BASIC RIGHTS OF EMPLOYEES STEMMING FROM LEGISLATION
National law - CZ - Employment Law
The Labor Code has a higher level of protection for employees who are worse off seeking employment on the labor market for reasons of a biological or social event. These are disabled people, women and adolescents. Women are not allowed to perform work that would endanger their pregnancy. The employer is obliged to transfer them to another job under the same financial terms. For women who are breastfeeding, they are obliged to establish a room for their rest and breastfeeding breaks.
Right to rest
Relaxation, we could call it an activity where an employee in this time span between the work shifts should supplement and draw strength, restore the organism, regenerate. The employer has an obligation to assign work to employees during working hours. In addition, the employee has a break and a resting place. Rest periods are not working hours. On the working day there is a change of work and rest. With the rest, we can meet in the form of breaks in work, relaxation between two shifts, safety break, rest between working weeks (weekend days), holidays and holidays.
The purpose of the break in work is to determine the optimal layout of the work performance and the necessary rest of the employee. It can be provided at any time during the working hours in order to meet the employee’s recreational purpose and meals. It should not be at the beginning and at the end of the shift, it is forbidden by the Labor Code. It is not excluded that the break may be divided into several breaks, the condition is that one part lasts at least fifteen minutes, and at most after six hours of continuous work the total breaks will be thirty minutes. Allowed breaks in meal work do not count towards working time. For longer-lasting shifts or subsequent overtime, a break of thirty minutes is required after a further six hours. Thus, if the employee works part-time, for less than six hours of working time, the employer does not have to give him a break for food and rest. The break is not working time, so the employee can leave his workplace for a specified period of time.
For work activities that cannot be interrupted, guarding of objects, a break into working hours is counted. Employee is therefore entitled to a reasonable period of time in which to eat and to rest. Employer’s duties do not include recording of breaks at work but are required to keep records of working time, overtime and standby. Juveniles up to 18 years of age are tightened by working conditions; breaks must be provided for up to 4.5 hours of continuous work.
Right to wage and salary
The Labor Code defines the provision of remuneration for personal performance as the primary duty of the employer. The term “remuneration for work done” can be found in all forms of basic labor relations, which are the employment relationship and the legal relations established by the labor agreement and the activity agreement.
The law excludes the conduct of dependent work without payment. Wages are cash benefits provided by the employer to the employee for their work. The employer also has the option of providing part of the wage in a natural form. The amount of wages is negotiated on the basis of the autonomy of the will by the subjects of the labor-law relationship.
The minimum wage has two basic functions in relation to employees and employers. The task is to achieve its balanced level from the point of view both of the employees, employees and employers.
The social protection function of the minimum wage should protect employees from poverty and allow them to live at the level of modest consumption and social contacts. Employers have a minimum wage protection function to ensure a level playing field for wage competition.
The economic-critical function of the minimum wage creates prerequisites for the income motivation of citizens to seek, receive and perform work, for the benefit of employees through work income to persons with social income. For employers, the minimum wage is the lowest level of wage costs for employees. If the pay (if paid or remunerated from the agreement) is not equal to the minimum wage in the calendar month, the employer is obliged to provide the employee with a wage supplement equal to the difference between the wage reached in the calendar month and the respective minimum monthly wage or the difference between wage 1 hour worked and the corresponding minimum hourly wage. The employer has the obligation to provide the employee with a supplement, regardless of whether it was lower or not. The minimum wage in the year 2018 is 12 200 CZK / month for employees remunerated with monthly wages for weekly working hours of 40 hours. The salary bill serves as a one-sided action on the part of the employer and determines the salary of the employee in public services. Salary is defined as the employee’s cash benefits provided by the employer. Therefore, it is not possible to provide a part in the form of a natural fulfillment.
A salary tariff creates the employee’s right to a certain wage component at a certain amount. The type of work in the employment contract and the catalog of work is decisive for the inclusion of an employee in a particular grade. The applicable salary rates are set out in the Labor Code.
Personal obstacles on the part of the employee
These are the types of work barriers where the employee does not ask for a job, because the mere fact of existence proved by the employee by the employer creates an obligation for the employer to excuse the employee’s absence at work. The employee is obliged to always prove such an obstacle and to announce in good time.
Labor law respects that there may be objective reasons in the employee’s life to make it impossible to perform work. Obstacles at work need to be taken into account for the fact that employees are prevented from doing their job and are recognized by law or by employers.
In addition to incapacity for work during the first fourteen days when the employer is required to provide employees, the employer is not obliged to pay wages or salaries to employees other than those for whom the Government prescribes a set of obstacles at work, the amount of working time and pay. Obstacles include maternity leave, the worker is responsible for giving birth for twenty-eight weeks) and two or more children for thirty-seven weeks. At the maternity leave the female worker enters the six weeks before the birth. The employer is obliged to provide a worker or employee with parental leave at their request, up to the age of three years of the child.
The law divides the employee’s barriers to personal barriers to work where he or she carries out the usual work for himself / herself (temporary incapacity for work, maternity and parental leave, care for a child under 10 years of age, examination or treatment, marriage, funeral, childbirth); to obstacles at work due to the general interest, ie for the society or in the interest of the state (exercise of public office, blood donation, military duty, military exercise).
