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 following changes:
- New definition of "comparable employee"
- 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 of employment.
- No shorter notice period for part-time
employees
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for a shorter notice period to be given to part-time employees working fewer than 15 working hours per week has been repealed and the general notice period of at least 2 months now applies.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.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
