Labour Law: Trial Period, Employment for a Definite Period of Time, Termination of Employment on Grounds of a Breach of the Regime of an Employee Temporarily Incapable of Work, Drawing of Vacation, Competition Clause
Monday, 29 July 2013 08:33

An extensive amendment to the Labour Code (Act No. 262/2006 Coll.) takes effect as of 1 January 2012, introducing a number of substantive changes. Below is a brief overview of some of the important changes in the relations between employees and employers in the course of performing dependant work.

Trial period in the maximum permissible length of three months starting from the employment commencement date remains unchanged. However, there is a new rule introduced with respect to managing officers, with whom it is now possible to agree on a trial period of up to six months starting from the employment commencement date. If a trial period is agreed in the case of an employment for a definite period of time, it may not be longer than one half of the agreed term of employment.

Employment for a definite period of time may newly be agreed in the maximum permissible of three years and may be repeatedly concluded no more than two times after the first employment commencement date. It means that the employer may conclude employment for a definite period of time with an employee for the maximum permissible period of 9 years (three years of the first employment, three years of the first repeated employment, and three years of the second repeated employment). This naturally applies only if the employer in each case takes advantage of the possibility to conclude the employment for the maximum permissible period of time, i.e. three years.

The employee is obliged, during the first 21 days of their sick leave, when they are entitled to salary compensation from the employer, to follow the rules of the regime of an employee temporarily incapable of work and the employer is entitled to inspect that this regime is observed by the employee. If the employer finds out during its inspection that the regime is being exceptionally seriously breached, it may terminate the employee’s employment for a newly introduced termination reason, i.e. exceptionally serious breach of the regime of an employee incapable of work.

The amendment cancels the rule under which any unused vacation could have become extinct. Now, on the other hand, the employee is always obliged to draw the vacation to which he/she is entitled. Drawing the vacation cannot be substituted by any financial compensation (so-called vacation refund), this is only possible in the case of the employment termination.

Another change introduced by the amendment to the Labour Code is the possibility to agree on a competition clause already during the trial period.

 

Advokátní kancelář

Advokátní kancelář KVAPIL & ŠULC sídlí na Národní třídě v Praze 1 a poskytuje právní služby společnostem i ostatním právnickým a fyzickým osobám. Advokátní kancelář zajišťuje svým klientům poradenství ve všech právních odvětvích, zejména se však specializuje na poskytování služeb v oblastech obchodního a občanského práva. Díky znalostem a zkušenostem jednotlivých členů a spolupracovníků kancelář rovněž nabízí poradenství v oblasti evropského práva a práva mezinárodního obchodu.