Current Practical Changes to Employment Law

We would like to inform you of current practical changes in the field of employment law.

In connection with the passing of Act No. 230/2004 Coll., amending Act No. 262/2006 Coll., the Labour Code, as amended, and certain other acts, we would like to draw your attention to the possibility of self-scheduling of working time by an employee, effective from 1 January 2025. In order for an employee to be able to schedule his/her own working time, he/she must first enter into a written agreement with the employer. This duty applies both to employers employing employees on the basis of an employment contract and to agreement workers performing work for an employer on the basis of agreements on work performed outside an employment relationship, i.e. work performance agreements and work activity agreements.

With effect from 1 October 2023, an employer has had a duty also to employees performing work for it on the basis of agreements on work performed outside an employment relationship to schedule their working time in writing in a written working time schedule and to familiarise an employee with the schedule or any changes thereto at least 3 (calendar) days before the beginning of the shift or period for which the working time is scheduled. However, it is possible for an employer to agree with an employee on a different period of familiarisation with the working time schedule, either shorter and longer. An employer is not obliged to schedule working time for such employees for a longer period in advance, but it is sufficient if it schedules an employee’s shift(s) in such a way that it meets the statutory or agreed period of familiarisation with the schedule.

In an agreement on the scheduling of working time by an employee, the parties may agree to introduce (self-)scheduling, but it is advisable to establish very clear rules and limits. Self-scheduling of shifts by an employee without a written agreement with the employer will be inadmissible and, according to the amendment to Act No. 251/2005 Coll., on labour inspection, will be an offence punishable by a fine of up to CZK 300,000 from 1 January 2025.

In addition, from 1 January 2025 it is necessary to verify for individual employees whether a concluded employment contract, work performance agreement or work activity agreement meets the Labour Code’s requirements regarding the minimum wage. The amendment to the Labour Code introduced a minimum wage indexation mechanism and abolished the guaranteed wage in the private sector.

In connection with the aforementioned amendment to the Labour Code, we can review and check your company’s employment documents and prepare a draft agreement on scheduling of working time by an employee, if the nature of an employer’s operations allows it.

If you are interested in a review and preparation of the necessary employment documents, please let us know and we will prepare a quotation based on the requirements and scope of your company’s documents.

With friendly regards,
Team WTS Alfery, Alfery Hrdina Advokati