Last updated on: August 2nd, 2022
The labour law in the Czech Republic is regulated mainly by Act No. 262/2006 Coll. – The Labour Code. The Labour Code governs the terms and conditions of employment such as working hours, holidays and rest periods, wages, overtime, occupational health and safety, and termination of employment. The other act that governs employment relationships is Act No. 187/2006 Coll., Sickness Insurance Act.
Hours & Pay Regulations
An employee who during a continuous period of employment with the same employer has worked for him at least 52 weeks in the relevant calendar year within the specified weekly working time for that period shall be entitled to annual leave of the specified weekly working time multiplied by the amount of leave (4 weeks) which the employee is entitled in the relevant calendar year.
If the employment relationship with the employer does not last at least 52 weeks, then the employee is not entitled to leave for the entire calendar year.
If the employee’s employment with one employer lasts for at least 4 weeks and the employee has worked at least 4 times the weekly working hours for the same employer, then the employee is entitled to a proportional part of the leave for the calendar year. The length of the proportional part of the leave is calculated in such a way that for each specified or shorter weekly working time worked, the employee is entitled to 1/52 of this specified or shorter weekly working time multiplied by the amount of leave (4 weeks).
The total amount of leave is at least 4 weeks in a calendar year. The length of leave to which an employee is entitled in a calendar year is rounded up to whole hours.
For an employee who has worked for more than 52 times the specified weekly working hours, the length of the leave shall be extended by 1/52th of the leave per calendar year for each additional specified weekly working time.
The employee will start full-time on October 1, i.e. 40 hours, with equal working hours. The amount of leave entitlement is 4 weeks. If the employee works by the end of the calendar year, he will work 13 full weekly work shifts, so his entitlement to leave will be as follows:
40 hours / 52 weeks (length of the calendar year)× 13 weeks (hours worked)× 4 weeks (total holiday entitlement) = 40 hours (holiday entitlement).
Time Offs – The missing of shift due to certain personal obstacles at work such as due to illness, quarantine order, parental leave, and other important personal obstacles, can be recognized as the performance of work for the purpose of calculating the leave, but is allowed up to only 20 times the specified weekly working time or 20 times the shorter weekly working time in the same calendar year.
Also, the above obstacles will be considered as the performance of work if the employee has worked during a calendar year for at least 12 times the specified weekly working hours or shorter weekly hours.
Holiday Pay – Employees are entitled to wages in an amount equal to average earnings for the period of annual leave. An employee is entitled to receive wages for untaken vacation only in case of termination of employment.
Shortening of Leave – An employer may reduce the leave only for an unexcused missed shift by the number of missed hours. The leave can only be reduced for reasons such as temporary incapacity, quarantine, maternal/parental leave. When reducing the leave an employee whose employment with the same employer lasted for the entire calendar year must be granted leave for at least 2 weeks for the entire year.
Manner of taking annual leave – An employer shall ensure that the employees take the annual leave in the calendar year in which the entitlement arose unless personal obstacles at work take place. An employee can be granted leave in several parts, but at least one part must be of 2 weeks duration in total unless the employer and employee agree on different lengths of leave.
Carry Forward of Leave – An employer and employee may enter into an agreement in cases where an employee has leave that exceeds the statutory minimum of 4 weeks, to be carried forward until the end of the following calendar year.
In case, an employee is not able to use the leave in the relevant calendar year due to personal obstacles at work such as temporary incapacity, maternity leave, parental leave, etc, in such circumstances, the annual leave can be taken after the end of such obstacles at work via an agreement between the employer and employee.
Annual leave coinciding with Public Holiday – If during an employee’s annual leave, a public holiday falls on a day which is otherwise his normal working day, it shall not be included in the leave. However, this does not apply if the employee would otherwise \have to work on the day of the holiday.
