Amendment to the Labour Code made Act No. 285/2020 Coll. will, with effect from 1 January 2021, allow leave to be taken on a public holiday*), but only at the request of an employee who would otherwise be obliged to work a shift on a public holiday pursuant to Section 91(4) of the Labour Code.
Typically, it will be to be employees performing work on a continuous basis, work required guarding the employer's premises as well as work that can be to order them on days of uninterrupted rest during the week (see Section 91(3) of the Labour Code).
In general, however, further remain on the basis of the provisions of Section 219(2) of the Labour Code the rules are maintainedthat say:
- If a holiday falls on a day that is otherwise the employee's normal working day, it shall not be included in the employee's holiday. In other words, the employer will still not be able to order leave on that day against the employee's will.
- UIf the employer has given the employee compensatory time off for overtime work or for work on a public holiday so that it would fall within the holiday period, the employer must give the employee compensatory time off on another day.
Examples:
- The employee's working hours are scheduled from Monday to Friday in five 6-hour shifts. The employer has designated this employee to take leave from Monday to Friday. Tuesday is a public holiday. The employee will take 24 hours of holiday as the Tuesday 6-hour shift will not count towards his holiday.
- An employee working on a continuous basis is scheduled to work a 12-hour shift on 28 September (= public holiday). He is to work on that day and does not miss a shift because of the holiday. However, the employee needs to take the day off and has therefore asked his employer to designate him to take leave on that day. The employer complied. The employee's use of holiday leave on a public holiday will count towards his holiday, i.e. he will take 12 hours of his holiday.
*) Holidays are defined as public holidays and other holidays according to Act No. 245/2000 Coll.
Public holidays are:
- 1 January - Day of the Restoration of the Independent Czech State
- 8 May - Victory Day
- 5 July - Day of the Slavic Heroes Cyril and Methodius
- 6 July - Day of the Burning of Jan Hus
- 28 September - Czech Statehood Day
- 28 October - Day of the establishment of the independent Czechoslovak state
- 17 November - Day of Struggle for Freedom and Democracy and International Student Day
The other holidays are:
- January 1 - New Year
- Good Friday
- Easter Monday
- 1 May - Labour Day
- December 24 - Christmas Eve
- 25 December - 1st Christmas Day
- December 26 - 2nd Christmas Day
For the sake of completeness, I quote the above-mentioned provisions of the Labour Code as amended and effective from 1 January 2021:
219(2): If a holiday falls on a day which is otherwise the employee's normal working day during the employee's leave, it shall not count towards the employee's leave; this shall not apply where the employee would otherwise be required to work a shift on the day of the holiday pursuant to section 91(4) and the taking of leave on that day was determined at the employee's request. Where an employer has designated compensatory time off for overtime or for work on a public holiday in such a way that it would fall within the period of leave, he shall be obliged to designate compensatory time off on another day.
91(3): On a day of uninterrupted rest in the week, the employer may order the employee to perform only such necessary work as cannot be performed on working days:
a) urgent repair work,
(b) loading and unloading operations,
(c) inventory and closure work,
(d) work performed on a continuous basis for an employee who has failed to report for a shift,
(e) natural disasters and other similar emergencies,
f) work necessary to meet the living, health, educational, cultural, physical education and sporting needs of the population,
(g) transport work,
(h) feeding and care of animals.
91(4): On public holidays, the employer may only order the employee to perform work that may be ordered on days of continuous weekly rest, work in continuous operation and work necessary to guard the employer's premises.
Summary at the end:
The day of the holiday will be included in the employee's holiday if:
- the employee would otherwise have been obliged to work the shift on the holiday in accordance with the provisions of Section 91(4) of the Labour Code; and
- the taking of leave on that day was determined by the employer at his request.
Both of these conditions must be met.
In AVENSIO SW it will be possible to set the use of holidays from 1.1.2021 by checking the condition "Apply even on holidays" in the leave document on the Employment - Compensation tab.
