NOVELIZATON OF THE CZECH LABOUR CODE 2020 - part three
As of 30th July 2020 the novelization of the Czech Labour Code (Act No. 262/2006 Coll.), published in the Collection of Laws on 26th June 2020 under No. 285/2020 Coll., became effective.
The amendment introduces in particular a new legal regulation of the delivery of documents, further specification of the regulation of the transfer of rights and obligations arising from the labour relations and new conditions for the posting of workers to EU Member States in accordance with the European legislations.
New conditions for posting workers to the EU
The new legislation is a transposition of the Directive (EU) 2018/957 of the European Parliament and of the Council of 28 June 2018 amending Directive 96/71/EC concerning the posting workers in the framework of the provision of services. The novelization is reflected not only in the Labour Code, but also in the Act No. 435/2004 Coll., on Employment, and Act. No. 521/2005 Coll., on Labour Inspection. The deadline for the transposition was set as of 30th July 2020.
The changes affect employees of the employer from another EU Member State who are posted to perform work in the framework of the transnational provision of services in the Czech Republic, and consist mainly of:
- Extension of working and wage conditions which the employer is obliged to provide to the posted employee: in addition to the right to the minimum wage, the relevant minimum level of guaranteed wage and overtime premiums, the posted employee shall be newly entitled to:
- all other mandatory wage supplements (premiums for night work, for work on public holiday, on Saturdays and Sundays or for work in difficult working environment),
- reimbursement of travel expenses in the event that the posted employee is further sent on a business trip outside the regular workplace of work in the Czech Republic,
- accommodation conditions that correspond to the standard set for the accommodation facility by the relevant (construction and hygienic) legal regulations (in case the employer provides the accommodation to the posted employee).
- Regulation of the long-term posting, i.e. posting of employees for a period exceeding 12 months. After the expiration of this period, the rights of posted employees are extended so that they have the same working conditions as domestic employees; however, they are not subject to the regulation of commencement, changes and termination of the employment. In order to prevent circumvention of long-term posting, it is expressly laid down that, if one employee is replaced by another while performing the same work tasks at the same place, their posting periods are added together for the purposes of assessing the long-term posting. If the posting employer notifies the respective Labour Office of the Czech Republic in writing before the expiration of 12 months, the period of posting may be extended to 18 months.
- Introduction of an information obligation of an user toward an employment agency, if it sends an agency employee to perform work within the transnational provision of services. In such a case, the user is obliged to inform the employment agency in advance of the workplace in another EU Member State, work tasks, the date of commencement of work, the expected time of posting and also whether the posted worker replaces another posted worker.
- Introduction of information and other obligations of a posting employer toward the Czech authorities. The posting employer is obliged to inform the relevant Czech Labour Office about the posting of an employee on the territory of the Czech Republic, at the latest on the day of commencement of the work. It is also obliged to have records of posted employees and documents proving their employment at the workplace in the Czech Republic.