If the employer has scheduled compensatory leave for an employee – for overtime work or for work performed on a public holiday in such a way that it falls within the period of annual leave, in such case, the employer shall assign the employee compensatory leave for another day. Act No. 262/2006 Coll., Labour Code § 212 – 223.
Effective January 1, 2022, the current minimum wage is CZK 16,200/month.
If an employee becomes incapable of work due to sickness or injury, the employer must pay sickness benefits from the first day to the 14th day of work incapacity.
The sickness benefit is equal to 60 per cent of the employee’s average wage. During the first 14 days of an employee’s inability to work, employers are permitted to check that the employee is following a physician’s instructions. If employees violate the prescribed regimen, employers can reduce sick benefits or, in the case of a gross breach, refuse to pay them at all. The government authority pays sick benefits from the 15th day of work incapacity. Act No. 262/2006 Coll., Labour Code, § 192 and Act No. 187/2006 Coll., Sickness Insurance Act. § 23 – 30.
Parental leave must be granted to employees on request. Parental leave can be taken at any time from the end of maternity leave (for mothers) or the date of birth (for fathers) to the extent requested by the employee. It can last at a maximum until the child reaches 3 years of age.
Pay – Employees are entitled to 70% of their average earnings for the period of parental leave. Act No. 262/2006 Coll., Labour Code § 196.
Female employees are entitled to 28 weeks of maternity leave (37 weeks for multiple births). A female employee shall go on her maternity leave, at the beginning of the sixth week before the expected childbirth date, but no earlier than the beginning of the eighth week before the expected date of delivery.
If a female employee has taken less than six weeks of maternity leave before the childbirth because the child was born earlier than the expected date of delivery she is entitled to maternity leave as of the day when she started to take it until the expiry of the period of 28 weeks or 37 weeks in case of multiple births. If a female employee has had less than six weeks of maternity leave before delivery of the child for some other reason, she shall be entitled to 22 weeks of maternity leave as of the childbirth, or to 31 weeks if she gives birth to two or more children at the same time. If a child is stillborn, the female employee is entitled to maternity leave of 14 weeks.
Maternity leave shall not be shorter than 14 weeks and it can not be terminated before the expiry of 6 weeks from the date of birth. If a child dies while the employee is on maternity or parental leave or when an employee is on parental leave in such cases, the maternity or parental leave shall be granted for a further period of 2 weeks from the date of the child’s death, until the child reaches the age of 1 year at the latest.
Pay – The payment for the period of maternity leave is made by the Social Sickness Insurance Authority.
An employee is entitled to two 30 minutes breaks for each child up to the end of 1 year of age. Subsequently, in the next 3 months, mothers are entitled to one 30 minutes break. In case, the mother works part-time, but at least half of a week’s working time, she is entitled to only one 30 minutes break, for each child up to the age of 1 year.
This break is in addition to other breaks to which an employee may be entitled. Breastfeeding breaks are included in working hours and are paid in an amount equal to average earnings. Act No. 262/2006 Coll., Labour Code § 195,198 and 242.
Fathers are entitled to 14 days of paternity leave on the birth or adoption of a child(under the age of 7 years). The leave shall be taken within 6 weeks of birth or adoption of a child. The 6 week period for entering paternity leave will be extended by the time during which the newborn or mother is hospitalized for health reasons.
Pay – Fathers are entitled to 70% of their average earnings for the period of leave. Act No. 187/2006 Coll., Sickness Insurance Act. § 38.
Employees are entitled to leave from work for caring for a child younger than 10 years of age who is ill or has suffered an injury or for providing care to a sick family member whose state of health due to illness or injury necessarily requires care by another natural person.
Pay – The payment for the duration of leave taken by the employee is made by the Social Sickness Insurance Authority. Act No. 262/2006 Coll., Labour Code § 203 an Act No. 187/2006 Coll., Sickness Insurance Act. § 38.
