VYŠLO V ČÍSLE 6/2015
Introduction and Objectives of the Lesson
This lesson focuses on Labour Law and mostly the document which commonly represents it – the labour agreement. We are sure you already have the basic contract terminology and you are ready to go through some authentic provisions. That is exactly what the plan of this lesson is, because after a brief introduction, you are going to read some typical labour agreement provisions and learn labour and contract terminology at the same time.
Afterwards, there are more labour law terms that you can encounter in practice. As usual, the Czech Labour Law is in the forefront.
At the end of this lesson you can check some negotiation phrases, which may come in handy for anybody trying to sell their ideas and persuade others. We are sure this lesson will keep you busy and hope you will like it.
Labour relations (also called industrial relations) in the Czech Republic are governed by the Labour Code. The Labour Code sets forth individual labour relations between natural persons in the position of employees, and legal persons or natural persons as employers. The act also contains stipulations on collective labour relations, collective bargaining, and other work agreements outside employment relations. It is one of the fundamental statutes of Czech law and its amendments are usually accompanied by passionate discussions. Employment relationship is established by a labour agreement, which is also called employment contract.
A. Substantial Features of Labour Agreement
Employment relationship is established as of the day which is defined in the labour agreement as the day of commencement of work. A labour agreement would be invalid without its substantial features which are as follows:
B. Labour Agreement Provisions
We think that the best way how to get familiar with labour law terminology is to explore its most typical and most practical document from practice – labour agreement. We will state some of common provisions and their wording. So what can be found in a typical labour agreement?
Work Position and Description of Work
This clause stipulates the name of the work position and briefly describes work duties. Job description is sometimes vague and quite general and is accompanied by the phrase and the work may include other duties in accordance with the employer's directives and instructions.
The Employee shall hold the position of Key Account Manager. He shall also assume the role of Team Leader, as defined in the related consulting contract. The Employee shall perform to the best of his abilities all the duties which may be reasonably assigned to him as within the Employment, shall follow the instructions given to him by or on behalf of the Employer, and shall take all reasonable care in the execution of his duties.
The Employee's duties may be reasonably modified at the Employer's discretion from time to time.
Term of Employment
Not to be confused by terms of employment, a term of employment defines the duration of the employment relationship. Term of employment can be for a definite period or indefinite period (also called fixed/unfixed or limited/unlimited). This provision may also contain a probation period.
This Agreement is entered into for an indefinite period of time.
The Employer and the Employee have agreed on a probation period of three months.
Place of Work
The Labour Code recommends to define the place of work by the…