Labour law regulates legal relationships between employees and employers, working conditions, employee health protection, legal relations prior to the establishment of labour relations and relationships of a collective nature related to the performance of work. The main source is the Labour Code, the Collective Bargaining Act, and the Employment Act.
In labour law, aimed at employee protection, we deal mainly with the following legal cases:
- Creation of employment relationship - negotiation of employment contract
- Non-compliance and violation of the employee's or employer's employment obligations
- Termination of employment
- Agreements on material responsibility
- Labour disputes and employee representation in court proceedings
Employment relationship - negotiation of employment contracts
Our law office prepares or comments your employment contract with respect to your interests and job responsibilities. The employment contract is a prerequisite for the employment relationship.
The employment relationship arises from a contract of employment between the employer and the employee on the date stated in the contract, or on the basis of appointment to the post of a senior employee. Obligations for both employers and employees result from the employment relationship.
The Labour Code lays down only three mandatory requirements that the employment contract must contain:
- Type of work - precise definition important for fulfilling the basic obligations arising from the employment relationship
- Place of work - important for possible changes in working conditions as regards the transfer of an employee or posting on a business trip
- Day of commencement of work – to this day the employment relationship starts
In addition, the contract must, of course, include all the elements of written legal acts, such as identification of participants, their signatures and others.
Changing an employment contract is easiest when agreed by both parties. It must be done in writing with the signature of the employer and the employee. The employer may transfer the employee to another place of performance under certain conditions:
- The employee has no long-term good working results and has been called upon to rectify
- The employee does not meet the qualification requirements for the given position
- The employee has broken his/her work discipline
- The employee is prosecuted for an offense related to the performed work
- The employee temporarily lost his/her ability to work
- The employee is unable to work for a downtime caused by adverse weather conditions, to avert natural disasters or to threaten an accident and mitigate the consequences
Do not hesitate to contact us, we will be pleased to assist you with all legal steps that will ensure a smooth change of your employment contract.
Non-fulfillment and breach of work obligations of an employee or employer
According to the employment contract, the employer is obliged to assign work to the employee, to pay the wages for the executed work, to create the conditions for performing work tasks and to comply with the other conditions stipulated by the regulations or the contract. The employee is obliged to perform his / her work in accordance with the employer's instructions and in accordance with the work contract during the weekly working hours and to observe the obligations arising from the employment relationship.
The employer is obliged to provide his employees with training on legal and other regulations to ensure safety and health at work. He must not admit that the employee performs banned work or work that does not correspond to his or her abilities and medical fitness and may not expose employees to increased risk of harm to health.
The employee has the right to safety at work, he /she must be informed in advance of the risks arising from the work. If work performance compromises his health, he / she can reject it. At the same time, the employee has an obligation to participate in the creation of a safe and healthy non-threatening working environment, to take care of his or her safety and safety of other physical persons.
Employees' duties include:
- Participation in security-oriented training
- To undergo preventive examinations
- Comply with regulations, work practices
- Use prescribed work equipment and protective equipment
- Not to drink alcoholic and use addictive substances
- To report deficiencies, workplace defects, work injuries
- To undergo a test of whether he is not under the influence of alcohol
Termination of employment
The employment relationship may be terminated by agreement, dismissal from work, immediate termination or termination in probation. The fixed-term employment relationship ends, of course, upon the expiry of the agreed time.
Agreement
Both the employer and the employee agree to terminate the employment on the agreed day. The liability agreement is in writing and each party receives one copy.
Dismissal from work
The dismissal from work of the employment relationship must be in writing. The employer may only give it to him for reasons clearly defined by law:
- If the employer or part of it is relocated or canceled
- If the employee becomes redundant
- If the employee is not allowed to continue to work for work accident or occupational disease in the past, or has lost medical fitness for a long time
- The employee does not meet the legal requirements
Immediate termination of employment
This is a very strict job termination institute, for which must always be given special legitimate reasons.
Agreement on material responsibility of Employees
Our law office will represent you professionally when negotiating a material responsibility agreement with your employer.
By concluding an agreement on material responsibility, the employee assumes responsibility for the valuables, cash, goods, stock of materials, etc., and is responsible for the eventual deficit. This agreement can also be concluded with an employee who only has a contract on work when he / she reached the age of 18.
Labour litigation
Disputes between an employee and an employer are processed and decided by the courts in civil proceedings. Of course, it is also possible to resolve the disputes through an out-of-court way - an attempt to reach a settlement.
Our law firm represents employees most often in disputes with employers about:
- Labour-law obligations of employees and employers and their fulfilment or non-fulfilment
- Cases of termination of employment - validity or invalidity of dismissal, immediate termination, etc.
- Accidents at work and damages to health or property of employees
If you are interested in a non-binding legal consultation on employment relationships, do not hesitate contact us.
Our law firm provides its clients - small and medium-sized domestic companies and large multinational companies - with comprehensive legal advice in the field of labour law.
Labour law regulates legal relationships between employees and employers, working conditions, employee health protection, legal relations prior to the establishment of labour relations and relationships of a collective nature related to the performance of work.
The main source of labor law is the Labor Code, the Collective Bargaining Act and the Employment Act.
In labour law focused on employee protection, we deal in particular with the following agenda:
- Creation of employment relationship - negotiation of employment contract
- Termination of employment - emphasis on regular and valid termination of employment
- Agreements on material responsibility
- Labour disputes and employee representation in court proceedings
We also deal with related legal issues of labour law
- Representation of employers in proceedings at the Labour Office
- Processing and analysis of employment rules and other internal regulations of the employer
- Legal solutions to issues related to safety and health protection at work
- Remuneration of employees and their benefits
- Legal audits and due diligence in the field of labour law
- Responsibility in labour law relations and its solution
If you are interested in legal services in the field of labour law, do not hesitate to contact us and request to receive legal advice directly.
