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Amendment to the Labour Code finally approved with effect from 1 October 2023

Company: Eversheds Sutherland, advokátní kancelář, s.r.o.

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:




     Home office    

  • 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.  


  • 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.

Agreement on performance of work (APW)/Agreement on working activity (AWA)

  • 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.
  • Revise the existing templates of the APWs/AWAs
  • Conclude amendments to the existing APWs/AWAs
  • Review and modify existing internal regulations, documentation, and processes.

Extension of the information obligation

  • 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. 
  • Revise and complete the template information. 
  • Prepare new information for APW/AWA. 
  • Review and modify existing internal regulations, documentation, and processes. 

Electronic conclusion of agreements

  • 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). 
  • Decide on the electronic conclusion of agreements.
  • Obtain private email addresses from employees. 
  • Review and modify existing internal regulations, documentation, and processes.

Delivery of important HR documents

  • 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).
  • 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.

Other important 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.
  • Review and modify existing internal regulations, documentation, and processes.  
  • New agreements for additional overtime for employees in the healthcare sector.  



We will be happy to provide you with further information and legal support in implementing the changes. Contact: Radek Matouš, Partner.

Tags: Law |

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