association) wiII make a decision to annuI it. After it annuIs such a ruIing. it shaII refer
the dispute to the competent court.

Section 278
(1) Time-Iimits which started to run before 1 January 1966 shaII be considered. untiI the termination of
those time-Iimits. under the statutory provisions hitherto in force.
(2) Periods of Iimitation which started to run before 1 January 1966 shaII be considered pursuant to the
statutory provisions in force untiI that time. If. however. this Code sets for the assertion of an entitIement a
period which is shorter than that under the hitherto effective statutory provisions. the period (time-Iimit)
shaII end Iatest on 31 December 1966. A time-Iimit for asserting the invaIidity of severance of an
empIoyment reIationship shaII end no Iater than three months after this Code comes into force. After the
expiry of the said periods (time-Iimits). the entitIements concerned shaII extinguish.
(3) An entitIement to compensation for damage that was intentionaIIy caused. and from which the
offender gained a materiaI benefit. expires at the end of a ten-year period. starting from the day when the
originaI period of Iimitation began to run.

Section 279
Repealing Provisions
(1) The foIIowing are hereby repeaIed:
1. Chapter XXVI of the GeneraI CiviI Code promuIgated on 1 June 1811. as amended:
2. The Trades Licensing RuIes No. 227/1859 I.L. (ImperiaI Laws). as amended:
3. Act No. 115/1884 I.L.. on empIoying adoIescent workers and women. on daiIy working hours and
on Sunday rest from mining. as amended:
4. Act No. 21/1895 I.L.. which reguIates Sunday and hoIiday rest for the trades. as amended:
5. Decree No. 160/1906 I.L.. on the servicing of machinery on maritime steamships of the merchant
fIeet:
6. Decree No. 180/1908 I.L.. on the reguIation of working conditions for empIoyees in Iead and zinc
works:
7. Act No. 9/1914 I.L.. on the service contracts of persons appointed in farming and forestry
enterprises to service in higher grades (Act on CiviI Servants):
8. Decree No. 206/1914 I.L.. which suppIements the provisions on the servicing and supervision of
steam boiIers and steam engines:
9. Act No. 91/1918 CoII.. on the eight-hour working day:
10. Decree No. 11/1919 CoII.. issuing reguIations impIementing the Act on the eight-hour working
day:
11. Act No. 420/1919 CoII.. on chiId Iabour:
12. Act No. 29/1920 CoII.. reguIating the empIoyment and wage reIations for domestic work. as
amended by Government Decree No. 44/1951 CoII.:
13. Decree No. 499/1921 CoII.. on the reguIation of working hours in pharmacies:
14. Act No. 244/1922 CoII.. generaIIy reguIating IegaI reIations between empIoyers and empIoyees in
SIovakia. as amended by Act No. 217/1924 CoII.:
15. Act No. 137/1924 CoII.. issuing reguIations on the protection of Iife and heaIth of persons
empIoyed in the trades of housepainting. varnishing and artistic painting:
16. Trades Licensing Act for SIovakia No. 259/1924 CoII.. as amended by modifying and
suppIementing statutory provisions:
17. Provisions of Part Two of Government Decree No. 15/1927 CoII.. reguIating saIary and other
service conditions for empIoyees of the CzechosIovak State RaiIways:
18. Government Decree No. 16/1927 CoII.. on service and saIary conditions for craft empIoyees in the
technicaI construction and maintenance service and in automobiIe operation for the CzechosIovak
PostaI Service. as amended by Decrees No. 111/1945 CoII.. No. 140/1946 CoII. and No. 220/1946
CoII.:
19. Act No. 39/1928 CoII.. on the protection of the domestic Iabour market:
20. Act No. 154/1934 CoII.. on the empIoyment reIationships of private cIericaI empIoyees. business
assistants and other empIoyees in simiIar positions (Act on Private EmpIoyees):
21. Act No. 189/1936 CoII.. on empIoyment reIationship of editors:
22. sections 62. 80(1) and 146(2) of Government Decree No. 41/1938 CoII.. issuing generaI
reguIations for the protection of the Iife and heaIth of Iabourers:
23. Act No. 333/1939 SIovak Laws. on empIoying foreigners:
24. section 6 of Decree No. 181/1940 CoII.. issuing reguIations for the protection of the Iife and heaIth
