The labor-law relationship is far more affected by a number of constraints that affect the “absolute” choice of decision-making. This restriction stems from the public interest of the state in the protection of entities that are in the labor relations in the position of the weaker, i.e. the employees. The limitation of the state’s autonomy lies in the protection of values such as the protection of the health and life of citizens, as well as the Institute of Health and Safety at Work. The state also oversees the area of social affairs, for example, the state employment policy (implementation of active employment policy) and the resulting employer’s duty to create job vacancies, jobs for a special group, and people with health restrictions or women taking care of young children.[1] Of course, most employers are trying to avoid employing people with disabilities, it is not their duty. We are talking about small companies whose number of employees does not exceed ten. Employers with more than 25 employees with the employment contract are obliged to employ persons with disabilities in the amount of the mandatory share of these persons in the total number of employees of the employer. The mandatory share is 4%.
It’s not easy for women with small children. Here, the employer is often absent and tries to avoid unnecessary complications. In the event that they employ such a woman, she already has the duty and the woman to have the right to protect her in the form of mandatory standards.
Competitive clause
The Employer has the right to enter in the labor contract the clause on the competition clause, i.e. the agreement to prevent abuse of information acquired in connection with the performance of employment, which the employee undertakes to take for a certain period of time after the end of his employment, for a period of one year, refrain from engaging in a gainful activity which is identical to, or is of, a competitive nature. That is fine, the employer has the right to do so, but violation on his part is that he interprets this provision by his own interpretation, that is to say, contrary to the law, and forgets that he is obliged to provide the employee with adequate financial compensation but at least the average monthly earnings for each month of performance of the commitment, but not longer than one year. It relies on the employee’s ignorance and part of the performance in the contract is missing. He should also consider what internal information, knowledge, technology the employee comes into contact with. However, if an employee enters into a termination agreement, the employer will pay cash compensation, and it is incumbent on him to refrain from acting in a manner that would be contrary to the agreement. The employer is also entitled to negotiate a contractual fine for the violation or may withdraw from the agreement if the employee has changed his previous work and no longer comes into contact with important information. Conversely, an employee may terminate the agreement if the employer fails to pay off, 15 days after maturity.
The employment contracts often contain a chapter on sanctions. Employers consider that they can grant them to employees for breach of their duties, sanctions for failure to prepare the records for the transactions executed, summaries of the agreed working meetings, prepared travel books on a certain date of the following month or part of the employment contract are sanctions for late arrivals. However, such a procedure does not comply with the Labor Code. Under the principles of the Labor Code, the employer determines that an employer may not impose financial penalties on the employee for breach of the obligation arising from the employment relationship unless it is a matter for which the employee is responsible.
Initial medical examination
For certain jobs, it is the duty of the employer to ensure, in cases specified by the state health authorities, that the employee undergo an initial medical checkup. If it is not communicated to a doctor, it is possible to attend a doctor. The employer should prefer a doctor who knows the work environment.
Reporting obligation
At the time of the first employee’s arrival, the employer is obliged to notify the relevant health insurance company about the basic information within 8 days after the start of the employment, and is obliged to register with the health insurance company for the payment of the employee’s insurance premium. This obligation does not end, but it must notify the relevant social security administration within 8 days of the entry of the employee, and it is also the duty to notify the employment of each of his employees also within 8 days. The same obligation is also at the end of the employment relationship, again within 8 days.
Working hours
Even in the current economic crisis, the employer has to start from the statutory working hours (it must not exceed 40 hours a week) and due to poor sales, he cannot set shorter working hours. Arranging shorter working hours is a free expression of the will of both parties – employees and employers. There is no legal entitlement to shorter working hours. Setting weekly working hours may not be part of a contract.
Switching to another job
If the employee is unable to perform the job according to his employment contract, the employer has the obligation to transfer it to another job. In some personal events in the life of the employee, which make it impossible for him / her to work, labor law seeks to protect employees from termination of employment (even against his / her will). In such situations, the employer is obliged to impose other work on the employee. The Act regulates these cases in the framework of the modification – compulsory and optional:
the employer is obliged to transfer the employee to another job
the employer can transfer employees to another jo;
Employer transfers employees unilaterally
Employer transfers employees with his / her consent.
What matters is how the employment contract is adjusted. If more than one type of work is agreed in a contractual relationship, the employer does not need permission if he transfers employees to another job under a contract of employment. We are talking here about the device. Using the layout does not change the content of the employment relationship. It is the employer’s responsibility to allocate a kind of contract work.
A change in content in a contract of employment occurs when the employee is transferred to another type of work. This is a one-sided interference with the agreed contractual basis of employment. The content is changed and the employee is obliged to perform the work according to the type of transfer. The employer has the right to assign work by type of transfer. However, the transfer to another type of work can only be done in accordance with the law.
We distinguish several situations. The first, if the employer cannot assign the job, can be transferred even without the employee’s consent, because the obligation is imposed by law. The second case is the transfer of the employee at his own discretion. The last variant comes with the employee’s approval.
