The Amendment to the Labour Code has entered into force

 

We would like to inform you that, on 26 June 2020, an amendment to the Labour Code (Act No.262/2006 Coll.) entered into force. The aim of this amendment was primarily (I) to simplify the implementation of several rights of an employer and an employee during the performance of work (in particular, by amending the legal regulation of leave and adjusting the rules for a transfer of rights and obligations in a employment relationship); (II) to simplify the performance of work itself (especially by anew regulation of the so-called job sharing by more employees); and (III) to back up and regulate communication between the parties to the employment relationship. The amendment also transposes into the Czech law certain rules of the EU law, in particular Directive of the European Parliament and of the Council (EU) No. 2018/957 amending the EU rules on the posting of workers in the framework of the provision of services.

The abovementioned amendment to the Labour Code comes into effect gradually. Changes in regulation of leave, compensation for damages, as well as the adjustment of the new institute of the job sharing will come into effect on 1 January 2021. Other amendments to the LabourCode entered into effect on 30 July 2020.

Leave

The new legislation eliminates some shortcomings of the previous regulation and provides a new way of calculating leave based on a new mathematical model based on a single unit of time – a planned and worked hour. The amendment brings equal conditions for taking leave for all employees with the same weekly working hours, regardless of the specific way of scheduling work shifts. The amendment to the Labour Code also cancels the leave for days worked and retains in force only the legal regulation of leave for a calendar year / its proportional part and an additional leave. The basic conditions for the formation of the right to leave, including the scope of obstacles at work that are or are not considered to be a work performance for the purposes of leave, as well as the rules for taking leave, have in principle been maintained in the new legislation.

Job sharing

The amendment to the Labour Code also includes the regulation of the new institute of the labour law, the so called job sharing, the aim of which is to help and support disadvantaged groups of employees on the labour market who prefer shorter working hours with greater time flexibility. According to the new legislation, the employer will be entitled to establish a so-called shared job position, which, on the basis of individual agreements with employees, will be filled with two or more employees performing the same type of work during agreed reduced working hours, and these employees will be able to schedule their working hours into shifts on the basis of their mutual agreement. However, the sum of the agreed working hours of all employees sharing one job position will not be able to exceed the specified weekly working hours. Each of the parties will be able to terminate the abovementioned agreement between the employer and each employee with a 15-day notice period, however such termination will not automatically lead to the termination of the job sharing.

Damage compensation

The amendment to the Labour Code also brought changes in compensation for injury to the health of employees during the performance of work duties. For example, there is a change in the amount of compensation for injury to health or the scope of persons entitled to such compensation for non-pecuniary damage provided to surviving relatives of an employee. The amendment also introduces into the Labour Code the institute of one-off compensation for non-pecuniary damage in the event of particularly serious injury to an employee’s health, which will be used in exceptional cases where the consequences of such injury are so extensive that these consequences are comparable to the death of an employee.

Delivery of documents

Regarding the amendment to the Labour Code, there are also changes in the regulation of delivery of documents between the employer and the employee. The amendment now allows the employer to deliver documents concerning the employment relationship to the employee via the employee’s databox if the employee agrees to such delivery. At the same time, the amendment introduces the legal fiction of delivery of a document to employee via a data box on the 10 th day from the day of delivery of the document to the data box.

When sending documents using a postal service provider, the employer will now send the documents to the address communicated in writing by the employee upon request. The employee will thus be primarily responsible for the accuracy and timeliness of his / her data for the delivery of documents. The amendment further stipulates a new legal fiction of delivery of a document to an employer who refuses to accept delivery of such document – the document will be considered delivered on the day when the employer refuses to take over the document or fails to cooperate with the employee in delivery of the document.

Other changes

In addition to the abovementioned changes, the amendment to the Labour Code also brings, for example, changes in the area of posting workers / employees of the employer from another EU Member State to the territory of the Czech Republic for the purpose of transnational provision of services. The amendment primarily regulates the rules of remuneration of posted employees(regulation of new employee rights to night supplement, travel allowances, etc.), as well as the conditions of accommodation of such employees in the Czech Republic, which the employer must comply with when posting workers.

The full wording of Act No. 285/2020 Coll., which amends the Labour Code, may be found here: https://www.psp.cz/sqw/sbirka.sqw?O=8&T=689.

In case of any questions, please do not hesitate to contact us via email (info@kastnerpies.cz).

 

Kastner & Pieš is a new member of Biolaw association

We are pleased to announce that as of 1st November 2019, we became members of Biolaw association, which associates independent law firms with focus on life sciences industry regulation. Our membership expands our existing network of corresponding law firms and allows our clients to obtain experienced legal support in more countries.

