Obstructions to work, time off and wage compensation in case of obstructions to work

The Amendment has modified the provision under which employers shall provide to employees time-off for the reasons of general interest specified by the Labour Code, if such activity cannot be performed out of the working time. The time-off shall be provided by the employer without the right for compensation of wage, unless the Labour Code, other legal regulation or the collective bargaining agreement stipulates otherwise, or the employer agrees with the employee otherwise.

The enumeration of obligations and other acts of general interest is according to the Amendment mentioned only in examples.

The employer shall be obliged to provide the employee with the time-off for necessarily needed period of time with compensation of wage for participation in recondition stays, in mandatory health inspections, donating blood and apheresis, donating of other biological materials and for participation of employees' representatives in education.

The Amendment also modifies provision of wage compensation at performance of service in armed forces and civil service.

Participation in further education in order to increase the qualification for performance of work agreed in the work contract is not regarded as performance of work for which the employee is entitled to wage. However, the employer has still a possibility to provide to the employee time-off and compensation of wage in the amount of his/her average earnings.

The Amendment also newly determines certain important personal obstructions to work. The Amendment states in which cases of important personal obstructions to work the employee shall have the right for time-off with compensation of wage and in which cases the compensation of wage does not belong to the employee. Marriage of children and parents is no more regarded as important obstruction to work, whereas own marriage of the employee is still regarded as an obstruction to work, however, the employee shall have the right only for one day off without compensation of wage.

The Amendment has introduced the right of the employer to interrupt temporarily the performance of work of the employee for a period not exceeding 1 month, if such employee is suspect from serious breach of working discipline and his/her further performance of work may endanger important interest of the employer.

The Amendment repeals prohibition of determination of overtime work or emergency service for pregnant woman and a woman and a man continuously taking care of a child younger than 1 year. On the other hand, the Amendment states that a pregnant woman, woman or man continuously taking care of a child younger than three years, lonely woman or lonely man continuously taking care of a child younger than 15 years, may be employed by overtime work only with their consent and also the emergency service can be ordered to them only with their consent. Parental leave in case of taking care of a child with a long-term unfavourable state of health is decreased from 7 to 6 years of age of the child. The term 'child with a long-term unfavourable state of health' replaces the terms 'long-term seriously handicapped child requiring a special care' and 'long-term seriously handicapped child requiring a special care extremely demanding', which terms have been used until now.

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