FORMS OF EMPLOYMENT RELATIONSHIPS 1.1.2015. Forms of employment relationships -Governed by Labour...
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Transcript of FORMS OF EMPLOYMENT RELATIONSHIPS 1.1.2015. Forms of employment relationships -Governed by Labour...
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FORMS OF EMPLOYMENT FORMS OF EMPLOYMENT RELATIONSHIPSRELATIONSHIPS 1.1.2015 1.1.2015
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Forms of employment relationships
- Governed by Labour code
- Only for employed NOT for self-employed
- Three types of relationships:• Employment contract (pracovní smlouva)• Agreement on work performance (dohoda o pracovní
činnosti)• Agreement on working activity (dohoda o provedení
práce)
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Employment contract• Written contract, 2 copies, enlisting rights and obligations• Mandatory terms of contract – agreed type of work, place of
work, starting date• Wage, job description, safety & security at work, liabilities –
employer needs to provide in a written form 30 days after starting
• Vacation, over time, and other terms of contract must be included in the contract, otherwise no entitlement
• BUT 4 weeks vacation guaranteed by law (available after 60 days of work)
• Probationary period – max. 3 months• Right to pension contribution and sick pay• Contract can be for fixed term or indefinite period• Non discrimination and equal treatment• Tax, pension and health insurance paid for by employer
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Agreement on work performance
• Max. 20 hours per week
• Must be in written form
• Working permission applies
• Agreement must include: agreed type of work, scope working hours, period of duration of the agreement
• Other relevant terms of contract such as vacation, over time, etc must be included in the agreement or amendment to agreement, otherwise no entitlement
• If your monthly income = 2500 CZK and more health and social insurance will be deducted from your income + contribution towards pension (you are entitled to record of employment “zápočtový list”) + 15% income tax
• If your income exceeds 2000 CZK/month you are entitled to sick benefits
• Dismissal notice = 15 days, no obligation to provide reasons
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Agreement on working activity
• Max 300 hours per year with one employer and those 300 hours can be spread across the year
• Must be in written form; working permit – working permit applies
• Terms of contract: type of work, place of work, number of hours, wage, duration of contract; all other terms must in amendment
• Vacation, over time, etc must be included in the agreement or amendment to agreement, otherwise no entitlement
• If your income exceeds 10 000 CZK – social and health insurance deducted + 15% wage income
• Lesser protection of the employee‘s rights, more liberal relationship, but still a type of employment relationship
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Minimum income
• Minimum income is the lowest guaranteed income given by law
• Minimum income in 2015• 55 CZK/hour • 9200 CZK/month (proportionate to 40
hours/week)
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Employer: dutiesA) To pay social insurance which includes pension
insurance & unemployment cover• Employer pays 25%, employee pays 6.5% 31.5%
of gross income paid monthly
B) To pay health insurance• Employer pays 9%, employee pays 4.5% 13.5% of
gross income paid monthly
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Employer: duties continued• Employer must pay a down payment for employee’s income tax, which
is 15%
• Next income can be calculated here or here
• After termination of employment contract and agreement on work performance employer must unconditionally issue record of employment (“zápočtový list”) to the employee
• Record of employment must include: information about employment, type of employment relationship, nature of job tasks, level of qualification established, and hours worked
• In case of employer‘s malfeasance employee should contact:
• Financial bureau (finanční úřad)
• Czech Social Security Administration (okresní správu sociálního zabezpečení)
• Insurance company (zdravotní pojištovnu)
• Labour control office (inspektorát práce)
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Working hours
• Max 40 hours per week • When working hours are scheduled evenly – working hours
must not exceed 9 hours/days • When working hours are scheduled unevenly – working
hours must not exceed 12 hours/day• Flexible working hours – upon mutual agreement of both
parties• After employee has been working for continuous 6 hours
utmost, he must be given 30 minutes break • Min. 12 hours break in between shifts• Night work must not exceed 8 hours in 24 hours• Scope of overtime work and overtime pay must be stipulated
in the contract, otherwise no entitlement
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Termination of employment relationship
• By agreement – in writing, agreed by both parties, must include date of termination
• By notice of termination – in writing, when handed by employer it is called dismissal, when handed by employee it is called resignation; employer must provide legally relevant reasons for dismissal, employee does not have to provide reasons for resignation
• Instant termination• By termination within the trial period • By expiration of fixed term contract agreement
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Immediate termination of employment relationshipInstant dismissal by employer- If employee was sentenced in criminal trial
without further possibility of appeal- If employee grossly breached agreed duties
Instant resignation by employer - Health reasons – employee can no longer do his
work and employer has not offered new position- Employer has not paid wage 15 days after it was
due
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Redundancy payment
• Right given to an employee who was dimissed for organizational changes proportionate to years of employment
• 1 year = 1 salary, 2 years = 2 salaries, 3 years and more = 3 salaries
• Employer who had to terminate his contract due to occupational injury is entitled to minimum of 12x average salary
• Redundancy payment may be provided for in trade union treaties
• Redundancy payment is taxed 15% but no health or social insurance costs are deducted
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THINGS TO BE AWARE OF• Employers frequently try to include additional or last moment
probationary/trial period after the contract has been signed
• Employers try to conclude a contract for fixed period which covers the probationary period
• After termination of employment the employer is obliged to provide you with record of employment without further demands and conditions
• You should make yourself familiar with any existing trade union treaties and internal regulation
• Make sure you ask your boss to confirm your vacation request ahead of time
• If your employer does not want to dismiss you BUT wants to terminate your employment by agreement, you should demand financial compensation
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NOT TO DO!
• Never sign a dismissal notice in which dismissal reasons do not reflect reality – you may loose your entitlement for redundancy payment
• Never go on vacation without agreed written request
• Never start to work without valid and undersigned working contract
• If you are sick, have been to doctor and were ordered to stay at home stay at home, do not work and expect controls
• If nature of your job corresponds with legal form employment by given employer NEVER work as self employed for this employer – it is illegal for both sides and it is heavily sanctioned
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Thank you !