Employment Contract in the Czech Republic: Types, Employee Rights and Obligations

What is an Employment Contract in the Czech Republic?

An employment contract is a key document that regulates the relationship between an employer and an employee in the Czech Republic. It defines the rights and obligations of both parties, working conditions, salary, working hours, and other important aspects of employment relations. The conclusion of a written employment contract is mandatory in accordance with Czech legislation, particularly the Labour Code (Zákoník práce, No. 262/2006 Sb.).

This document serves as a guarantee for both parties. For the employee, it is protection against unfair actions by the employer, and for the employer, it is a clear definition of the requirements for the employee and their functions.

Types of Employment Contracts in the Czech Republic

Czech legislation provides for several main types of employment contracts, which differ in duration and nature of work:

• Employment Contract for an Indefinite Period (na dobu neurčitou): This is the most common type of contract, which has no set end date. It terminates by mutual agreement, through resignation, or the death of the employee.
• Employment Contract for a Fixed Term (na dobu určitou): This contract is concluded for a specific period of time, which is clearly stated in the document. The legislation sets limits on the total duration of work under fixed-term contracts (usually up to 3 years, with the possibility of extension for another 3 years, but with certain exceptions).
• Contract for the Performance of Work (na základě dohody o provedení práce or dohody o pracovní činnosti): These contracts, known as "agreements on work performance" (DPP) and "agreements on work activity" (DPČ), have their own specifics. DPP is usually concluded for work with a limited number of hours per year (up to 300 hours per year with one employer). DPČ allows for more hours to be worked, but with certain deductions for social and health insurance.

The choice of contract type depends on the employer's needs and the nature of the work to be performed by the employee.

It is important to understand that regardless of the contract type, the employee has certain rights and obligations enshrined in the Labour Code. Ignorance of these norms can lead to the violation of your rights.

Employee Rights under an Employment Contract in the Czech Republic

Every employee working under an employment contract in the Czech Republic has a number of guaranteed rights:

• Right to Fair Remuneration: The employee has the right to a salary that corresponds to the work performed, qualifications, and experience. The minimum wage in the Czech Republic is established by law and is regularly reviewed.
• Right to Safe and Healthy Working Conditions: The employer is obliged to ensure a safe working environment, prevent occupational diseases, and work accidents.
• Right to Paid Leave: Every employee is entitled to at least 4 weeks of paid leave per year.
• Right to Limited Working Hours: The standard working week in the Czech Republic is 40 hours. Overtime is paid extra or compensated with days off.
• Right to Protection Against Discrimination: Legislation prohibits discrimination based on sex, race, age, religion, nationality, sexual orientation, etc.
• Right to Information: The employee has the right to be informed about their working conditions, internal regulations, collective agreements, etc.
• Right to Social and Health Insurance: Employees working under an employment contract are subject to mandatory social and health insurance, which provides benefits in case of illness, accident, retirement, etc.

These rights are fundamental and cannot be waived or limited by an employment contract if it contradicts the law.

Employee Obligations under an Employment Contract in the Czech Republic

In return, the employee also has certain obligations towards the employer:

• Perform Work According to the Contract: The employee is obliged to conscientiously perform the work stipulated in the employment contract, follow the employer's instructions, and adhere to internal regulations.
• Comply with Health and Safety Regulations: The employee must take care of their own safety and the safety of other employees, and follow health and safety instructions.
• Protect Employer's Property: The employee is responsible for the safekeeping of the company's property entrusted to them.
• Maintain Trade Secrets: If stipulated in the contract, the employee is obliged to maintain the confidentiality of information about the company's activities.
• Report Absence: In case of inability to come to work due to illness or other valid reasons, the employee is obliged to promptly inform the employer.

Failure to fulfill these obligations may lead to disciplinary action, up to and including dismissal.

Specifics of Employment Contracts for Foreigners

For Ukrainian citizens employed in the Czech Republic, an employment contract is no less important. In addition to general rights and obligations, foreigners must have an appropriate work permit or be exempt from obtaining one in accordance with the law. It is important that the employment contract is drawn up in Czech, and if necessary, also in Ukrainian for better understanding.

If document legalization is required for work in the Czech Republic, document translation, notarization, and, depending on the purpose, apostille or consular legalization may be needed. This is particularly relevant for documents on education, work experience, etc.

Important: All document translations for official use in the Czech Republic must be performed by а court-appointed translator (soudní překladatel).

Document Translation for the Czech Republic

If you plan to work or study in the Czech Republic, you will likely need translations of various documents: passport, birth certificate, marriage/divorce certificate, diplomas, certificates, work record books, certificates of no criminal record, etc.

Document translation must be done professionally, adhering to all requirements. For official recognition of documents in the Czech Republic, translations often require notarization. This means that a notary confirms the authenticity of the translator's signature.

In some cases, an apostille may be required – a special stamp that confirms the authenticity of a document for countries that are parties to the Hague Convention. If the country that issued the document is not a party to the convention, consular legalization may be required – a more complex procedure for authenticating documents through consular offices.

The Labour Code of the Czech Republic (Zákoník práce, No. 262/2006 Sb.) clearly regulates labor relations. We recommend carefully reviewing its provisions or seeking advice from a lawyer specializing in labor law.

For Ukrainians who have moved abroad, understanding the labor legislation of the host country is crucial. This will help avoid misunderstandings and protect your rights.