New employment law specialist Tereza Kadlecova joins the office

Randl Partners, attorneys at law, has grown by one more expert in employment law, Tereza Kadlecová. Ms. Kadlecová previously worked at Weinhold Legal, where she had worked since 2006 and led the employment law agenda of the firm. She is a member of the Czech Bar Association and founding member of CzELA (Czech Employment Lawyers Association).The electronic journal EPRAVO.CZ and PRAVNIRADCE.CZ has published information about new employment specialist Tereza Kadlecová.

Business Bulletin No. 1/2013

In the first issue of the Business Bulletin in this year we bring you news from business and commercial law, selected from the last quarter of 2012. We focus primarily on changes which became effective on January 1, 2013. We also briefly summarize amendments to the Civil Procedure Code, a complex amendment to the Building Act, new acts regulating the structure of financial and customs authorities and news in the area of procedural and real estate law. We also draw your attention to an amendment to the Commercial Code and a new Act on Public Registers which is to be adopted in connection with recodification of private law. In the Case Law section we briefly summarize a decision of the Supreme Court concerning the validity of a resolution of a general meeting and a decision of the Office for Protection of Competition concerning forbidden cartel agreements on market segmentation. For the News and Tips section we have selected new electronic applications of the Ministry of Justice which should make it easier to submit motions for changes with the Commercial Register and to obtain decisions with legal force and enforceability clause.

Supreme Court accepts dismissal for private computer use despite monitoring without warning

Pursuant to this judgement an employer may monitor whether its employees use company computers for private purposes, even without their knowledge and, if it appears that an employee has used a company computer to visit website unrelated to work, it may dismiss the employee for cause.

Employing foreign nationals: Work Permit and Residence Permit

Doing Business / For purpose of employing foreign nationals, the citizens of the member states of the EU, the European Economic Area and Switzerland are not considered foreigners under Czech law. They enjoy the same possition as the citizens of the CR and they are not required to obtain a Work/Residence Permit if they want to become employed.

Changes in Labour Code comming into force in 2012

Doing Business / A number of changes entered into force in the employment law on 1 January 2012, brought about by new Labour Code Amendment. The aim of this article is to sumarise the major changes, especially those which affect the relationship between the employee and the employer.

Randl Partners awarded Law Firm of the Year 2012

Randl Partners, attorneys at law, was chosen the LAW FIRM OF THE YEAR 2012 in the Employment law category for the third time in the competition’s five-year history. Randl Partners had also won in this category in 2009 and 2010.“For a law firm incorporated only three years ago to win Law Firm of the Year in the employment law category for a third time is a great honour”, says Partner Natasa Randlova of the award. “The years of experience of our lawyers in combination with the family-like care provided to our clients are probably the most valued features of our legal practice. We provide more than only basic legal services. For our clients, we keep our eyes on changes in employment law, write articles, give lectures, publish books… Sometimes, it is difficult, but in moments like this, we know that it is definitely worth it!”

Employment Law Update – October 2012

The article provides an overview of prepared and adopted changes in employment law in the period from September 4, 2012 to October 2, 2012. It further informs about the amendment to the Act on Specific Health Care Services aimed to remove the most controversial provision of the present legal regulation. The EU is represented by a report about planned increase of the number of women in the Supervisory Boards of big companies.The English part deals with the limits for employment of disabled persons.

Key Dimensions of Employment Law & Social Security in the Czech Republic

RED FODIRH, N°13 11/12 / The goal of the article is to provide information on what to be taken into account when managing or coordinating HR in the Czech Republic. It focuses on types and form of contracts, salary and bonuses to it, minimum condition for salary, holidays, working hours etc. Furthermore it includes information on ways how to terminate employment relationship including collective dismissal, collective bargaining and trade unions and collective agreements, social security including health insurance and medical leaves, secondment and health and safety regulations with general workplace safety rules included.

