As the amendment is effective as early as 1 October 2023, we provide below an overview of the main changes, indicating the necessary or recommended steps for employers to be taken:
1) Home Office
Overview of Main Changes
- HO will only be possible based on a written agreement with 15 days’ notice (can be modified or excluded by agreement).
- 3 methods of compensation for costs of HO: (i) proven actual costs, (ii) flat rate per hour as per relevant regulation, or (iii) agreement that no costs are to be compensated.
- Protected employees (pregnant women, employees caring for children under 9 or dependents) can request HO - discretionary, only right to written explanation.
How to Prepare?
- Enter into a written HO agreement within 1 month.
- Select and implement a method of compensation for costs of HO.
Review and modify existing internal HO agreements, guidelines, and regulations.
2) Agreement on Performance of Work (APW)/Agreement on Working Activity (AWA)
Overview of Main Changes
- Obligation to schedule employees' working hours and to inform the employees of the schedule at least 3 days before the shift, unless a shorter period has been agreed.
- Entitlement to basic scheme allowances (for night shifts, weekend shifts, holidays shifts, difficult working environment).
- Application of the Labour Code regarding working hours and mandatory rest periods.
- Entitlement to all work-related impediments as for employment, but newly granted impediments are unpaid.
- Holiday entitlement (from 1.1.2024) - same calculation as for employees working on the basis of an employment agreement (notional 20h work week, the employee must work minimum of 4 weeks and 80 hours).
Option to apply for transfer to the legal regime of an employment agreement - after working a minimum of 180 days in the last 12 months - discretionary, only right to written explanation.
How to Prepare?
- Revise the existing templates of the APWs/AWAs
- Conclude amendments to the existing APWs/AWAs
Review and modify existing internal regulations, documentation, and processes.
3) Extension of the Information Obligation
Overview of Main Changes
- Expanding the scope of information to be provided during onboarding.
- Special information obligation when sending employee for work abroad.
- Reduction of the time limit to 7 days from the start of the employment.
- Existing employees only need to be “newly” re-informed if they request it.
- Possibility to inform electronically if it is possible to save and print the information.
Information also for APW/AWA to an equivalent extent.
How to Prepare?
- Revise and complete the template information.
- Prepare new information for APW/AWA.
Review and modify existing internal regulations, documentation, and processes.
4) Electronic Conclusion of Agreements
Overview of Main Changes
- It will be possible to conclude the employment agreement, APW/AWA and amendments thereto, including termination agreements, electronically, typically by e-mail, even with a simple electronic signature.
- Under the condition that, once concluded, the document will be delivered to the employee's private e-mail address, which the employee has notified in writing.
The employee can withdraw within 7 days (except for termination agreements and if the employee has already started working).
How to Prepare?
- Decide on the electronic conclusion of agreements.
- Obtain private email addresses from employees.
Review and modify existing internal regulations, documentation, and processes.
5) Delivery of Important HR Documents
Overview of Main Changes
- Significant narrowing of the list of documents that must be delivered in person pursuant to the Labour Code - in particular termination documents (with the exception of agreements) and salary statement remain.
- It is up to the employer to choose the main method of delivery (in person at the workplace/anywhere, by e-mail or by databox). Only by classic mail delivery, the impossibility of personal delivery at the workplace is required.
- It will be possible to deliver using e-mail with a recognised e-signature, subject to the employee's special consent to his/her private e-mail address (fiction of delivery after 15 days).
- It will also be possible to deliver to the employee's databox without his/her consent unless he/she denies deliveries of private messages.
Significant simplification also for e-delivery to a designated employer’s e-mail address (a simple signature is sufficient, 15day fiction of delivery).
How to Prepare?
- Decide on the use of e-delivery.
- Prepare wording and obtain qualified employees’ consents.
- Obtain databox information.
- Determine and inform employees about email address for delivery to the employer.
Review and modify existing regulations, documentation, and processes.
6) Other Important Changes
Overview of Main Changes
- Increase in limits for agreed overtime for employees in the healthcare sector.
- Modified request for parental leave (in writing, at least 30 days in advance, incl. duration)
- "Shortened" continuous rest week (min. 24 hours, but plus 11 hours)
Shifted burden of proof in certain employee disputes.
How to Prepare?
- Review and modify existing internal regulations, documentation, and processes.
- New agreements for additional overtime for employees in the healthcare sector.
By Radek Matous, Partner, Eversheds Sutherland
