As a result of the so-called “flexible amendment” to the Labour Code, significant changes in the area of labour law will come into effect from 1 June 2025. Their essence is mainly to strengthen the legal position of the employee as the weaker contracting party, specifically with regard to the work-life balance.
Salary in a Foreign Currency
From 1 June 2025, it will be possible to arrange for the payment of salaries in a foreign currency, provided that the employee has a so-called “foreign element” (e.g., lives abroad). This change also applies to employees working on the basis of an Agreement on Performance of Work or an Agreement on Work Activity.
Until now, it was only possible to pay salaries in Czech crowns, with the exception of employees working abroad.
A “foreign element” can therefore also be found in employees who have a remote work agreement with a Czech employer while living abroad.
Extension of the Probationary Period
From June, the probationary period for both regular and managerial employees will be extended.
The new probationary period will be up to 4 months for regular employees (previously 3 months) and up to 8 months for managerial employees (instead of the previous 6 months).
An already running probationary period can be extended by agreement between the employee and the employer. However, in total, it must not exceed the maximum probationary period (i.e., 4 or 8 months, respectively). At the same time, the agreement must be concluded before the expiry of the originally agreed probationary period.
However, the law does not exclude the possibility of agreeing on a shorter probationary period.
In addition to changes agreed between the employer and the employee, the probationary period is extended by the employee’s working days during which they did not work the entire shift due to an obstacle to work, taking holiday, or unexcused absence.
Notice Period
Start of the Notice Period
Previously, the notice period started on the first day of the month following the month in which the employer or employee received the notice. Now, it will begin on the day the notice is delivered.
Shortening of the Notice Period in Certain Cases
At the same time, it will be shortened in the case of termination for breach of employee duties from the current 2 months to 1 month. Specifically, these are the grounds for termination under Section 52(f) to (h) of the Labour Code.
End of the Notice Period
If the end of the notice period does not fall on the last day of the month, it is automatically adjusted so that it ends on the last day of the given month. The general provision of Section 333 of the Labour Code (regarding time limits) does not apply in these cases.
Exceptions to the Running of the Notice Period
Although the amended Section 51 of the Labour Code does not explicitly state this, exceptions under Sections 51a, 53, 54, and 63 of the Labour Code still apply. If the employee gives notice to the employer under Section 51a due to the transfer of rights and obligations from employment relationships, the notice period is governed by this provision.
Changes or Extension of the Notice Period
The notice period may be extended or its running changed by written agreement. Both must be agreed equally for both employer and employee, except for notice under Section 52(f) to (h).
Grounds for Termination
A new feature is the merging of notice reasons relating to the employee’s medical fitness. The Labour Code lists these in Section 52(d) and (e).
If employment is terminated due to loss of medical fitness as a result of an occupational injury or disease, the employee is no longer entitled to severance pay.
Previously, the employer was obliged to pay severance equal to twelve times the employee’s average monthly earnings. From June 2025, the employee will instead receive compensation from the employer’s mandatory insurance, in the same amount as the original severance pay (i.e., 12 times the average monthly earnings).
All the above rules apply to notices delivered on or after the effective date of the amendment (for notices delivered by 31 May 2025, the current rules apply).
Guarantee of the Same Job Position
The guarantee of the same job position under the Labour Code previously applied only to employees returning from maternity leave. Newly, it also applies to employees returning from parental leave, up to the child’s second birthday (i.e., at the latest on the day before the child’s second birthday).
This means the employer must place the employee in the same position held before parental leave.
The guarantee applies not only to those starting parental leave after 1 June 2025, but also to parents already on parental leave before this date, provided they return to work before the child’s second birthday (after the amendment takes effect).
Concurrent Parental Leave with an Agreement on Performance of Work and Work Activity Agreement
The Labour Code allowed concurrent parental leave and additional work under a Work Activity Agreement or an Agreement on Performance of Work. However, to retain statutory protection (e.g., against dismissal), employees could not perform work of the same type as in their employment contract. For example, an accountant could not take on accounting work during parental leave.
The amendment now allows employees to perform the same type of work as in their employment contract under these agreements, for the same or another employer, during parental leave.