of empIoyees working in air compression:
25. Decree No. 261/1942 CoII.. on domestic work. as amended by Decree No. 76/1944 CoII.:
26. Government Decree No. 15/1945 CoII.. on notification of empIoyment reIationship and its
termination:
27. Decree No. 71/1945 CoII.. on the working duties of persons who have Iost CzechosIovak
citizenship:
28. Decree No. 88/1945 CoII.. on generaI working duties:
29. Decree No. 652/1945 U.I.. governing Iabour-Iaw matters reIating to the impIementation of
measures to acceIerate the Ioading and unIoading of vehicIes and vesseIs:
30. Act No. 29/1946 CoII.. introducing work identity documents:
31. Act No. 177/1946 CoII.. on the reguIation of working hours in bakeries:
32. Decree (ReguIation) No. 184/1946 CoII.. on the issuance of work identity documents and
appIications for sickness insurance. as amended by Decree No. 198/1948 CoII.:
33. Act No. 16/1947 CoII.. on Iodging and other provisions for empIoyees on confiscated agricuIturaI
Iands and their famiIy members:
34. Act No. 45/1947 CoII.. on working hours in mining industry:
35. Act No. 103/1947 CoII.. making the trade of bIowing technicaI gIass a skiIIed craft:
36. Act No. 110/1947 CoII.. making the vuIcanizing trade a skiIIed craft:
37. Act No. 244/1948 CoII.. on the state's wage poIicy:
38. Decree (ReguIation) No. 1153/1948. reguIating working and wage conditions for bakery
empIoyees:
39. Act No. 4/1949 CoII.. on Iabour reIations of caretakers:
40. Government Decree No. 40/1949 CoII.. making empIoyment in certain kinds of work in raiIway-
managed workshops and autoshops equaI to training at an apprentice schooIs:
41. Act No. 234/1949 CoII.. on reimbursement of traveIIing. moving and other expenses:
42. Government Decree No. 278/1949 CoII.. reguIating the amount of certain reimbursements in
accordance with the Act on reimbursement of traveIIing. moving and other expenses:
43. sections 3 to 10 of Act No. 64/1950 CoII.. on sociaI security for persons drafted into service with
the armed forces and for their famiIy members. as amended by IegisIative measures of the
Presidium of the NationaI AssembIy No. 43/1956 CoII.:
44. Act No. 66/1950 CoII.. on empIoyment and wage conditions for state empIoyees. as amended by
IegisIative measures of the Presidium of the NationaI AssembIy No. 60/1956 CoII.:
45. Act No. 67/1950 CoII.. on empIoyment and wage conditions of career judges. procurators and
judiciaI trainees (Judiciary Act):
46. sections 6(3) and (4). 17. 18. 20. 23. 25 and 26 of Government Decree No. 68/1950 CoII.. issuing
wage reguIations for administrative empIoyees. amended under Government Decree No. 38/1953
CoII.:
47. Government Decree No. 102/1950 CoII.. which provides for the coming into force of the Act on
reimbursement of traveIIing. moving and other expenses:
48. Government Decree No. 115/1950 CoII.. on empIoyment and wages conditions and pensions of
former seIf-governed state empIoyees transferred to nationaI or communaI enterprises. insofar as it
reguIates empIoyment and wage conditions:
49. Government Decree No. 120/1950 CoII.. on the rights and duties of state empIoyees. on
proceedings in matters of their empIoyment reIationship and on arbitration commissions. as
amended by Government Decree No. 12/1961 CoII.:
50. sections 4 to 8 of Government Decree No. 131/1950 CoII.. impIementing the act on sociaI security
for persons drafted into service with the armed forces and for their famiIy members. as amended
by Government Decree No. 18/1953 CoII.:
51. section 12(2) of the CiviI Code. No. 141/1950 CoII.:
52. Government Decree No. 19/1951 CoII.. on the adjustment of working hours in order to ensure
continuous transportation of empIoyees and the suppIy of eIectricity. gas and steam heating. as
amended by Government Decree No. 30/1959 CoII.:
53. section 6 of Act No. 93/1951 CoII.. on state (pubIic) hoIidays. days of rest and commemorative
and significant days:
54. Government Decree No. 39/1952 CoII.. prohibiting the acceptance of empIoyees into empIoyment
