Labour law and social security law
Sources and scope
Act No. 262/2006 Sb. (zákoník práce) governs individual and collective employment relations. Act No. 435/2004 Sb. regulates employment mediation and foreign employment; social security and health insurance are separate statutes. The exam tests formation, termination, working time, remuneration and social protection.
Employment relationship
An employment contract must be in writing and state the type of work, place and start date. Probation may not exceed three months (six for a managerial employee). A fixed term may be agreed for at most three years and repeated, but the total duration may not exceed nine years. The employer must provide written information about rights and duties.
Termination may be by agreement, notice (výpověď), immediate termination or during probation. An employer’s notice requires a statutory reason (organizational, performance, misconduct); an employee may give notice without reason. The general notice period is two months and starts on the first day of the following month. Special protection applies to pregnant employees, parents and employees on sick leave.
Working time is generally 40 hours per week; overtime is limited to 150 hours per year without agreement. Employees are entitled to at least four weeks’ paid holiday, rest breaks and premium pay for overtime (25%), night work and work on holidays. Wages are agreed in the contract or collective agreement, subject to the minimum wage.
Social security
Social insurance covers sickness, pension, unemployment and accident benefits; health insurance is separate. Contributions are shared between employer and employee. The Labour Office administers unemployment support; the Czech Social Security Administration (ČSSZ) administers pensions and sickness benefits.
Worked example
An employer dismisses an employee for “redundancy” but the real reason is that she complained about safety. The notice states organizational reasons that are not supported by any decision. Because the statutory reason is absent and the notice is pretextual, the termination is invalid; the employee may seek reinstatement and wage compensation. The court reviews the reason given, not a later substitute.
Traps
Using a notice without a statutory reason; miscalculating the notice period; confusing probation with a fixed term; and forgetting special protection of pregnant employees and parents.