By 2 August 2022, the Member States of the European Union are obliged to implement the Directive on work-life balance for parents and carers  (“the Directive”). What implications will the implementation have for Czech employers and employees in the role of parents or carers in terms of flexible working arrangements?

The main objective of the Directive, as its name suggests, is work-life balance for parents and carers. More broadly, however, it is also about equal opportunities, with the Directive aiming for a fairer distribution of parental responsibilities and therefore equal access to the labour market between men and women. As a result of a more equal distribution of parental responsibilities, the possibility of reconciling work and private life should be strengthened for both parents.

The aim of the Directive pursues the long-standing aim of eliminating the decision between family and career, which is a common dilemma for working-age employees. One of the tools the Directive uses is flexible working arrangements. At this point, it should be noted that Czech legislation already contains the basis for flexible work arrangements in Act No. 262/2006 Coll., the Labour Code, as amended (the “Labour Code”).

Legislation required by the Directive

Flexible working arrangements are regulated in Article 9 of the Directive in particular that requires Member States to take the necessary measures to ensure the right of workers with children up to a certain age, which is at least 8 years, and carers to request flexible working arrangements for care purposes. The duration of such flexible working arrangements may be reasonably limited.

Under the Directive, employers are obliged to consider and respond to an employee’s request for flexible working arrangements within a reasonable time, taking into account their own and the employee’s needs. The employer must give reasons for refusing the request or for any postponement of flexible working arrangements.

If the duration of the flexible working arrangement is limited, the employee has the right to return to the original working arrangement at the end of the agreed period. The employee shall also have the right to request a return to the original work schedule before the end of the agreed period, whenever a change in circumstances warrants this. The employer must consider and respond to a request for an earlier return to the original working pattern, taking into account the needs of both the employer and the employee.

The Directive allows Member States to make an employee’s right to request flexible working arrangements conditional on meeting a requirement of length of service or duration of employment of no longer than 6 months. 

In relation to the right of employees to apply flexible working arrangements, the Directive provides for the prohibition of discrimination in Article 11 and protection against dismissal and any preparatory steps for dismissal in Article 12, in order to protect such employees. Member States are obliged to take the necessary measures to prohibit less favourable treatment of such workers and to prohibit dismissal and all steps leading to it.

Current Czech legislation

The Labour Code is already familiar with flexible working time arrangements for employees to a certain extent. In particular, article 241 requires employers to take into account the needs of their female employees and employees caring for children when assigning employees to shifts. If an employee, who is caring for a child under 15 years of age, a pregnant employee or an employee, who proves that he or she is predominantly caring for a person, who is dependent on the assistance of another natural person for a long period of time in Grade II (moderate dependence), Grade III (severe dependence) or Grade IV (total dependence), requests shorter working hours or other appropriate adjustment of the fixed weekly working time, the employer is obliged to grant such a request unless serious operational reasons prevent this (e.g. an impossibility of ensuring substitution by another employee).

Conclusion

Of course, the effectiveness of the Directive and its ability to achieve its objectives depends primarily on its implementation by individual Member States. As far as the Czech Republic is concerned, from the point of view of flexible work arrangements, this will be primarily a matter of steps to clarify and supplement existing provisions of the Labour Code rather than any more substantial intervention in existing legislation.