Under the new Section 39(2) of the Labour Code, a fixed-term employment contract may be concluded for up to 3 years and may be renewed twice between the same parties; extensions also count as renewals. However, in the case of replacement for a temporarily absent employee during maternity, paternity, or parental leave, or leave under Section 217(5) (i.e., leave immediately following maternity leave), the number of renewals is unlimited. The total duration must not exceed 9 years from the start of the first fixed-term contract. If 3 years have passed since the end of the previous fixed-term contract, previous contracts between the same parties are disregarded.
Substitute for Parental Leave
The Labour Code set a maximum duration of 3 years for fixed-term employment and allowed up to two renewals, with a total maximum of 3 years. There was no exception for substitutes for parental leave.
The amendment now provides greater flexibility for renewals in cases of substitutes for parental or maternity leave.
Work of Minors
It is now possible to employ minors from the age of 14 (previously 15 to 18), but only during summer holidays. Only light work that is not risky and does not negatively affect health is allowed. These are activities classified as category one under the Public Health Protection Act, such as working in a restaurant, café, children’s camp, or office assistance.
Provision of Time Off
Bereavement Leave
Bereavement Leave: Employees will no longer need to prove that they spent only the “necessary time” at a funeral. Leave will be granted in full days. There is also the option to take up to five days of additional unpaid leave. A close person is defined as a spouse, partner, child, grandchild, parent, grandparent, or sibling.
Job Search Leave
The amendment changes the definition of leave for job searching. Previously, it was half a day per week, which could be combined into full days with the employer’s consent. Now, the length is clearly set at 4 days (with exceptions as described below).
The reason and circumstances of termination will also be considered. If the notice is for disciplinary reasons (e.g., breach of duties or failure to meet requirements), the notice period is halved, and so is the job search leave (from 4 to 2 days).
The basic scope of leave, sometimes with wage compensation, can be used for job interviews or visiting the employment office. If the leave is exhausted but new employment is not found, up to two days of new additional unpaid leave may be used, exclusively for employment office counselling services.
Shrnutí klíčových změn
Aspect | Before the Amendment (until 31 May 2025) | After the Amendment (from 1 June 2025) |
---|---|---|
Scope of leave | Half a day per week, can be combined. | Clearly defined number of days (4 or 2) based on the reason for notice. |
Wage compensation | Only for organizational and health reasons. | Only for organizational and health reasons. For disciplinary reasons, the leave is unpaid. |
Additional leave | Does not exist. | Additional unpaid leave (1–2 days) for employment office counselling. |
Marriage Leave
For two days of marriage leave, wage compensation is now provided for the day of the wedding ceremony. If only one day is taken (e.g., if the wedding is on a weekend), wage compensation is provided for that day as before.
Patient Accompaniment Leave
For the obstacle to work due to accompaniment, the phrase “and back” will be added to clearly state that the employee is entitled to time off not only when accompanying a close person to a medical facility but also when accompanying them back.
Impediment to Work
For the obstacle to work “impeded travel to work” (concerning severely disabled employees), it is now more clearly described what can be considered a relevant impediment to travel – not only adverse weather conditions, but also natural disasters or other extraordinary events.
Paid vs. Unpaid Leave – Overview of Changes
Situation | Scope of Leave | Wage Compensation | Note / Condition |
---|---|---|---|
Death – spouse, partner, child | 2 days + funeral day | ✅ Yes | + 5 additional days of unpaid leave, see below |
Death – parent, grandparent, grandchild, sibling | 1 day + 1 day for funeral arrangements | ✅ Yes | + 5 additional days of unpaid leave, see below |
Death of other close persons or household members | max. 1 day + 1 day for funeral arrangements | ✅ Yes | Extended list including partner’s family |
Additional leave in case of death (closest relatives) | up to 5 days | ❌ No | Newly introduced entitlement without compensation |
Own wedding / partnership | 2 days (1 for ceremony) | ✅ Yes (ceremony day only) | Clearly specified paid day |
Child’s wedding | 1 day | ✅ Yes | No change |
Parent’s wedding (child’s participation) | 1 day | ❌ No | No change |
Job search – notice under Section 52(a) to (e) | max. 4 days | ✅ Yes | Newly clearly defined scope |
… notice under Section 52(f) to (h) | max. 2 days | ❌ No | Disciplinary reasons |
… other termination | max. 4 days | ❌ No | |
Employment office counselling | up to 2 days (1 for disciplinary notice) | ❌ No | New entitlement – use of employment office counselling |
Accompaniment to/from medical facility – closest relatives | max. 1 day | ✅ Yes | Now explicitly includes return journey |
Accompaniment of other family members | max. 1 day | ❌ No | Accompaniment necessary, cannot be otherwise |
Inability to get to work (personal transport, disability) | max. 1 day | ✅ Yes | Now includes natural and extraordinary events |
Uninterrupted Rest
The uninterrupted rest period between shifts within 24 hours is reduced from 11 (or 8) hours to 6 hours. However, this reduction is only allowed in the event of extraordinary circumstances or emergencies (e.g., restoration of electricity supply). The employer must compensate the employee with additional rest.
