MPs approve Flexinovel of the Labour Code

Last week, the Chamber of Deputies approved a flexible amendment to the Labour Code. Now all that is left is a decision by the Senate and the President's signature for the amendment to take effect, which is expected on 1 June 2025.

The main points of the amendment under discussion are:

  • Extension of the probationary period to 4 months, up to 8 months for managers - Currently, the maximum probationary period is 3 months, or 6 months for managers. When a probationary period is agreed, the condition that the agreed probationary period must not be longer than half the agreed duration of the fixed-term employment relationship must be met.
  • possibility to extend the trial period - if the probationary period was agreed to be shorter, it is possible by written by agreement to extend the probationary periodhowever, this extension may not exceed the maximum length of the probationary period, i.e. 4 months, or 8 months for managers.
  • Modification of the conditions for renewal of fixed-term employment - the condition that the employment relationship may be for a fixed term of up to three years and may be extended twice remains. However, this would be a substitute for the temporary absence of the employee due to maternity, paternity or parental leave and the number of recurrences of fixed-term employment relationships will not be limited under Section 217(5) of the Labour Code. However, the duration of fixed-term employment relationships between two parties may not exceed 9 years from the conclusion of the first fixed-term employment relationship.
  • Same job for the same employer during parental leave, on the basis of a work performance agreement or a work activity agreement.
  • Assignment of the employee to the original job and workplace, if the employee returns to work after parental leave ends before the child reaches the age of 2 - this allows more flexible working conditions for parents of young children.
  • Notice period - Whereas now the notice period started at the beginning of the calendar month following the month in which the notice was delivered and ended on the last day of the relevant calendar month, after the amendment to the Labour Code the notice period will start on the day on which the notice is delivered to the other party and will end on the day coinciding with that day.
  • Reduction of the notice period to at least 1 month - relates to termination by the employee for the reasons set out in § 52(f) to (h).
  • Increase severance pay to 12 times average earnings - in cases where the employee is dismissed by the employer for the reason referred to in Section 52(e) or by agreement for the same reason - if the employee has lost his/her medical capacity due to his/her health according to a medical opinion issued by an occupational health service provider or a decision of the competent administrative authority.
  • Allowing minors aged 14 and over to work during the summer holidays - provided that the work is light work, the shift does not exceed 7 hours per day and the weekly working time does not exceed 35 hours per week. The length of the weekly working time shall be assessed cumulatively in multiple employment relationships agreed by the juvenile worker in accordance with Section 3 of the Labour Code. Juvenile employees under 15 years of age may not work after 8 pm. Juveniles may not perform overtime and night work.
  • Payment of wages or salary in a foreign currency - subject to the conditions set out in the Labour Code with the employee's consent and in the agreed foreign currency, if the Czech National Bank announces the foreign exchange market rate for this currency.

An important point of the flexible amendment to the Labour Code, namely termination without cause with double severance pay, did not pass during the discussion.

 

If you would like to learn more about this amendment, you can subscribe to our Spring e-Conference. The programme will include a lecture JUDr. Dominik Brůha on the subject.

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