Czech Republic

Impact date: 20 March 2025 (date judgment was published)

An employee took vacation without the consent of her employer and against a direct instruction to come to work, claiming that she had arranged for a replacement and needed to take time off due to her daughter’s relocation. The employer considered this to be a serious violation of workplace discipline and terminated the employee’s employment under the Labor Code.

The lower courts initially ruled that the termination was invalid, stating it was a less serious violation. However, the Supreme Court annulled their decision and upheld the dismissal, ruling that unauthorized absence from work for one shift due to taking unauthorized vacation without consent can constitute a serious breach of the employee’s duties, justifying termination.

Impact date: 16 April 2025 (date judgment was published) Penalties can be imposed on employers who use self-employed contractors for dependent work outside the employment relationship. In the present case, a company was fined CZK 2.5 million (approx. €100,000) for allowing eight couriers to perform illegal work.

The Supreme Administrative Court considered the status of the delivery couriers and the conditions under which it is possible to carry out similar activities of a so-called dual nature, which can be carried out both in an employment relationship and as a self-employed activity.

The court emphasized that it is necessary to assess the extent to which the person performing work for another person is (in)dependent on that person, from a personal, legal and economic point of view. In the present case, the couriers were free to refuse to conclude partial contracts (for the transport of specific orders), and the couriers provided services to the company voluntarily and irregularly. However, such arguments were not properly addressed in the previous proceedings and, for that reason, the court annulled the previous fine and returned the case for further assessment.

Impact date: 1 June 2025 A significant Government Bill introducing a “flexible” amendment to the Labour Code has been approved by both chambers of Parliament and signed by the President.

The proposed changes include:

• Extending the maximum length of the probationary period (up to four months, and up to eight months for managers), including the possibility of extending the probationary period even during its duration
• The commencement of the notice period on the date the notice is delivered. Furthermore, in cases of a breach of work obligations or a failure to meet requirements, the statutory notice period is reduced to just one month
• Certain groups of employees may receive their salary in a foreign currency
• Employers must guarantee employees on parental leave the same job position until the child reaches the age of two
• The introduction of special compensation funded by the employer’s insurance for employees who lose their jobs due to work-related injuries or occupational diseases, replacing the current severance payment of a minimum of 12 months’ average monthly pay
• Employees will be allowed to enter into an agreement to perform work (DPP) or an agreement to complete a job (DPČ) with the same employer for the same type of work during their parental leave
• Under certain conditions, it will be possible to employ individuals under the age of 15/before completing compulsory school attendance
• Entry medical examinations for work in Category 1 without additional professional risks will be optional – if neither the employer nor the applicant requests one, the applicant is considered medically fit
• It will be prohibited to restrict employees from sharing information about their salary, wage, or remuneration under an agreement
• Exceptionally, the daily rest period may be shortened to as little as six hours (for employees over 18 years of age) in the event of an accident, natural disaster, or other extraordinary circumstance

Impact date: 1 June 2025 An amendment to Government Regulation No. 590/2006 Coll. which regulates other important personal obstacles to work implements the following main changes:

• Employees will have the right to more leave in the event of the death of a close relative: the leave will be provided in full days, with the possibility of taking up to five additional days of unpaid leave
• In the case of leave for seeking new employment, situations will now be distinguished based on the reason for the termination of employment: if the termination is for disciplinary reasons, the employee will only be entitled to half the usual leave. The basic entitlement of four days of leave will remain unchanged for other cases, and employees will also have the option to take up to two days of additional unpaid leave for visits to the Labour Office
• Regarding leave for marriage, wage compensation is to be provided for the day of the ceremony itself (now explicitly stated)
• The rules for leave for accompanying a close person to a healthcare or counselling facility will be expanded to cover the return journey as well
• It will be explicitly stated that where legislation refers to marriage and spouses, this also includes partners under the Civil Code and the Registered Partnership Act

Impact date: Q2/Q3 2025 at the earliest (expected) An amendment to the Act on ensuring Occupational Safety and Health is being discussed by the Parliament. A key feature of this amendment is the introduction of electronic management and signing of required safety documents, which aims to reduce administrative burdens and improve efficiency. Additionally, the amendment proposes giving coordinators more power to enforce safety measures, including halting work if there is an imminent threat to health or life.