Recognized Work Experience
The amendment also expands the scope of recognized work experience in public administration and public services. Employees in these sectors will now have the following periods counted towards their experience:
- Doctoral studies
- Care for a close adult dependent on level III or IV assistance
Recognized experience affects the employee’s placement in pay grades (i.e., salary level).
Comparison and Changes in the Labour Code
Area of Change | Labour Code before the “flexible amendment” | Labour Code after the “flexible amendment” |
---|---|---|
Scheduling of working hours | Self-scheduling of working hours is only allowed for remote work (not at the employer’s workplace). | From 1 Jan 2025, employees may self-schedule working hours at the employer’s workplace if a written agreement on self-scheduling is concluded. |
Probation period | Up to 3 consecutive months for regular employees and up to 6 months for managers; cannot be extended (except for obstacles on the part of the employer or employee). | Up to 4 consecutive months for regular employees and up to 8 months for managers. The probation period can be extended by mutual agreement. |
Notice period | Notice period starts on the first day of the month following the month in which notice was delivered to the other party (e.g., notice delivered on 14 March – notice period starts on 1 April and ends on 31 May). | Notice period starts on the day the notice is delivered to the other party. |
One-month notice period | Notice period for reasons under Section 52(f) to (h) Labour Code is 2 months. | Notice period for reasons under Section 52(f) to (h) Labour Code is 1 month. |
Reasons for notice | The Labour Code allows termination for health reasons under Section 52(d) to (e) Labour Code. These are two separate reasons with specific conditions. | Reasons for notice under Section 52(d) to (e) Labour Code are now merged into one common reason. |
Compensation upon termination for health reasons | Upon termination due to loss of medical fitness as a result of an occupational injury, disease, or risk thereof, the employee is entitled to severance pay equal to 12 times the average monthly earnings. | Upon termination due to loss of medical fitness as a result of an occupational injury, disease, or risk thereof, the employee is entitled to compensation paid from the employer’s statutory insurance. The compensation amounts to 12 times the average monthly earnings. |
Wage in foreign currency | Wage is paid in Czech currency, except for employees working abroad. | Wage may be paid in foreign currency to employees with a foreign element (e.g., living abroad). |
Wage transparency | Employees may be restricted from sharing information about their wage level. | Employees may share their wage level with colleagues. |
Wage assessment | Wage assessment is delivered physically. | Wage assessment is delivered only electronically. Physical delivery is possible only upon employee’s request. |
Job guarantee after parental leave | Job guarantee applies only to female employees after maternity leave. | Job guarantee applies not only to those returning from maternity leave but also to employees returning from parental leave, up to the child’s second birthday. |
Agreements during parental leave | Employee cannot perform work of the same type as in their employment contract under these agreements (e.g., accounting services). | Employee may perform work of the same type as in their employment contract under these agreements, even for the same employer. |
Substitute for parental leave | Labour Code allows a fixed-term employment contract for up to 3 years, with a possibility of 2 renewals. | Labour Code allows more flexibility for renewals in case of substitution for parental or maternity leave. |
Uninterrupted rest | Uninterrupted rest between shifts within 24 hours is 11 hours, or 8 hours if reduced. | Uninterrupted rest between shifts within 24 hours may be reduced to 6 hours, but only in exceptional situations. |
Recognized work experience | Doctoral studies and care for a close adult dependent on level III or IV assistance are not recognized as experience in public administration and services. | Doctoral studies and care for a close adult dependent on level III or IV assistance are recognized as experience in public administration and services. |
Minors | Minors may be employed after completing compulsory schooling. | Minors may be employed from the age of 14, but only during summer holidays. They may only perform light work that is not risky and does not negatively affect health. |
Author of the article
Květoslava Kallová