1) Employment relationship

Commencement of an employment relationship

Prior to concluding a contract of employment, the employer is obliged to notify you of the rights and obligations, which will result from the employment contract, as well as with the conditions of work, the wages and terms and conditions for the payment of wages. Before signing a contract, consult its content with a lawyer, a non-governmental organization or with a trade union organization.

The employment relationship is established on the day specified in the employment contract as the day of your commencement of employment. Do not commence employment without a signed written contract of employment.

On the other hand, if you are working without a written contract of employment, it does not mean that your work would be illegal, only you will have more difficulties to prove what exactly you have agreed on with your employer.

Watch out! Do not work as an employee while holding a trade certificate and being officially self-employed: such a way to reduce health and social security payments is called "švarcsystém" and it would be considered illegal work!

Duration of employment relationship

The employment relationship lasts for the period specified in the contract. If such a period of time is not specified in the contract, your employment relationship lasts for an indefinite period.  

Termination of employment relationship

Following the termination of an employment relationship, the employer shall issue to you a proof of employment. If you request an assessment of your work performance, your employer is obliged to issue it within 15 days. 

An employment relationship may be terminated by:

(a) Mutual agreement

(b) Dismissal 

(c) Immediate dismissal

(d) Dismissal during probation period

(e) Expiration of the period for which it was concluded

(f) Expiration of your permit to stay in the Czech Republic as specified in the enforceable decision on the resident permit cancellation (the very day)

 (g) Expiration of your employment permit in the territory of the CR (the very day)

(h) Expiration of your employee card (the very day)

(ch) Expiration of your long-term residence permit for the purpose of employment requiring high qualifications (the very day)

(i) The entering into effect of a judgment imposing the sentence of expulsion from the Czech Republic (the very day)

(a) Termination of employment relationship by mutual agreement

An agreement on the termination of an employment relationship always has to be concluded in writing!

You must receive a copy of such an agreement. Before the agreement is signed, always consult a lawyer. Never sign an agreement if you do not agree with the termination of employment. Do not sign an agreement on the termination of employment if the real reason for termination entitles you to severance pay. We are happy to provide advice about under which conditions you are entitled to severance pay!

When you terminate an employment relationship by mutual agreement without giving serious reasons, your unemployment benefits will be reduced (in the case that you are entitled to them). 

(b) Termination of employment relationship by dismissal

Notice of dismissal always needs to be issued in writing!

An employer can only give you notice of dismissal for reasons listed in the law.

You can give notice to an employer for any reason or without giving reasons. When you give notice without giving a serious reason, your unemployment benefitis will be reduced. It is best to hand a notice of dismissal to your employer in person. An employer must, upon request, confirm the receipt of the notice in writing.

The notice period: The employment relationship expires with the notice period coming to an end (2 months at minimum). The period of notice begins on the first day of the calendar month following the delivery of the notice (e.g. if you receive a notice of dismissal on 10. 4., your notice period begins on 1. 5.). 

An employer cannot give you notice, among others, when you are on sick leave (you have to have a sick note from a doctor who certifies you are sick), pregnant or while on maternity or parental leave (3 years at maximum).

(c) The termination of an employment relationship by dismissal with immediate effect (being "sacked" or "fired on the spot")

This is an exceptional way to terminate an employment relationship. It must always be issued in writing and a precise reason must be given, which may not be changed afterwards. The employment relationship ends upon the receipt of the notice of dismissal.

The employer is allowed to terminate your employment relationship in such a manner only in the following cases :

• you have been convicted by a final judgment for intentional criminal offenses or you have been convicted with imprisonment penalties which result in detention for a period longer than 1 year
• you have been convicted by a final judgment for intentional criminal offenses committed while performing work tasks or in direct connection with them, and your sentence comprises imprisonment penalties which result in detention for a period not shorter than 6 months
• you breached an obligation arising from the labour legislation and regulations relating to the work performed by you in a particularly grave manner

The employer cannot immediately terminate the employment relationship with you, if you are pregnant or on maternity or parental leave (3 years at maximum).

You can immediately terminate the employment relationship, among others, if the employer has been owing you your pay for more than 15 days since its due date. If you terminate your employment relationship with immediate effect, you are entitled to compensation for wages at the level of average earnings in the time that corresponds to the duration of the period of notice.

(d) Termination of employment relationship during probation period

Probation period must not exceed 3 months.

Such a termination of an employment relationship must be issued in writing; giving reasons is not required. The employment relationship ends either upon the receipt of notice, or on the date specified in the notice of dismissal.

During the probation period, your employer may not terminate the employment relationship in the first 14 calendar days of temporary incapacity to work (quarantine).

Annulment of employment termination: If you believe that your employer has terminated your employment relationship in an unlawful manner, you can communicate in writing that you want to continue to be employed. In such a case, the employment relationship is not terminated and the employer must continue to pay you compensation at the level of average wages, until a court decides upon the validity of the employment termination. You have to file an action within 2 months from the date of the supposed termination of your employment relationship. An unlawful termination of an employment relationship can be decided upon by the court only!