Some Other Important Provisions
Employers with more than 25 full-time employees are obliged to employ persons with disabilities in such a number as to satisfy the mandatory ratio of these persons in the employer’s regular staff. The mandatory ratio is 4%.
This obligation can be fulfilled by employers employing or purchasing products or services from organisations employing more than 50% employees with disabilities, by placing orders with these employers, or by taking products or services from self-employed persons with disabilities not employing any employees; or by placing orders with these persons; or by payment to the state budget or by a combination of the above methods. Employers who employ more than 50% of employees with disabilities and self-employed disabled persons may, for the purposes of fulfilment of the above obligation, provide their products and services or fulfil the placed orders in a calendar year only up to an amount corresponding to 36 times the average monthly salary in the national economy in the first to third quarter of the preceding calendar year for every recalculated employee with a disability employed in the previous calendar year.
The amount of the payment to the state budget for every person with a disability whom the employer should employ equals 2.5 times the average monthly salary in the national economy for the first to third quarter of the calendar year in which the obligation to meet the mandatory ratio of persons with disabilities arose. The amount of average salary for the first to third quarter is proclaimed by the Ministry on the basis of data from the Czech Statistical Office through a communication published in the Collection of Laws. The mandatory payment for each missing employee with a disability was CZK 78,062.50 in 2018.
- An employer may notify the competent regional branch of the Labour Office of the Czech Republic of vacancies and their characteristics. Vacancies means newly created or vacant jobs for which the employer intends to obtain employees or intends to fill them with temporarily assigned employees of an employment agency. The employer may make this notification also to the locally competent municipal trade licence department.
- A regional branch of the Labour Office of the Czech Republic keeps records of vacancies which include the identification details of the employer, basic characteristics of the vacancy, i.e. specification of the type of work and place of work, qualifications and requirements set for the position, basic information about work and salary conditions and information whether the vacancy is reserved or suitable for a disabled person. The records also contain information on whether the employment is for an indefinite or fixed term and its anticipated duration. The records may also contain, in particular, information on accommodation possibilities, travelling to work and other information that the employer requires to be published.
- A regional branch of the Labour Office of the Czech Republic does not offer and publish offers of employment that are of a discriminatory nature or at variance with labour-law and other legal regulations or unethical. It also does not offer and publish vacancies at an employer on whom a penalty has been imposed for breach of an obligation following from labour-law regulations or for breach of an obligation following from the special legal regulations which are inspected by the State Authority for Labour Inspection or the Area Labour Inspectorate, for a period of 3 months from the date when the decision on imposition of the penalty comes into legal force.
Monitoring of Compliance with Labour-Law Regulations
Monitoring in the area of employment is performed by the State Authority for Labour Inspection, area labour inspectorates, customs offices, the General Directorate of the Labour Office of the Czech Republic and regional branches of the Labour Office of the Czech Republic.
The State Authority for Labour Inspection or the area labour inspectorates inspect compliance with the labour-law regulations (i.e. legal regulations on employment and legal regulations on the protection of employees in case of the employer’s insolvency) at employers, legal entities and natural persons who perform activities under the Employment Act and at natural persons who are provided with services under the Employment Act. They also inspect whether and to what extent an employer assigns work to its employees for whom the employer receives a contribution supporting employment of persons with disabilities and with whom a place other than the employer’s workplace was arranged as the place of work in the employment contract.
They also inspect compliance with the obligations following from the legal regulations, under which employees, the competent trade union body or council of employees or the representative for occupational safety and health protection incur rights or obligations in labour-law relations, including legal regulations on employees’ remuneration, compensation for salary or pay and reimbursement of employees’ expenses. Furthermore, they inspect compliance with the obligations following from the legal regulations stipulating the working hours and periods of rest, legal regulations for ensuring occupational safety, legal regulations for ensuring safety of operation of technical equipment with an increased degree of danger to life and health and legal regulations on the safety of operation of reserved technical equipment, legal regulations on the employment of female employees, juvenile employees, employees taking care of children, as well as employees who have demonstrated that they predominantly by themselves, in the long term, take care of a natural person who is considered to be a person dependent on the assistance of another natural person at level II (medium dependency), level III (high dependency) or level IV (full dependency) pursuant to a special legal regulation and pursuant to legal regulations on the performance of artistic, cultural, sporting and advertising activities by children. They also inspect compliance with the obligations following from the legal regulation stipulating the obligation to make a public invitation or perform a selection procedure for filling the position of officer or for filling the position of senior officer of a territorial self-governing unit; they also inspect whether the public invitation was made or selection procedure performed and how. In addition they also inspect fulfilment of obligations arising from regulations governing childcare in groups of children.
The State Authority for Labour Inspection and the area labour inspectorates also inspect compliance with collective agreements in their parts that regulate individual labour-law entitlements of employees following from legal regulations and internal regulations. They also inspect internal regulations if they give rise to employee rights.
The State Authority for Labour Inspection and the area labour inspectorates also check compliance with legal regulations governing the legal status of employees posted to work in the framework of transnational provision of services.
The State Authority for Labour Inspection and the area labour inspectorates also perform inspections in cases stipulated by the special legal regulation.
The customs authorities inspect whether foreigners perform their work for legal entities or private individuals on the basis of employment and whether they do so in accordance with an issued work permit, an employee card, a card of an internally relocated employee, a residence permit for an internally relocated employee issued by another member state of the European Union, or a blue card, if these are required.
They also inspect whether employers fulfil their obligation to inform the relevant regional branch of the Labour Office of the Czech Republic when employment is taken up by a citizen from the European Union, his/her family member, a family member of a Czech citizen, a foreigner who is not required to hold a work permit or a foreigner who is required to hold a work permit, an employment card, a card of an internally relocated employee or a blue card; and whether they fulfil their informing duty if a factual situation occurs during the employment due to which a foreigner no longer needs any of the above permits.
Last but not least, they inspect whether employers fulfil their obligation to inform the relevant regional branch of the Labour Office of the Czech Republic if a foreigner who had been granted a work permit, an employment card or a blue card, did not take up the employment or terminated the employment before the expiry of the period for which the permit authorisation had been issued.
The General Directorate of the Labour Office of the Czech Republic inspects compliance with agreements on the provision of material assistance for the creation of new jobs and material assistance for re-training or training and performance of targeted nationwide schemes.
A regional branch of the Labour Office of the Czech Republic inspects the amount of the average net monthly earnings, within the scope required for determining the amount of unemployment benefits and re-training support.
Labour Office of the Czech Republic
Regional branch in Brno
Rosice contact office Tyršova 75
665 01 Rosice u Brna
JUDr. Daniela Kubišová
- I.South Moravia: Geography, Labour Force, Economy
- II. Legal Regulation of Business Activities, Establishment of Business Entities
- III. Accounting and Auditing
- IV. Tax System in the Czech Republic
- V. Employment and Labour Regulations
- VI. Visa and Integration after Arrival
- VII. Co-operation with South Moravian Institutions
- VIII. Practical Information: Working and Living in South Moravia