Another notable change involves the responsibility of construction project owners, who will now be required to ensure that coordinators have the necessary conditions to perform their duties effectively. This includes the obligation to sign and update safety plans prepared by coordinators and to facilitate cooperation among all contractors involved in the project. In cases of emergencies such as fires or accidents, coordinators will be responsible for developing a limited safety plan for rescue operations.

Moreover, the Technical Inspection of the Czech Republic (TIČR) will be authorized to offer training for technicians who operate or inspect specific technical devices, such as gas, electrical and lifting equipment, for a fee. The amendment also clarifies the conditions under which the Ministry can revoke accreditation for BOZP examinations and provides guidelines for the labour inspection’s actions when safety regulations are violated. These changes aim to strengthen workplace safety, particularly in the construction sector, where a significant portion of workplace fatalities occur.

Impact date: 1 January 2026 (expected) A proposed legislation aims to consolidate fragmented reports that employers are currently obliged to submit to various state administration authorities (social security administration, Ministry of Labour and Social Affairs, Czech Statistical Office, Labour Office and financial authorities) into a single report called the “Unified Monthly Employer Report (JMHZ)”.

The JMHZ is to be submitted electronically and directed to only one authority, with the submission deadline set on the 20th day of the calendar month following the month to which the data relate. Within the JMHZ system, both employers and their employees will be registered, along with their specific employment relationships identified. The new legislation should significantly reduce administrative burden of employers.

Impact date: 1 January 2026 (expected) A new Act on the entry and residence of foreigners is being discussed by the Parliament, including the introduction of the function of a guarantor. For employees staying in the Czech Republic for the purpose of employment, their guarantor will be their employer.

In general, guarantors will be responsible for communication with the authorities via a special web account, will have a stronger position in the residence procedure and will subsequently supervise the fulfilment of the purpose of the stay by the foreigner.

Impact date: 1 January 2026 (expected) A proposed Government Regulation on Employer Obligations Regarding Workplace Injuries includes the following changes and principles:

• Full digitalization: reporting and submitting records of workplace injuries will be conducted via the electronic portal of the State Labour Inspection Office
• Simplified data updates: employers will not be required to complete a new form; instead, they can amend the existing record in the system
• Elimination of redundant data: for example, there will no longer be a requirement to report the number of hours worked prior to the injury
• Obligation to electronically report injuries within ten working days, with the option to print the record and have it signed by the employee and witnesses
• New rules for reporting fatal injuries: detailed requirements will be specified in a new annex to the regulation
• More flexible record format: the State Labour Inspection Office will be able to update the forms without the need to amend the regulation itself

Impact date: Unknown Currently, an employer has the option, under certain circumstances, to transfer an employee to a different job/type of work without their consent. This includes situations such as when the employee has lost the medical ability to perform their original job, in the case of a pregnant employee whose job would pose a risk to them, or when an employee performing night work is by medical opinion deemed unfit to do so. In such circumstances, the employer is authorized to transfer the employee to a job outside of the type of work agreed in the employment contract and without the employee’s consent.

However, on 24 October 2024, the Supreme Court submitted a proposal to the Czech Constitutional Court to annul Section 41(3) of the Labour Code, which serves as basis for the employer’s right to transfer an employee to a job outside the agreed-upon type of work without their consent. The Supreme Court submits, among other things, that this provision is in violation of the Constitution and international agreements that prohibit so called “forced work”. The proposal will be subject to the Constitutional Court’s review, and its outcome cannot be predicted in advance.