Natasa Randlova and Romana Nahlikova Kaletova became founding members of CzELA

Czech Employment Lawyers Association (CzELA) is a new association of attorneys-at-law who are completely specialized in employment and labour law. The aim of the association is to create an environment in which employment-law experts will be debating, meeting regularly, dealing with cases from their practice and, therefore, exchanging valuable experience.CzELA aims to achieve appropriate attention for employment law in the public debate, to contribute in the field of employment-law legislative process and, also, to be a competent source of information and news in the employment area for the media.All 22 founding members, including Natasa Randlova, as the president of the preparatory committee, and Romana Nahlikova Kaletova, agree that Czech employment law definitely deserves such an association.

Employment Law Update – September 2012

The article provides an overview of prepared and adopted changes in employment law in the period from August 4, 2012 to September 3, 2012. It further informs about the announcement of the Labour Office concerning its functioning during the first half of the year 2012 or the information given by the Czech Social Security Administration about the transfer of documentation about employment related injuries and diseases from the employers to the CSSA.The English part deals with an interesting judgement of the Czech Supreme Court which considers surfing websites unrelated to employee´s work as grounds for dismissal.

Employment Procedure Information

According to Czech law, employment law disputes are included within civil law procedure. However, there are some small differences (e.g. the court consists of one judge and two associate judges – not necessarily lawyers).The most frequent disputes deal with:invalid termination of employment (by notice, by immediate termination, by termination during the trial period or by agreement);compensation for damages;work injuries and occupational diseases;unpaid salary, bonus or other benefits or their parts; anddiscrimination.Since disputes about invalid termination of employment are the most common, the following information will be mostly about these lawsuits and actions brought by employees.

Employment Law Update – August 2012

The article provides an overview of prepared and adopted changes in employment law in the period from July 3, 2012 to August 3, 2012. It further informs about a new amendment to the Act on Complementary Pension Savings or the summary of the Ministry of Labour and Social Affairs concerning the fight against illegal employment of foreigners in 2011.The English part also deals with the fight against illegal employment of foreigners.

Inviting for job interview by email not discriminatory

This time, Natasa Randlova contributed with her article to the section focused on discrimination. In the case, the Supreme Court judged that inviting an applicant for job interview only by email was not dicriminatory as the employer had no intention to disadvantage any of the applicants.

Labour law for HR workers 2013

In January 2013 begins the second year of the “Labour law for HR workers course” which is held as a part of lifelong education at the Faculty of Arts Charles University in Prague. As well as in 2012 will Natasa Randlova and Romana Kaletova be the main lecturers of the course. As Special guests will participate also Doc Petr Hurka PhD. (PFUK), JUDr. Ladislava Steinichova (MPSV), Mgr. Sarka Hlavackova (District court in Prague) or Ing. Ditta Hlavackova (tax office Proxy).The course is aimed at employment law as one of the important areas of effective HR management. The participants will be familiarized with the Labour Code which as a basis of Czech labour law as well as with Czech and European case law, which will help them to understand the issues. The course is at the same time interactive and provides an opportunity to share experience amongst the participants of the course.

Employment Law Update – July 2012

The article provides an overview of prepared and adopted changes in employment law in the period from June 1, 2012 to July 2, 2012. It further informs, for instance, about the recent decision of the Constitutional Court which declared constitutionality of the regulation of so called guard period, or the European Commission Programme for social change and innovation.The English part deals with a judgment of the European Court of Justice regarding the employer’s rejection of an unsuccessful job applicant and its explanation.

The International Comparative Legal Guide: Employment & Labour Law 2012 Edition

Natasa Randlova and Romana Kaletova contributed to the prestigious publication The International Comparative Legal Guide to: Employent & Labour Law 2012, which is published by the company Global Legal Group. The aim of this project is to provide at one place a basic view into the Labour Law all over the world and to enable its comparison. The extent of this publication is unique because it covers countries from Albania over Namibia to USA and Venezuela and we are very pleased that we were asked to participate on its preparation.