28. 6. 2012
The document contains detailed information on terms of posting workers to EU member states including local conditions of employment. Each member state is described its notification duty, competent institutions for particular steps incl. contacts, data to be notified, sanctions for not complying with the regulations, etc.
A natural or a legal person to whom a citizen of the EU/AAE/Switzerland is posted must notify the posting to a labour office. Moreover, foreigners need a work permit (except for legal exceptions). The notification must be submitted on the notification form (see below).
The employer’s notification duty is stipulated in the § 87 of the act no. 435/2004 Coll., on employment as amended.
The competent labour office.
Tax office where posted employees must register when exceeding 183 days in the CR
The competent financial office.
Period of notification of posting
The day of the commencement of the employment at the latest.
Sanctions for failure to notify
Failure to comply with provisions of the Labour Code may lead to imposition of remedial measures as well as sanctions. Both forms are used both separately and simultaneously. Breach of the Labour Code is not considered a crime.
The inspection is carried out in accordance with the act no. 251/2005 Coll., on work inspection. This act stipulates maximum penalties for relevant breach of provisions of the Labour Code or other regulations. The penalties may be the following:
- for infringement of the maximum working time and the rest period – up to CZK 2 million
- for infringement of the minimum length of holidays per calendar year or the aliquot part – up to CZK 200 thousand
- for infringement of the minimum wage, the lowest guaranteed wage and for failure to pay overtime – up to CZK 2 million
- for infringement of security and health protection provisions – up to CZK 2 million
- for infringement of working conditions of pregnant women, breastfeeding women or women until the ninth month after the delivery, and young employees – up to CZK 1 million
- infringement of equal treatment of employees and prohibition of discrimination – CZK 400 thousand
- failure to comply with terms of agency employment – up to CZK 1 million
See the Appendix
Data to be notified
- Name of the legal or the natural person in the CR intending to sign a contract with a foreign undertaking
- Information on the foreign employer
- Number and professions of posted employees
- Place of work
- Address of the accommodation in the CR
Maximum length of working time
The maximum working time is stipulated in the § 79 of the act no. 262/2006 Coll., Labour Code.
The weekly working time of an employee:
- working single-shift is a maximum of 40 hours a week.
- working two-shifts is a maximum of 38.75 hours a week.
- working three-shifts or in a continuous service is a maximum of 37.5 hours a week.
An employee under the age of 18 must not work more than 8 hours a day. In accordance with the second sentence of the § 3, his/her weekly working time may not exceed 40 hours in total when having two or more employment relationships.
Shorter weekly working time without a concurrent wage reduction may be stipulated in collective agreements or internal regulations.
Minimum length of a rest period
There are four types of a rest period in the CR:
- A lunch and rest break
An employer must provide the employee a lunch and rest break lasting at least 30 minutes after continuously working for six hours (four and half hours in case of young employees).
- A continuous rest period between two shifts
An employee must be given a continuous rest period of at least 12 hours between the end of one shift and the commencement of the subsequent shift.
- A continuous weekly rest period
An employee must have a continuous rest period of at least 35 hours per week, i. e. within an every period of seven consecutive calendar days.
- A safety break in accordance with specific legal regulations.
Minimum length of holidays
The standard length of holidays is a minimum of 4 weeks per calendar year. Holidays of 5 weeks are provided to state employees, employees of municipal authorities, state funds, semi-budgetary organisations where salaries and standby remunerations are fully covered from contributions for operations granted from the founder’s budget or from payments in accordance with specific statutory provisions, schools founded by the Ministry of Education, Youth and Sports, a region, a municipality or a voluntary union of municipalities in accordance with the Schools Act, or employees of public non-profit institutional healthcare facilities.
Pedagogic and university academic employees are entitled to holidays of 8 weeks a calendar year.
Length of holidays for days of work
An employee not entitled to annual holidays or the aliquot part because of not being employed with one employer for at least 60 days shall have holidays for the days on which he/she carried out the work – one twelfth of the annual holidays per every 21 days of work in the relevant calendar year.
The minimum wage is stipulated in:
- the Labour Code (act no. 262/2006 Coll., as amended) – mainly provisions of the § 111 and §112
- the government regulation no. 567/2006 Coll., on minimum wage, the lowest levels of guaranteed wage, definition of hazardous working environment and extra payment for work in the hazardous working environment as amended by the government regulation no. 249/2007 Coll. and the government regulation no. 452/2009 Coll.
The current minimum wage is CZK 50.60 per hour or CZK 8,500 per month.
The wage, salary or remuneration must not be lower than the minimum wage.
For this purpose, the wage does not include
- wage or salary for overtime work
- extra payment for work on a holiday
- bonuses for night work
- extra payment for work in a hazardous working environment (i. e. extra payment for dirty, heavy work)
- extra payment for work on Saturdays and Sundays.
If the wage, salary and the remuneration are stipulated in the remuneration system of the relevant employer, the wage, conversely, includes
- extra payment to seniors,
- quality bonuses,
- 13th salary, Christmas bonuses
A right for reimbursement of travel expenses must be considered separately from a right to a wage.
Provisions of the so-called lowest guaranteed wage refer to statutory provisions of the minimum wage. It protects employees in employment relationships where a wage is not stipulated in a collective agreement as well as for example state or municipal employees from being inadequately low remunerated. Employers negotiating with social partners are expected to secure the protection of fair employees` remuneration in provisions of collective agreements concerning the wage. The rates of the lowest guaranteed wage per weekly 40 hour working time are also stipulated in legal regulations (government regulation) alike the minimum wage. They are sorted into 8 categories according to the complexity, responsibility and difficultness of pursued work. Each category is stipulated the lowest guaranteed wage both per hour and per month.
In addition to the basic minimum wage and the lowest guaranteed wage, there are reduced wage rates which can be used for employees with a restricted working ability (due to the age or degree of disablement). These rates shall provide these groups an increased protection and encourage their chances on the labour market. However, the rates shall, under no circumstances, be considered a money equivalent for performed work of the employee. Employers must, above all, provide their employees a wage to according to the complexity, responsibility and difficultness, working conditions, work efficiency, and achieved results.
Provided the employee’s wage or the salary does not reach the minimum wage or the lowest relevant level of guaranteed wage, the employer must provide the employee a payoff.
The government setting the minimum wage rates and the lowest guaranteed wage in the implementing regulation takes into account the wage and consumer price development.
Documents to be available at the place of pursuance of work
An employer must keep records of European Union citizens and all employed or posted foreigners. The records shall contain data stipulated in the § 91 of the Employment Act and furthermore
- the sex
- classification according to the industrial classification of economic activities
- the highest achieved education
- education required for the job
- the period for which a work permit was issued
- the period of a residence permit
- the commencement and termination date of employment or posting
Necessity to translate documents
Obligation to store the documents
Obligation to entrust a responsible representative
Both the natural or legal person intending to sign a contract with a foreign undertaking and the foreign employer must give the name of a responsible person.
The person intending to sign a contract with the foreign undertaking must give his/her contact address.
Obligation to entrust a responsible representative for receiving papers