if they have not properIy severed their previous empIoyment reIationship:
55. sections 3. 16. 19. 20 and 21 of Government Decree No. 17/1954 CoII.. on wage conditions of
empIoyees in state authorities. as amended by IegisIative measures of the Presidium of the
NationaI AssembIy. No. 60/1956 CoII.:
56. section 6(1)(a) and (2) of Government Decree No. 44/1954 CoII.. on pubIic transportation
organizations within the Ministry of Transportation responsibiIity:
57. Decree No. 77/1954. on wage compensation of empIoyees for days of rest and remuneration for
work on those days:
58. Decree No. 124/1954. governing Iabour matters concerning apprentices and the preparation of
adoIescents for an occupation in empIoyment reIationship with a factory:
59. ReguIation No. 213/1955. on the termination of certain empIoyment reIationships without the
consent of the Workforce Section of the CounciI of the District NationaI Committee:
60. LegisIative Measure of the Presidium of the NationaI AssembIy No. 26/1956 CoII.. on the
unification of discipIinary reguIations within the responsibiIity of the Ministry of
Communications:
61. sections 13 to 15 of the LegisIative Measure of the Presidium of the NationaI AssembIy. No.
30/1956 CoII.. on the reguIation of wage conditions of teachers and instructors:
62. sections 15 to 17 and sections 20 to 22 of the LegisIative Measures of the Presidium of the
NationaI AssembIy. No. 31/1956 CoII.. on the reguIation of wage conditions of heaIth care
empIoyers:
63. Act No. 45/1956 CoII.. on the shortening of working hours:
64. section 50(2) and (3) of Act No. 54/1956 CoII.. on empIoyees' sickness insurance:
65. Act No. 24/1957 CoII.. on discipIinary proceedings for the misappropriation and damaging of
property in sociaIist ownership. and impIementing guideIines No. 136/1958:
66. section 14 of Act No. 70/1958 CoII.. on the tasks of enterprises and nationaI committees in the
area of weIfare of the Iabour force:
67. Act No. 71/1958 CoII.. on the obIigation to compensate damage caused by empIoyees through a
breach of duties arising from empIoyment reIationship:
68. sections 1 to 23 of Act No. 89/1958 CoII.. Apprenticeship Act:
69. Decree No. 15/1958. on the termination of certain empIoyment reIationship without the consent of
the Workforce Section of the CounciI of the District NationaI Committee:
70. Decree No. 165/1958. on the materiaI IiabiIity of empIoyees in business:
71. Act No. 81/1959 CoII.. on paid Ieave:
72. Decree No. 82/1959 CoII.. impIementing certain provisions of the Act on paid annuaI Ieave:
73. Government Decree No. 40/1959. on the assignment of work and services to individuaIs by
sociaIist organizations:
74. Decree No. 184/1959. issuing guideIines for resoIving Iabour disputes in factories:
75. Government Decree No. 28/1960 CoII.. on empIoyees' suppIementary annuaI Ieave:
76. Decree No. 135/1960 CoII.. issuing a Iist of certain types of work and workpIaces in respect of
mpIoyees' suppIementary annuaI Ieave:
77. Decree No. 13/1961 CoII.. issuing guideIines for arbitration in the Iabour disputes of state
empIoyees:
78. Act No. 65/1961 CoII.. on safety and heaIth protection at work:
79. LegisIative Measures of the Presidium of the NationaI AssembIy No. 101/1961 CoII.. on
compensatory wages in the case of miIitary training:
80. Decree No. 98/1962 CoII.. on empIoyment reIationship. the performance of service. and the
discipIinary responsibiIity of members of pubIic firefighting units:
81. sections 1 and 9 to 13 of Act No. 58/1964 CoII.. on improved care for pregnant women and
mothers:
82. Act No. 30/1965 CoII.. on compensation for injuries at work and occupationaI diseases:
83. Decree No. 31/1965 CoII.. impIementing certain provisions of the Act on compensation for
injuries at work and occupationaI diseases:
(2) Wage reguIations. reguIations on the provision of compensation in cases of work impediments for
reasons of the pubIic interest. and reguIations on ensuring safety and heaIth protection at work which were
not repeaIed under the preceding subsection. remain in force. provided that they are not contrary to this
Code.
