Labor law - AK Vych

Q: What are the basic requirements of an employment contract?

The employment contract must contain at least type of work, place of work and day of starting work . It is also recommended to include working hours, wages and other terms of employment. Identification of the parties is a matter of course.

Professional legal advice and support in the field of labor law

Are you an employer and need to prepare an employment contract for a new employee or manager? Are you dealing with agency employment in your company, but you are not sure how to arrange everything in accordance with the law? Not sure what health and safety regulations apply to your business?

Or are you an employee and believe you have been unfairly dismissed? Do you not have the same conditions as your colleagues in a comparable position?

Top experts

Our lawyers have extensive experience and deep knowledge in the field of labor law.

Complex services

We provide complete legal advice from the preparation of contracts and internal regulations to problem solving.

Individual approach

We handle each case with the utmost care and adapt to the client's needs.

Preparation of employment contracts, agreements on work performed outside the employment relationship and other documents

We are preparing these contracts tailored to each client and at the same time we point out the possible pitfalls that each of the contracts brings:

preparation employment contracts, work activity agreements and work performance agreements,
preparation of the so-called management contracts (contracts on the performance of the function of a statutory body),
non-compete clauses and rights therefrom – we will prepare its wording and give advice on what to pay attention to when negotiating,
employee claims from the employment relationship – entitlement to leave, entitlement to severance pay, remuneration in the employment relationship, claims from unequal treatment,
concurrent performance of the function of a member of the statutory body and an employee – we will advise what to watch out for and how to solve the matter correctly.

Preparation of internal labor regulations

Upcoming organizational rules, signature rules and more internal regulations.

The issue of termination of employment

Upcoming statements, immediate termination of employment, materials for mass layoffs and we advise or represent clients in disputes about the invalidity of a notice.

Collective agreements, collective bargaining and other communications with trade unions

Upcoming documents for collective agreements as well as proposals for the agreements themselves.

Labor hire, agency employment, the issue of "Blackness of the system"

We advise clients on how to proceed in accordance with the law when hiring labor and we prepare relevant documents (especially cooperation agreements).
Agency employment – we advise on the establishment of an employment agency and also help with problems arising from the assignment of specific employees.
We help clients find alternatives to the Švarc system so that they do not get into a dispute with the labor inspectorate in the future.

Occupational health and safety (OSH)

We represent clients in cases where proceedings are initiated by the labor inspectorate.

Work accidents, occupational diseases and their compensation

We help with the assessment of whether, from a legal point of view, it is a work accident or an occupational disease.
We represent employers as well as employees in related proceedings regarding compensation.

Representation of employers and employees in labor law disputes

We represent clients in proceedings for invalidity of notice, compensation for damage caused by an employee, etc.

JUDr. Miroslav Různar

senior attorney

What are the basic requirements of an employment contract?

The employment contract must contain at least type of work, place of work and day of starting work. It is also recommended to include working hours, wages and other terms of employment. Identification of the parties is a matter of course.

What requirements should a management contract have?

The management contract should contain a description of the performance of the function, terms of remuneration, length of the term of office, responsibilities and obligations of the manager and conditions for termination of the contract.

What are the main differences between an employment contract and a work performance agreement?

An employment contract is a standard form of employment with regular working hours and employee rights. A work performance agreement (DPP) is intended for short-term and one-off work with a maximum scope of 300 hours per year for one employer, and does not contain the same rights and protections as an employment contract.

What is a non-compete clause and when can it be used?

A non-competition clause is an agreement between an employer and an employee that restricts the employee from certain activities after the end of the employment relationship. It can be used if it is necessary to protect the legitimate interests of the employer and the employee is provided with reasonable compensation.

What are the options for terminating the employment relationship?

The employment relationship can be terminated by agreement, termination by the employee or the employer, immediate termination of the employment relationship, termination during the trial period or expiration of the agreed period in the case of a fixed-term employment relationship.

When can an employee immediately terminate the employment relationship with the employer?

The employee can immediately terminate the employment relationship if the employer has not paid him wages or wage compensation within 15 days after the due date, or if the employee's health or life is at risk and the employer does not resolve the situation.

What are the employer's obligations in the field of health and safety?

The employer is obliged to ensure safety and health protection at work, conduct regular OSH training, provide protective equipment and ensure that the working environment is safe and does not endanger health.

What to do in case of a work accident or occupational disease?

The employee should notify the employer immediately. The employer is obliged to provide first aid, report the accident or illness to the competent authority and fill out the accident record. The employee is entitled to compensation (subject to the fulfillment of the conditions specified by law).