One of the changes brought about by the amendment to the Labour Code No. 281/2023 Coll. is a change in informing about the content of the employment relationship and informing employees posted in another country. This obligation applies from 1 October 2023.
Information about the content of the employment relationship
Section 37 of the Labour Code lists the information about which the employer is obliged to inform the employee in writing.
These are:
- the name and address of the employer, if a legal person or the name, surname and address of the employer if a natural person
- More indication of type and location performance Thesis
- amount of leave and the method of determining the length of leave
- duration and terms of probation, if agreed
- Procedure, which the employer and employee are obliged to comply with when terminating an employment relationship and about the run and the length notice periods
- information on professional development, if the employer provides it
- fixed weekly working hours a the way in which working time is scheduled including the length of the compensation period if uneven distribution is applied, the extent of overtime
- the extent of the minimum continuous daily rest period and uninterrupted weekly rest, the provision of breaks at work for meals and rest or reasonable meal and rest periods
- on wages or salary and remuneration arrangements, due wages or salary, the date of payment wages or salary, place and method of payment of wages or salary
- on collective agreements, governing the terms and conditions of employment of the employee and the designation of the parties to these collective agreements
- on the social security body, to whom the employer pays social security contributions in connection with the employee's employment
If the information is not contained in the employment contract, the employer must inform the employee in writing of the above information within 7 days from the beginning of the employment relationship. The information referred to in Section 37(1)(c) to (i) and (k) of the Labour Code may be replaced by a reference to the relevant legislation, collective agreement or internal regulation.
If there is a change in the above-mentioned data, the employer is obliged to inform the employee in writing no later than on the day the change takes effect. This obligation does not apply if there is a change in legislation, a collective agreement or an internal regulation.
Tip: On the website of the Ministry of Labour and Social Affairs there are already published patterns, that employers can use to meet the information obligation described above. You can find them on the Ministry's website under this link.
Informing employees posted to another country
The information that the employer is obliged to inform the employee in writing if the employee is posted to the territory of another state is set out in Section 37a of Act No. 262/2006 Coll., as amended and effective from 1 October 2023.
If the following information is not included in the employment contract, the employer is obliged to inform the employee about it. These are:
- State, in which the work is to be carried out
- presumed time of posting in another country
- Currency, in which wages or salary will be paid
- monetary or in-kind consideration provided by the employer in connection with the performance of work
- whether and under what conditions it is ensured return of the employee
If the employee is posted to another EU country to carry out work in the context of the transnational provision of services, the employer must inform the employee in writing of:
- reward for work, to which the staff member is entitled under the legislation of the host State
- conditions provision of travel allowances in connection with the performance of work and other benefits provided by the employer in connection with the posting
- reference to oofficial national internet address established by the host Member State
Tip: If the posting time does not exceed 4 weeks consecutive, the employer is not obliged to Staff communicate the above information in writing.