(3) Provisions and reguIations which reguIate the Iength of working time for empIoyees more favourabIy
than does section 83 of this Code shaII remain in effect.

Section 280
EIIective Date
This Code (No. 65/1965 CoII.) shaII come into effect on 1 January 1966.
(Act No. 88/1968 CoII. came into effect on 1 JuIy 1968:
Act No. 153/1969 CoII. came into effect on 1 January 1970:
Act No. 100/1970 CoII. came into effect on 1 January 1971:
Act No. 20/1975 CoII. came into effect on 1 JuIy 1975:
Act No. 72/1982 CoII. came into effect on 1 JuIy 1982:
Act No. 111/1984 CoII. came into effect on 1 January 1985:
Act No. 22/1985 CoII. came into effect on 9 ApriI 1985:
Act No. 52/1987 CoII. came into effect on 1 JuIy 1987:
Act No. 98/1987 CoII. came into effect on 1 January 1988:
Act No. 188/1988 CoII. came into effect on 1 January 1989:
Act No. 3/1991 CoII. came into effect on 1 February 1991:
Act No. 297/1991 CoII. came into effect on 1 JuIy 1991:
Act No. 231/1992 CoII. came into effect on 29 May 1992:
Act No. 264/1992 CoII. came into effect on 1 January 1993:
Act No. 590/1992 CoII. came into effect on 1 January 1993:
Act No. 37/1993 CoII. came into effect on 1 January 1993:
Act No. 74/1994 CoII. came into effect on 1 June 1994:
Act No. 118/1995 CoII. came into effect on 1 October 1995:
Act No. 287/1995 CoII. came into effect on 1 January 1996:
Act No. 138/1996 CoII. came into effect on 24 May 1996:
Act No. 167/1999 CoII. came into effect on 1 October 1999:
Act No. 225/1999 CoII. came into effect on 1 December 1999:
Act No. 29/2000 CoII. came into effect on 1 JuIy 2000:
Act No. 155/2bbb Coll. came into effect on 1 January 2001. apart from those provisions taking force
on the Czech Republic's accession to the EU,
Act No. 220/2000 CoII. came into effect on 1 January 2001:
Act No. 238/2000 CoII. came into effect on 1 January 2001:
Act No. 257/2000 CoII. came into effect on 1 January 2001:
Act No. 258/2000 CoII. came into effect on 1 January 2001.
Act No. 177/2001 CoII. came into effect on 31 May 2001:
Act No. 6/2002 Coll. came into eIIect on 1 April 2002;
Act No. 136/2bb2 Coll. shall come into effect on 1 1anuarv 2bb3,
Act No. 202/2002 Coll. came into eIIect on 1 Tuly 2002;
Act No. 218/2bb2 Coll. shall come into effect on 1 1anuarv 2bb4,
Act No. 3b9/2bb2 Coll. shall come into effect on 1 1anuarv 2bb4,
Act No. 311/2bb2 Coll. shall come into effect on 1 1anuarv 2bb3,
Act No. 312/2bb2 Coll. shall come into effect on 1 1anuarv 2bb3.ì


Article II oI Act No. 155/2000 Coll.
