Other changes to the Labour Code with effect from 1st November 2022

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  • Employment contract – only the general essential elements of an employment contract must be agreed upon in the employment contract. The essential elements of an employment contract are the type of work, place of work, date of commencement of work and salary conditions. For other terms and conditions of employment, it is at the employer’s discretion whether to regulate them in the form of written information or to keep them in the employment contract. Other elements include the payment date, working time, amount of leave and length of notice period.

 

  • Deductions from salary – Until now, an employer could make deductions from an employee’s salary in connection with the provision of meals exclusively on the basis of an agreement concluded between the employer and the employee; however, as the amendment to the Labour Code became effective on 1st November 2022, the employer is entitled to make a unilateral deduction from the salary also in the case of an unaccounted advance payment for the provision of meals or for a provided financial contribution for meals.

 

  • Minimum predictability of work – The employer is obliged to provide the employee, when concluding a work performance agreement, a student temporary work agreement or a work activity agreement, with written information on the days and periods of time during which the employee may be required to perform the work and the time limit within which the employee is to be informed of the performance of the work prior to its commencement, which must not be less than 24 hours. If the employer cancels the performance of work within a shorter period than the period notified to the employee, the employee is entitled to a minimum of 30% of the remuneration to which the employee would have been entitled if they had actually worked.

 

  • Performance of income-generating activity outside working hours – the employer cannot prohibit the employee from performing other income-generating activity outside working hours. In the case of a competing activity, the employer’s consent will still be required.

 

  • Probationary period for fixed-term employment – The probationary period must be appropriate and therefore must not exceed half of the agreed duration of the employment relationship. The statutory limit on the length of the probationary period (3 or 6 months) remains in force.

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