On the legislative process

The long-discussed amendment to the Labour Code is almost here. The amendment to the Labour Code was discussed by the Senate in July and returned to the Chamber of Deputies with amendments. The amendment was discussed again on 12 September 2023, when the deputies finally approved the amendment without the changes proposed by the Senate.

The Chamber of Deputies, by its resolution of 12 September 2023, again approved the original draft amendment. Now it is only waiting for the signature of President Petr Pavel. Once signed by the President and published in the Collection of Laws, the amendment to the Labour Code will most likely come into force as early as 1 October 2023.

What you currently need to prepare for

With immediate effect from the month following its promulgation, i.e. probably from 1 October 2023, the amendment will primarily introduce new rules for telework. It is in this area that the amendment will bring the greatest administrative burden for employers, as they will have to conclude written telework agreements with individual employees who use telework. Thus, an employer will only be able to unilaterally impose telework on an employee if a measure ordered by a public authority so provides.

It will also be necessary to modify contracts to perform work and, if necessary, to add the agreed work, for which the contract is made. It is also necessary to comply with the new obligation to schedule the working time of the people with contracts to perform work by means of a written working time schedule and to inform them about it or its change at least 3 days in advance. This period may be shortened by mutual agreement.

Newly recruited employees must then comply with the extended information obligation from 1 October 2023. The scope of information to be disclosed to employees upon commencement of employment will probably be expanded. Currently, employers are obliged to inform their employees about the content of the employment relationship no later than 1 month after its creation. However, employers will now be obliged to inform employees, for example, about professional development opportunities or the duration and conditions of probationary periods within 7 days of the commencement of the employment relationship.

In the event that the employees start just before the amendment comes into force, i.e. during September 2023, the employer will provide the employee with the information by the end of the original 30-day period to the extent provided for in the amendment. If information regarding the content of the employment relationship was provided to the employee before 1 October 2023, the employer shall provide the employee with this information upon his/her written request within 7 days from the date of receipt of the request, within the scope of the amended provision.

Author: Jessica Vaculíková, Veronika Odrobinová