Transitory Provisions

1. This Act (No. 155/2000 CoII.) shaII aIso appIy to Iabour reIationships estabIished before 1 January
2001 and to agreements on work performed outside of an empIoyment reIationship which were concIuded
before 1 January 2001. unIess it is further stipuIated otherwise: however. their creation and the
entitIements therefrom. as weII as acts in Iaw undertaken before 1 January 2001. shaII be subject to the
hitherto effective provisions.
2. The provisions on Iarge-scaIe redundancies shaII not be appIied if acts in Iaw to terminate empIoyment
reIationships were undertaken before 1 January 2001.
3. Labour provisions (reguIations) issued by a centraI authority before the effective day of this Act under
sections 85. 85a. 90(3). 95(2). 96(3) and 102(7)(second sentence) shaII remain effective untiI 31
December 2000.
4. A wage. which an empIoyer has determined or agreed in an empIoyment contract or in another
agreement or in a coIIective bargaining agreement before 1 January 2001. may not be reduced due to a
change in the prescribed weekIy working time (section 83a): this shaII aIso appIy to a compensatory wage
and an empIoyee's other entitIements estabIished on the basis of his average hourIy earnings in the first
quarter of 2001.
5. The period for taking additionaI maternity Ieave shaII. from the effective date of this Act. be regarded as
the time for taking parentaI Ieave.

Sections 248 and 249 oI Act No. 218/2002 Coll.
(effective as of 1 1anuarv 2bb4)

Section 248
Section 13 of Government Decree No. 1b8/1994 Coll., implementing the Labour Code and Some
Other Acts, as amended bv Government Decree No. 461/2bbb Coll. shall applv until the issue of a
Government Decree implementing section 151(2).

Section 249
Rights and duties (obligations) ensuing from emplovment relationships of hitherto emplovees who
became public servants under sections 236(1), 237(1), 238(5), 239(3), 242 and 243(1) shall be governed
bv the labour-law provisions.



Notes:
Note 1: section 226 of the CommerciaI Code
Note 1a: Act on Public Servants, No. 218/2bb2 Coll.
Note 1b: sections 21(3) and 22 of the Act on Public Servants
Note 2: Act No. 173/1988 CoII.. on enterprises with foreign capitaI interest (repealed by the
Commercial Codeì
Note 3: Act No. 116/1985 CoII.. on the conditions appIying to activities of organizations with an
internationaI eIement in the Czech and SIovak FederaI RepubIic
Note 4: sections 23 and 64 of Act No. 29/1984 CoII.. on the system of basic and secondary schooIs (the
SchooIs Act). as amended
Note 4a: section 16(3) of the Act on Wages. Remuneration for Stand-by and Average Earnings. No.
1/1992 CoII.
Note 5: section 4(1) of Act No. 98/1987 CoII.. concerning speciaI aIIowances for miners. as amended
Note 6: repeaIed
Note 7: repeaIed
Note 8: section 11 of Act No. 37/1989 CoII.. on protection from aIcohoIism and other addictions
Note 9: repeaIed
Note 10: section 278 of the CiviI Procedure Code. No. 99/1963 CoII.. as amended
Note 11: section 1(1) of Decree No. 45/1964 CoII. (repealed by Decree No. 1!2´199! Coll.ì
Note 11a: section 162a(1) of the Criminal Code
Note 11b: Decree No. 342/1997 Coll.
Note 11c: Decree No. 29b/1995 Coll.
Note 12: repeaIed
Note 13: section 9 of the State Enterprise Act. No. 111/1990 CoII. (Act No. 111´1990 Coll. was repealed
by Act No. 77´1997 Collì:
Decree of the FederaI Ministry of Finance. the Czech Ministry of Finance. Prices and Wages
and the SIovak Ministry of Finance. Prices and Wages on the fund for cuIturaI and sociaI
needs. No. 210/1989 CoII. (repealed by Decree No. 310´1995 Coll.ì
Note 14: CoIIective Bargaining Act No. 2/1991 CoII.. as amended
Note 15: e.g. section 2 of the CommerciaI Code:
section 2 of the Trades Licensing Act
Note 16: Act on CiviIian Service. No. 73/1990 CoII. (repealed by Act No. 18´1992 Coll.ì
Note 16a: Act on Officials of Self-Governing Areas, No. 312/2bb2 Coll.