[1] PRŮŠA, L. Economics of Social Services. 2. edit. Prague : ASPI, a.s. , 2007. p. 11-19.
The labor-law relationship is far more affected by a number of constraints that affect the “absolute” choice of decision-making. This restriction stems from the public interest of the state in the protection of entities that are in the labor relations in the position of the weaker, i.e. the employees. The limitation of the state’s autonomy lies in the protection of values such as the protection of the health and life of citizens, as well as the Institute of Health and Safety at Work. The state also oversees the area of social affairs, for example, the state employment policy (implementation of active employment policy) and the resulting employer’s duty to create job vacancies, jobs for a special group, and people with health restrictions or women taking care of young children.[1] Of course, most employers are trying to avoid employing people with disabilities, it is not their duty. We are talking about small companies whose number of employees does not exceed ten. Employers with more than 25 employees with the employment contract are obliged to employ persons with disabilities in the amount of the mandatory share of these persons in the total number of employees of the employer. The mandatory share is 4%.
It’s not easy for women with small children. Here, the employer is often absent and tries to avoid unnecessary complications. In the event that they employ such a woman, she already has the duty and the woman to have the right to protect her in the form of mandatory standards.
Competitive clause
The Employer has the right to enter in the labor contract the clause on the competition clause, i.e. the agreement to prevent abuse of information acquired in connection with the performance of employment, which the employee undertakes to take for a certain period of time after the end of his employment, for a period of one year, refrain from engaging in a gainful activity which is identical to, or is of, a competitive nature. That is fine, the employer has the right to do so, but violation on his part is that he interprets this provision by his own interpretation, that is to say, contrary to the law, and forgets that he is obliged to provide the employee with adequate financial compensation but at least the average monthly earnings for each month of performance of the commitment, but not longer than one year. It relies on the employee’s ignorance and part of the performance in the contract is missing. He should also consider what internal information, knowledge, technology the employee comes into contact with. However, if an employee enters into a termination agreement, the employer will pay cash compensation, and it is incumbent on him to refrain from acting in a manner that would be contrary to the agreement. The employer is also entitled to negotiate a contractual fine for the violation or may withdraw from the agreement if the employee has changed his previous work and no longer comes into contact with important information. Conversely, an employee may terminate the agreement if the employer fails to pay off, 15 days after maturity.
The employment contracts often contain a chapter on sanctions. Employers consider that they can grant them to employees for breach of their duties, sanctions for failure to prepare the records for the transactions executed, summaries of the agreed working meetings, prepared travel books on a certain date of the following month or part of the employment contract are sanctions for late arrivals. However, such a procedure does not comply with the Labor Code. Under the principles of the Labor Code, the employer determines that an employer may not impose financial penalties on the employee for breach of the obligation arising from the employment relationship unless it is a matter for which the employee is responsible.
Initial medical examination
For certain jobs, it is the duty of the employer to ensure, in cases specified by the state health authorities, that the employee undergo an initial medical checkup. If it is not communicated to a doctor, it is possible to attend a doctor. The employer should prefer a doctor who knows the work environment.
Reporting obligation
At the time of the first employee’s arrival, the employer is obliged to notify the relevant health insurance company about the basic information within 8 days after the start of the employment, and is obliged to register with the health insurance company for the payment of the employee’s insurance premium. This obligation does not end, but it must notify the relevant social security administration within 8 days of the entry of the employee, and it is also the duty to notify the employment of each of his employees also within 8 days. The same obligation is also at the end of the employment relationship, again within 8 days.
Working hours
Even in the current economic crisis, the employer has to start from the statutory working hours (it must not exceed 40 hours a week) and due to poor sales, he cannot set shorter working hours. Arranging shorter working hours is a free expression of the will of both parties – employees and employers. There is no legal entitlement to shorter working hours. Setting weekly working hours may not be part of a contract.
Switching to another job
If the employee is unable to perform the job according to his employment contract, the employer has the obligation to transfer it to another job. In some personal events in the life of the employee, which make it impossible for him / her to work, labor law seeks to protect employees from termination of employment (even against his / her will). In such situations, the employer is obliged to impose other work on the employee. The Act regulates these cases in the framework of the modification – compulsory and optional:
What matters is how the employment contract is adjusted. If more than one type of work is agreed in a contractual relationship, the employer does not need permission if he transfers employees to another job under a contract of employment. We are talking here about the device. Using the layout does not change the content of the employment relationship. It is the employer’s responsibility to allocate a kind of contract work.
A change in content in a contract of employment occurs when the employee is transferred to another type of work. This is a one-sided interference with the agreed contractual basis of employment. The content is changed and the employee is obliged to perform the work according to the type of transfer. The employer has the right to assign work by type of transfer. However, the transfer to another type of work can only be done in accordance with the law.
We distinguish several situations. The first, if the employer cannot assign the job, can be transferred even without the employee’s consent, because the obligation is imposed by law. The second case is the transfer of the employee at his own discretion. The last variant comes with the employee’s approval.
[1] PRŮŠA, L. Economics of Social Services. 2. edit. Prague : ASPI, a.s. , 2007. p. 11-19.
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