New legislation Amendment to Act No. 311/2001 Coll. Labour
Code (amended by Act No. 574/2010)
The Amendment, effective as of 1 March 2010, introduced the
New definition of "comparable
A comparable employee is now defined
as a full-time employee who works for the same employer and does
the same work or would do the same work taking into account his/her
qualification and working experience.
The definition is relevant when it comes to the treatment of
employees with a fixed term contract. Under the Labour Code such
employees may not be treated more or less favourably than
comparable employees in terms of working conditions and conditions
No shorter notice period for part-time
The provision allowing for a shorter notice period to be given to
part-time employees working fewer than 15 working hours per week
has been repealed and the general notice period of at least 2
months now applies.
Fixed term contracts
It is no longer possible to agree a fixed term contract for a
period of more than two years. Such contracts may not be extended
or renewed more than twice in any two year period.
Provisions hindering the creation of an employment
contract between an end user and temporary employee
Provisions in employment contracts that prohibit or prevent the
creation of an employment contract between an end user and a
temporary employee after his/her assignment by a temporary
employment agency are void.
A recent European Court of Human Rights (ECHR) case (Barbulescu –v- Romania) has attracted much publicity in the UK press as giving employers the green light to read employees' private emails. Is that correct and does this case really change things?
Employment law rarely makes the headlines but a recent decision of the European Court of Human Rights on workplace monitoring has captured the attention of the global press, with many reports suggesting that employers now have free rein to monitor their employees' personal emails.
Ms Ham was employed by the College, latterly as a Director of Science. She was summarily dismissed in 2011 based on various grounds including "failing to attend meetings, behaving rudely and intransigently."
Changes to both the lifetime and annual allowances from 6 April 2016 are going to affect many scheme members.
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