Note 16b: section 3(2) and (7) of the Act on the Armed Forces of the Czech Republic
Note 17: SchooIs Act. No. 29/1984 CoII.:
Universities Act. No. 111/1998 CoII.
Note 17a: section 2 of Decree No. 31/1993 CoII.
Note 17b: section 16(1) of the Czech NationaI Bank Act
Note 17c: section 13 of Act No. 1/1992 CoII.
Note 18: repeaIed
Note 19: repeaIed
Note 20: e.g. section 54 of the CzechosIovak State Bank Act. No. 22/1992 CoII. (repealed by Act No.
6´1993 Coll. on the Czech National Bankì
Note 20a: Act on Certain Measures ReIating to Protection of PubIic Interest. No. 238/1992 CoII.. as
amended
Note 20b: section 40(1) of Government Decree No. 108/1994 CoII.
Note 21: repeaIed
Note 22: repeaIed
Note 23: e.g. CommerciaI Code:
Bankruptcy and Composition Act. No. 328/1991 CoII.. as amended
Note 24: section 15(1)(first sentence) of the EmpIoyees' Sickness Insurance Act. No. 54/1956 CoII.. as
amended
Note 24a: e.g. Decree No. 324/1990 CoII.
Note 24b: e.g. Decree No. 48/1982 CoII.. as amended
Note 24c: Act No. 20/1966 CoII.. as amended
Note 24d: e.g. Act No. 37/1989 CoII.. as amended:
Decree No. 213/1991 CoII.
Note 24e: Decree No. 172/1997 CoII.
Note 24f: GuideIines concerning the Provision of Protective Beverages
Note 24g: e.g. Decree No. 42/1985 CoII.:
Decree No. 26/1989 CoII.. as amended
Note 24h: Act No. 98/1987 CoII.. as amended
Note 24i: Decree No. 213/1991 CoII.
Note 24j: Decree No. 261/1997 CoII.. as amended:
GuideIines concerning Hygienic Requirements for Stationery Machinery
Note 24k: Act No. 167/1998 CoII.. as amended
Note 24I: e.g. Act No. 61/1988 CoII. as amended:
Act No. 174/1968 CoII.. as amended:
Act No. 186/1992 CoII.. as amended
Note 25: repeaIed
Note 26: Income Taxes Act. No. 586/1992 CoII.. as amended:
Administration of Taxes Act. No. 337/1992 CoII.. as amended
Note 27: SociaI Security and State EmpIoyment PoIicy Contributions Act. No. 589/1992 CoII.. as
amended
Note 28: GeneraI HeaIth Insurance Contributions Act. No. 592/1992 CoII.. as amended
Note 29: Act on Citizens' Association. No. 83/1990 CoII.
Note 30: section 11 of the CiviI Code. No. 40/1964 CoII.:
Act on the Protection of PersonaI Data in Information Systems. No. 256/1997 CoII.
Note 30a: section 200x of the CiviI Procedure Code
Note 3bb: section 21 of the Commercial Code
Note 31: repeaIed
Note 32: section 17 of Act No. 1/1992 CoII.. on Wages. Remuneration for Stand-By and Average
Earnings. as amended
Note 33: repeaIed
Note 34: Act on Wages. Remuneration for Stand-By and Average Earnings. No. 1/1992 CoII.. as
amended:
Act on SaIary and Remuneration for Stand-By in Budgetary and in some Other Organizations.
No. 143/1992 CoII.. as amended
Note 35: TraveIIing Expenses Reimbursement Act. No. 119/1992 CoII.. as amended
Note 36: repeaIed
Note 37: e.g. the Trades Licensing Act
Note 38: section 24(2)(j)(point 4) of the Income Taxes Act
Note 38a: section 7(12) of Act No. 117/1995 CoII.
Note 39: e.g. section 11 of the CiviI Code
Note 40: section 3 of Act No. 219/2000 CoII.