Employees who have taken a child into their care and are in the position of substituting parental care are entitled to maternity and parental leave. A female employee is granted a maternity leave of 22 weeks from the day she takes a child into her care (31 weeks for two or more children), though this leave cannot extend beyond the child’s first birthday. Parental leave is the same as for birth parents.
Pay – The payment for the duration of leave taken by the employee is made by the Social Sickness Insurance Authority. Act No. 262/2006 Coll., Labour Code § 197.
Employees are entitled to paid leave to the extent necessary in order to perform military services. Employees shall also be entitled to time off work from the employer which is necessary for the journey to the place of occupation for the period of military training or service in operational deployment and recovery.
If the performance of an employee’s work tasks extends within 24 hours after termination of military exercise or service in operational deployment, in such circumstances also the employees shall be provided the required time off from work. Act No. 262/2006 Coll., Labour Code § 204.
Employees are entitled to leave for a period as may be required to perform public functions and other acts in the general interest if such activities cannot be performed outside working hours. An employer is not required to pay wages for the period of leave unless specified by separate legislation or internal regulation. Act No. 262/2006 Coll., Labour Code § 200.
An employee who performs a public function may be granted leave of up to 20 working days in a calendar year for the performance of a public function. Act No. 262/2006 Coll., Labour Code § 201.
Employees are entitled to leave for reasons related to being personal obstacles at work which can be paid or unpaid depending upon the purpose for which the leave is being taken to the extent as may be specified by the government authority. In cases, where an employee is being sent to another international organization as a national expert, the employee shall be entitled to paid leave to the extent required but no longer than a period of 4 years. Act No. 262/2006 Coll., Labour Code § 199.
The performance of civic duties is in particular for witnesses, interpreters, forensic experts and other persons summoned to appear before a court, administrative authority, other state body or body of a territorial self-government unit, in providing first aid, in measures against infectious diseases, in providing personal assistance in fire protection, in the event of natural disasters, or in similar extraordinary cases, and also in cases where a natural person is obliged under legal regulations to provide personal assistance. The duration of the leave is not provided in the legislation. Act No. 262/2006 Coll., Labour Code § 202.
An employee who participates in training or study which interferes with the working hours is entitled to paid leave, in order to improve the performance of the work to the extent as may be required. Act No. 262/2006 Coll., Labour Code § 205.
Employees are entitled to paid leave for a period of 5 working days in order to participate in training organized by the trade union.
Act No. 262/2006 Coll., Labour Code § 205(c).
An employee is entitled to 24 hours of paid leave for the purpose of donating blood and recovery. In cases, where 24 hours is not sufficient, the required amount of leave with wages shall be provided by the employer for the necessary additional time. The donor of other biological materials are generally provided with 48 hours of paid time off but in case the donor requires more time, then the employer shall provide sufficient paid time off as may be necessary. Act No. 262/2006 Coll., Labour Code § 205(d).
Employees are entitled to paid leave in the number of average earnings for a maximum of 1 week in a calendar year (for one employer) and only if it is an event organized by a legal entity registered in the public register of legal and natural persons for at least 5 years and working with children and young people is her main activity. Act No. 262/2006 Coll., Labour Code § 203(h) and 203(a).
- An employee shall be entitled to paid time off from work for attending lectures or teaching for a maximum period of 12 shifts (working days) in a calendar year. The shorter parts of the individual shifts in which leave was granted are added together.
- Employees who are members of Mountain Service and personally assist in a rescue operation in the field shall be entitled to time off work to the extent required.
- Employees working as economic and health representatives, leaders, educators in the children and youth camp shall be entitled to take paid leave to the extent necessary but no more than 3 weeks in a calendar year.
- The activities of a Red Cross volunteer in providing medical supervision at a sporting or social event shall be entitled to time off work to the extent strictly necessary.
- The activities of mediators and arbitrators in collective bargaining shall be entitled to time off work to the extent necessary.
Act No. 262/2006 Coll., Labour Code § 205(f) – 205(l).