Business Bulletin No. 1/2014

In the past year, the Business Bulletin was issued in the form of the Recodification Guide for Entrepreneurs. Now, we present you with our new standard issue which focuses on new legislation, legislation under discussion and case law in the field of commercial law and business which we selected for the first quarter of 2014. In the new Business Bulletin you will be informed about the technical amendment to the Public Procurement Act, the new Act governing Public Registers and new legislation relating to the transfer of real property. Also highlighted is the proposed amendment to the Trade Licensing Act which intends to reduce entrepreneurs’ administrative workload. With regards to case law we have selected a Supreme Court decision dealing with the liability for damages relating to public tenders and a decision in which the Supreme Court interpreted the term “in writing” according to the Vienna Convention.

Recodification Guide for Entrepreneurs No. 10

As mentioned in the previous issues, the new Civil Code (“NOZ”) introduces significant changes to obligation law. The most important change is the unification of the contractual types in one act (the NOZ), thus removing their current duplicate civil-law and commercial-law regulation. The previous issues were dedicated to the general rules of contract law and purchase and lease agreements. In this issue, we would like to outline the most important changes in other important contractual types, such as contract for work, mandate and similar agreements, e.g. the contract on commercial representation. Finally, we describe the most important changes in the field of liability for damage and possibilities of its contractual limitation.

Employing foreign nationals: Work permit and Residence permit

Doing business / The article of Ondrej Chlada brings information about employing foreign nationals in the Czech Republic. The reader may find a general description of the situation in the Czech Republic together with more detailed information about every single stage of the process of employing a foreigner, especially information about work permit and residence permit.

Labour Code lays down the rights and obligations of employers and employees

Doing business / In her article, Natasa Randlova describes rights and obligations of both employees and employers in the Czech Republic and where to find them. Basically, the article guides the reader through the Czech Labour Code – in particular, through the sections concerning rights and obligations of employees and employers.

Changes to employment regulations in 2013 and Outlook for 2014

Doing business / The article written by Natasa Randlova and David Borovec describes the amendments to the employment law regulations made in 2013 and provides the reader with an outlook for what is going to change in the Czech employment law as of January 1, 2014.

How to do business in the Czech Republic: Changes to Employment Regulations

Czech Business and Trade / The article of Natasa Randlova and David Borovec brings a review of the most significant changes to the employment law area in 2013 and also outlines some major changes to be expected in 2014.

Natasa Randlova in the Forbes magazine

After its first release in 2012, the chart of the fifty most influential Czech women has been published for the second time. Also this year, the magazine measured the influence of Czech female managers, firm owners, women working in the public sector, non-profit organizations, also in sport, culture or media.

Lucie Horejsi joins the employment law team of Randl Partnes as an associate

As of the beginning of autumn, the employment law team of Randl Partners, attorneys at law, has grown by a new lawyer, Lucie Horejsi who successfully finished the five-year studying program at Faculty of Law of Charles University in Prague. After being a legal student at Randl Partners for a number of years, Lucie now moves in the imaginary office scale up to the associate´s chair. Beside the employment law practice, the new associate will focus on cooperation with Natasa Randlova in the matters of media and public relations of the office.

Randl Partners supports healthy hearts

Randl Partners, attorneys at law, would like to use their contacts with HR managers from many Czech and foreign companies to support a good cause in the area of people’s health. “During regular meetings regarding Employment Law Updates, we would like to acquaint our clients with the contents of the campaign ACT FAST, SAVE A LIFE, (JEDNEJ RYCHLE, ZACHRAŇ ŽIVOT) which is focused on the prevention and early treatment of heart disease. We believe, that they can use this information for their employment health care programs, and thus support healthy hearts in their companies.” says JUDr. Nataša Randlová. Find out more about the campaign on www.infarktneceka.cz.

Which employer to sue in the event an invalid dismissal is followed by a transfer of undertaking?

Natasa Randlova contributed to this issue with her comments on the ruling of the Czech Supreme Court concerning situation when an invalid dismissal is followed by a transfer of undertaking. This ruling of the Supreme Court is important for both employees and employers, since it advises them how to proceed in the case of invalid dismissal followed by a transfer of undertaking.

Randl Partners attorneys at law confirmed last year´s first place in Chambers Europe Chart 2013

The Chart of European attorney offices Chambers Europe 2013 confirmed last year’s position of the labour law team of Randl Partners in the highest category (Band 1), as well as assigned “Star Individual” for Nataša Randlová, the leader of the team and the co-founder of the office which is considered to be “number one” in labour law in the Czech Republic.Very good ranking also got two other lawyers from the team,Tereza Kadlecová and Romana Nahliková Keletová.

Not all employee representatives need necessarily enjoy the same conditions for their activities

The article, issued in January 2013, comments on the ruling of the Supreme Court of the Czech Republic concerning trade union representation. In its ruling, the Supreme Court stated that the employer is obliged to create satisfactory conditions for the proper performance of trade unions and their activities, and bear the necessary costs. The particular needs of every trade union, however, may differ. That means that the court may consider other factors, such as the number of members, or the real purpose of the trade union, to find out if the requirements of the trade union are reasonable.

Team Randl Partners again ran Prague Hervis Half Marathon for a good cause

Members of the Randl Partners team again took part in the Hervis Half Marathon Prague on the first weekend in April. The performance of associates and student from Randl Partners supported an event called “Run for a Good Thing”. We received starting numbers for our runners in exchange for a donation to our partner – organization Light for the World. Our runners ran from the start to the finish not only with sporting enthusiasm but also with the feeling of doing something good for  others. Our associate Katerina Pokorna ran in a wonderful time 2:00:05 and associate Ondrej Chlada ran also in a nice time 2:26:11. Student Matej Novak attended the run as well and finished it in a fantastic time 1:28:23.

Employment and Labour law in the Czech Republic

International Comparative Legal Guide / Nataša Randlová and Romana Náhlíková Kaletová contributed to the International Comparative Legal Guide with their article about Employment and Labour law in the Czech Republic. In the article they summarized legal practices in area of Employment and Labour law. The article is a very good introduction to this legal field.This article appeared in the 2013 edition of The International Comparative Legal Guide to: Employment & Labour Law; published by Global Legal Group Ltd, London.

Employment & Employee Benefits

In the new PLC Multi-Jurisdictional Guide 2012/13 on Employment and Employee Benefits, experts from all around the world give answers to questions on particular employment law regulations in their countries. The Czech Republic is represented by the team of lawyers from Randl Partners headed by Natasa Randlova.

Concept of construction dismissal

Natasa Randlova contributed to this issue with her article about bullying. In the article you may read what may be the consequences of bullying of employee by his superior and what can happen when this employee decides to terminate his employment by an agreement. Article is based on a judgment of the Czech Supreme Court, that dealt with this exact problem and came up with a solution, that you may also read in the article.