We usually reach out to our corresponding firms in case of compliance audits and programs, international questionnaires or protection of intellectual property.

If you would like to know more, please do not hesitate to contact us at info@kastnerpies.cz or check out the association’s websites http://www.jusmedico.com/biolaweurope

MoH approved Clinical Trial Agreement template in CZ and SK

We would like to inform you that, on 3rd May 2019, the Ministry of Health of the Czech Republic published on its website a Methodological Guideline on the Content of a Clinical Trial Agreement of a clinical trial of medicinal products for human use dated 30th April 2019, which includes a template Clinical Trial Agreement. The Ministry requested all clinical trial sponsors and healthcare providers involved in clinical trials to use such a template agreement as much as possible. The guideline is applicable to all Ministry-directly-managed hospitals (all of the major ones).

The template agreement is designed as a 3-party agreement between a sponsor, a site and an investigator. The agreement is bilingual (Czech and English) and reflects relevant EU and Czech legislation as well as key GDPR aspects.

The main objective of this template agreement is to shorten and simplify the process of executing a clinical trial agreement between sponsors and healthcare providers. The use of a template agreement should also lead an increase in the number of clinical trials performed in the Czech Republic and to the improvement of the Czech Republic’s position in international competition in clinical research. The Ministry’s ideal is that if the agreement will not be amended, it should be automatically accepted by the Ministry directly-managed hospitals.

The Methodological Recommendation in question is available on the website of the Ministry of Health of the Czech Republic, in the section “Legislation” and in the subsection “Clinical trial” (http://www.mzcr.cz/Legislativa/obsah/klinicke-hodnoceni_4016_11.html).

The Ministry of Health of the Slovak Republic approved a similar template Clinical Trial Agreement. The template agreement is a part of the Order of the Minister of Health No. 4/2018 and it is available on the website of the Ministry of Health of the Slovak Republic which is available on the website of the Slovak Ministry of Health (https://www.health.gov.sk/Clanok?Prikaz-4-2018). The Order of the Minister, with respect to the template agreement, is effective from 1st June 2019.

Our office was involved in the preparation of both of the agreements in the Czech Republic and Slovakia.

Please do not hesitate to contact us in case of any questions via our email (info@kastnerpies.cz).

Proposal for emergency distribution channel of pharmaceuticals in Czech Republic

The Czech Ministry of Health (“MoH”) is currently working on a draft legislation implementing an emergency distribution system (inspired by the Slovakia where something similar was introduced in April last year) that should, in the opinion of the MoH, prevent re-export of medicinal products from the Czech Republic and improve availability of the medicinal products on the Czech market. The MoH would like to introduce a specific emergency distribution channel based on which a pharmacy could order a medicinal product directly from the MAH if it cannot be reliably supplied through a standard distribution channel. The whole system is introduced in reaction to repeated complaints from pharmacies regarding unavailability of various medicinal products that are the subject of parallel trade.

The emergency distribution system should work in a way where MAH will have to establish and operate an electronic information emergency system for ordering of Rx products. If a pharmacy cannot procure a medicinal product from a distributor, it will be able to order it through the emergency system. The marketing authorization holder will be obliged, on the basis of this order, to supply the pharmacy with the required medicinal product within two working days of receipt of such order. If the marketing authorization holder fails to comply with this obligation, it will may be subject to significant fines. The draft amendment also provides exemptions from the obligation to supply a medicinal product, for example in case of the reported outage based on objective obstacles.

In relation to the emergency channel, the MoH intends to introduce additional measure that should ensure better availability of medicinal products (only for those with reimbursement) for Czech patients. Specifically, same as in Slovakia, the MoH will introduce a statutory provision based on which reimbursed medicinal products may only be exported to another country with express MAH’s consent. Therefore, the MAH will be fully responsible for assessing the availability of his medicinal product on the Czech market and, if it is not endangered, the medicinal product may be exported abroad with his consent.

The proposal of the Ministry of Health needs to go through the whole legislative process and it is expected to be effective in the course of the next year or beginning of 2020. However, especially the second part (related to consent with export of products) is criticized since it may constitute a competitive issue and violation EU competition law. From our experience in Slovakia, this right of the MAHs is rarely used as there is a potential risk of competition law consequences, even on the EU level.

The concrete text of the statutory amendments is not yet published and the information above is result of information communicated by the MoH’s representatives and thus maybe subject of additional changes.