3.1 Labour-law relations

The following laws regulate the legislative adjustment related to the labour market :

Act No. 311/2001 Coll. Labour Code in compliance with later regulations

Act No. 90/1996 Coll. on Minimum Wages in compliance with later regulations

Act No. 2/1991 Coll. on Collective Bargaining in compliance with later regulations

Act No. 461/2003 Coll. on Social Insurance in compliance with later regulations

Act No. 5/2004 Coll. on Employment Services in compliance with later regulations

Act No. 453/2003 Coll. on state administration authorities for the areas of social affairs, family and employment services in compliance with later regulations

Subjects of the labour-law relations are :

employee ,

employer

Employer

An employer is a legal or physical entity employing at least one physical entity in a labour-law relation.

Employee

An employee is a physical entity who performs a dependent work for the employer pursuant to his/her instructions, for wages or for remuneration in the labour-law relations.

The capacity to be an employee arises for a physical entity on the day s/he reaches 15 years of age. To employ children until 15 years of age is basically forbidden, till this age a physical entity may perform easy work not effecting, by its character and scope, the person’s health, safety, further development or fulltime schooling in :

taking part in a cultural performance and an artistic performance ,

sports events ,

advertising activities

The employment relationship should be established by a written employment contract between the employer and the employee. A labour-law relation arises since the conclusion of the employment contract. The employment contract (bilateral legal action) is an affirmative expression of an employee’s and employer’s will leading to a labour relation establishment. The employer is obliged to provide the employee with one written copy of the employment contract. The written form guarantees legal peace on both sides. In the employment contract, the employer is obliged to stipulate the following substantial items with the employee :

the type of work for which the employee was accepted, and its brief description ,

the place of work performance (a municipality and an organizational unit, or a place otherwise determined) ,

the day of work take-up ,

the wages conditions unless agreed upon in a collective agreement

If the working conditions are agreed upon in a collective agreement, it is sufficient to give reference to the collective agreement provisions; otherwise, the reference to relevant provisions of this Act is sufficient. Further conditions in the interest of the participants, particularly further material benefits, may be agreed upon in the employment contract.

A probationary period for three months at most may be agreed upon in the employment contract. Within the probationary period, both the employer and the employee may terminate the employment relationship for any reason or without giving a reason. A written notification on the termination of the employment relationship should be delivered to the other party at least three days prior to the termination of the employment relationship. But in the praxis a verbal form of the notification cannot be excluded. The arrangement of the probationary period aims on the estimation of the time limit – for the participants’ decision after gaining information about the employee’s person, about working conditions. The probationary period cannot be prolonged. The probationary period shall be prolonged by periods of work obstacles on the part of the employee. The probationary period must be agreed upon in a written form or otherwise it is invalid.

The employment relationship is agreed upon for an indefinite time if the employment duration is not exactly determined in the employment contract. The employment relationship shall be also concluded for an indefinite time when a fixed term employment relationship was not concluded in a written form. The fixed term employment relationship may be agreed upon, prolonged or agreed upon anew for three years at most. Under the prolongation of the employment relationship a continuation in the same employment relationship is understood. In case of a new agreement, there must be the previous employment relationship terminated.