Dear Committee Members,
We are glad to present the 11th issue of the International Employment Lawyer.
In a globalised world with a borderless workforce, multinational corporations face an increasing need for uniform employment terms and conditions. In this issue the authors focus on legal challenges in developing employment policies. This issue focuses on the committee program for the recent fall meeting in Brussels.
The program on compliance at the Annual Meeting in New York was a tremendous success. The program once again confirmed the relevance of co-sponsored sessions.
We still have openings as national reporters in some jurisdictions related to our new online regional updates, and we encourage all members to volunteer if you are interested in contributing with employment law updates. Please contact Vice-Chair Philippe Desprès or me for more information.
For the first time ever, this committee will organise a stand-alone conference in Hamburg on expatriation. The conference will be co-sponsored by AIJA. We hope to see all of you at this important event.
Best regards,
Anders Etgen Reitz
Editor in Chief
Saturday, November 1, 2008
Czech Republic
Changes in labor law
By Eva Adamcova
Peterka & Partners
The basic legislation governing employment relationships in the Czech Republic is the Labor Code and the Employment Act. Some areas related to employment relationships are governed by individual Acts, such as Act No. 187/2006 Coll., on Sickness Insurance, which comes into force on 1 January 2009.
Under this Act, sickness insurance will now be administered exclusively by sickness insurance authorities (and no longer by employers). Also, legislation governing employee accident insurance should come into force on 1 January 2010. Under the current system, an employer must be insured against liability for damage caused as a result of workrelated accidents and occupational diseases. New legislation will transfer employee accident insurance to the social security system. Preparations are also underway for an antidiscrimination law which should be passed and come into force by the end of 2008.
Currently, an amendment to the Employment Act is being prepared. It will introduce green cards and tighten conditions relating to agency employment and conditions for the provision of welfare and unemployment benefits. Pursuant to the draft amendment, the green card will replace both residence permits and working visas. Foreigners will be entitled to apply only for jobs rejected by job seekers from the Czech Republic or EU within 30 days of the vacancy being advertised. Compared to current regulations, the draft amendment assumes the participation of the Interior Ministry in the process of awarding permits for employment mediation. Without the approval of the Ministry, it will not be possible to issue permits to employment agencies. The amendment will also increase the penalties imposed on agencies.
By Eva Adamcova
Peterka & Partners
The basic legislation governing employment relationships in the Czech Republic is the Labor Code and the Employment Act. Some areas related to employment relationships are governed by individual Acts, such as Act No. 187/2006 Coll., on Sickness Insurance, which comes into force on 1 January 2009.
Under this Act, sickness insurance will now be administered exclusively by sickness insurance authorities (and no longer by employers). Also, legislation governing employee accident insurance should come into force on 1 January 2010. Under the current system, an employer must be insured against liability for damage caused as a result of workrelated accidents and occupational diseases. New legislation will transfer employee accident insurance to the social security system. Preparations are also underway for an antidiscrimination law which should be passed and come into force by the end of 2008.
Currently, an amendment to the Employment Act is being prepared. It will introduce green cards and tighten conditions relating to agency employment and conditions for the provision of welfare and unemployment benefits. Pursuant to the draft amendment, the green card will replace both residence permits and working visas. Foreigners will be entitled to apply only for jobs rejected by job seekers from the Czech Republic or EU within 30 days of the vacancy being advertised. Compared to current regulations, the draft amendment assumes the participation of the Interior Ministry in the process of awarding permits for employment mediation. Without the approval of the Ministry, it will not be possible to issue permits to employment agencies. The amendment will also increase the penalties imposed on agencies.
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