Amendments to the Czech Labour Code

At a glance

• The new amendments to the Czech Labour Code have been adopted and published in the collection of laws under No.281/2023.

The amendments take effect primarily from 1 October 2023, with some aspects taking effect from 1 January 2024. An overview of the most important changes is set out below. 

Teleworking

The main changes have an impact on teleworking. This was a response to the growing trend of employees working from home. Employees who telework must have a written agreement with their employer (for employees who are already teleworking by 1 November 2023 at the latest).

Employers need to think about how notice periods will be set for this arrangement or whether the agreement will be set as non-terminable. Compensation for for expenses in connection with teleworking should also be considered. The current proposal envisages a possible flat-rate compensation of CZK 4.60 per hour.  Employers will also need to revise the internal regulation which governs teleworking.

Agreements on work outside the employment relationship

The two applicable agreements in which changes have been made are an agreement to perform work (DPČ) and an agreement to perform a job (DPP). It is now necessary to schedule working hours for these employees at least 3 days in advance. Their working hours must be properly recorded, rest periods must be provided, and employees will be entitled to time off where an impediment prevents them working. Extra pay will be paid to these workers for working on holidays, nights and weekends, and several other innovations. From 1 January 2024, employees with these agreements will also be entitled to holiday pay.

Employers should:

• Prepare new templates for agreements on work performed outside the employment relationship (DPP and DPČ) or at least revise the existing ones;
• Reflect the changes in working time and remuneration in the HR systems;
• Start accruing employees' holiday entitlement from 2024.

Employers have to give employees more information

To make working conditions more predictable and transparent, the amendment broadens the areas where employers have to inform employees in writing. This also extends to employees with DPP or DPČ agreements (for existing employees the obligation will only be imposed if they request it in writing).

Employers will have to:

• Revise employment contracts and agreements on work performed outside the employment relationship;
• Revise internal regulations if they’re referred to in relation to the fulfilment of the information obligation;
• Revise the separate written information (according to Section 37 of the Labour Code), if used, and ensure that employees get it within seven days of starting work; and
• Provide special written information for employees posted abroad.

Digitisation

The amendment makes employment relations much more flexible by introducing the possibility to digitalise legal acts. If an employer decides to take advantage of this they should:

• Define the scope of documents that will be concluded electronically;
• Think about which communication channel will be used for electronic delivery (employees must have private access to it); and
• Get separate written informed consent from employees for electronic delivery.

Further changes

The amendment introduces a number of other innovations. For example, in a request for parental leave, employees can ask to change from an agreement for work outside the employment relationship to an employment contract. Or they can ask for telework if they’re caring for children or other people. Another controversial and unplanned change is the possibility of additional overtime work for employees in the healthcare sector.