The Labor Code has a higher level of protection for employees who are worse off seeking employment on the labor market for reasons of a biological or social event. These are disabled people, women and adolescents. Women are not allowed to perform work that would endanger their pregnancy. The employer is obliged to transfer them to another job under the same financial terms. For women who are breastfeeding, they are obliged to establish a room for their rest and breastfeeding breaks.
Right to rest
Relaxation, we could call it an activity where an employee in this time span between the work shifts should supplement and draw strength, restore the organism, regenerate. The employer has an obligation to assign work to employees during working hours. In addition, the employee has a break and a resting place. Rest periods are not working hours. On the working day there is a change of work and rest. With the rest, we can meet in the form of breaks in work, relaxation between two shifts, safety break, rest between working weeks (weekend days), holidays and holidays.
The purpose of the break in work is to determine the optimal layout of the work performance and the necessary rest of the employee. It can be provided at any time during the working hours in order to meet the employee’s recreational purpose and meals. It should not be at the beginning and at the end of the shift, it is forbidden by the Labor Code. It is not excluded that the break may be divided into several breaks, the condition is that one part lasts at least fifteen minutes, and at most after six hours of continuous work the total breaks will be thirty minutes. Allowed breaks in meal work do not count towards working time. For longer-lasting shifts or subsequent overtime, a break of thirty minutes is required after a further six hours. Thus, if the employee works part-time, for less than six hours of working time, the employer does not have to give him a break for food and rest. The break is not working time, so the employee can leave his workplace for a specified period of time.
For work activities that cannot be interrupted, guarding of objects, a break into working hours is counted. Employee is therefore entitled to a reasonable period of time in which to eat and to rest. Employer’s duties do not include recording of breaks at work but are required to keep records of working time, overtime and standby. Juveniles up to 18 years of age are tightened by working conditions; breaks must be provided for up to 4.5 hours of continuous work.
Right to wage and salary
The Labor Code defines the provision of remuneration for personal performance as the primary duty of the employer. The term “remuneration for work done” can be found in all forms of basic labor relations, which are the employment relationship and the legal relations established by the labor agreement and the activity agreement.
The law excludes the conduct of dependent work without payment. Wages are cash benefits provided by the employer to the employee for their work. The employer also has the option of providing part of the wage in a natural form. The amount of wages is negotiated on the basis of the autonomy of the will by the subjects of the labor-law relationship.
The minimum wage has two basic functions in relation to employees and employers. The task is to achieve its balanced level from the point of view both of the employees, employees and employers.
The social protection function of the minimum wage should protect employees from poverty and allow them to live at the level of modest consumption and social contacts. Employers have a minimum wage protection function to ensure a level playing field for wage competition.
The economic-critical function of the minimum wage creates prerequisites for the income motivation of citizens to seek, receive and perform work, for the benefit of employees through work income to persons with social income. For employers, the minimum wage is the lowest level of wage costs for employees. If the pay (if paid or remunerated from the agreement) is not equal to the minimum wage in the calendar month, the employer is obliged to provide the employee with a wage supplement equal to the difference between the wage reached in the calendar month and the respective minimum monthly wage or the difference between wage 1 hour worked and the corresponding minimum hourly wage. The employer has the obligation to provide the employee with a supplement, regardless of whether it was lower or not. The minimum wage in the year 2018 is 12 200 CZK / month for employees remunerated with monthly wages for weekly working hours of 40 hours. The salary bill serves as a one-sided action on the part of the employer and determines the salary of the employee in public services. Salary is defined as the employee’s cash benefits provided by the employer. Therefore, it is not possible to provide a part in the form of a natural fulfillment.
A salary tariff creates the employee’s right to a certain wage component at a certain amount. The type of work in the employment contract and the catalog of work is decisive for the inclusion of an employee in a particular grade. The applicable salary rates are set out in the Labor Code.
Personal obstacles on the part of the employee
These are the types of work barriers where the employee does not ask for a job, because the mere fact of existence proved by the employee by the employer creates an obligation for the employer to excuse the employee’s absence at work. The employee is obliged to always prove such an obstacle and to announce in good time.
Labor law respects that there may be objective reasons in the employee’s life to make it impossible to perform work. Obstacles at work need to be taken into account for the fact that employees are prevented from doing their job and are recognized by law or by employers.
In addition to incapacity for work during the first fourteen days when the employer is required to provide employees, the employer is not obliged to pay wages or salaries to employees other than those for whom the Government prescribes a set of obstacles at work, the amount of working time and pay. Obstacles include maternity leave, the worker is responsible for giving birth for twenty-eight weeks) and two or more children for thirty-seven weeks. At the maternity leave the female worker enters the six weeks before the birth. The employer is obliged to provide a worker or employee with parental leave at their request, up to the age of three years of the child.
The law divides the employee’s barriers to personal barriers to work where he or she carries out the usual work for himself / herself (temporary incapacity for work, maternity and parental leave, care for a child under 10 years of age, examination or treatment, marriage, funeral, childbirth); to obstacles at work due to the general interest, ie for the society or in the interest of the state (exercise of public office, blood donation, military duty, military exercise).
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