Act No. 262/2006 Coll. Labour Code

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(valid from January 1, 2015)

262/2006 Coll.

ACT

of 21 April 2006

Labour Code

as amended by Act No. 585/2006 Coll., Act No. 181/2007 Coll., Act No. 261/2007 Coll., Act No. 296/2007 Coll., Act No. 362/2007 Coll., the Constitutional Court No. 116/2008 Coll.

Act No. 121/2008 Coll., Act No. 126/2008 Coll., Act No. 294/2008 Coll., Act No. 305/2008 Coll., Act No. 306/2008 Coll., Act No. 382 / 2008 Coll., Act No. 286/2009 Coll.

Act No. 320/2009 Coll., Act No. 326/2009 Coll., Act No. 347/2010 Coll., Act No. 427/2010 Coll. Act No. 73/2011 Coll., Act No. 185 / 2011 Coll., Act No. 180/2011 Coll.

Act No. 341/2011 Coll., Act No. 364/2011 Coll. and Act No. 365/2011 Coll., Act No. 367/2011 Coll., Act No. 375/2011 Coll., Act No. 458/2011 Coll., Act No. 466/2011 Coll., Act No. 167 / 2012 Coll.

Act no. 385/2012 Coll., Act no. 396/2012 Coll., Act no. 399/2012 Coll., Act no. 155/2013 Coll., Act no. 303/2013 Coll., Act no. 101 / 2014 Coll., Act no. 182/2014 Coll.

and Act no. 250/2014 Coll.

 

Parliament passed the Act of the Czech Republic:

 

PART ONE

GENERAL PROVISIONS

 

TITLE I

SUBJECT AND DEFINITION OF LABOUR RELATIONS

 

  • 1

 

This Act

  1. a) regulates the legal relations arising in the performance of dependent work between employees and employers, these relationships are labor relations,
  2. b) also regulates the legal relations of a collective nature. The legal relationships of a collective nature, related to the performance of dependent work, the labor relations,
  3. c) incorporates the relevant provisions of the European Union 1)
  4. d) also provides some legal relations before the onset of labor relations under subparagraph a),
  5. e) provides for certain rights and obligations of employers and employees in complying with the regime temporarily unable to work insured under the Sickness Insurance Act 107) and any penalties for its violation.

 

  • 1a

 

(1) The intent and purpose of the provisions of this Act expresses the basic principles of labor relations, which are primarily

  1. a) the special protection of the legal status of employees
  2. b) a fair and safe conditions for work,
  3. c) Fair pay employees
  4. d) the proper performance of work by an employee in accordance with the legitimate interests of employers
  5. e) equal treatment of employees and the prohibition of discrimination.

(2) The principles of special legal protection status of employee, satisfactory and safe working conditions for their work, equal treatment of employees and prohibit discrimination expresses the values ​​that protect public order.

 

  • 2

 

(1) dependent work is work that is performed in a hierarchical relationship of employer and employee subordination, on behalf of employers, according to the instructions of the employer and employee by the employer personally.

(2) Dependent work must be performed for a wage, salary or remuneration, costs and responsibilities of the employer, during working hours at the workplace the employer or at another agreed place.

 

  • 3

 

Dependent work can be performed only in the basic employment relationship, unless by special legal regulations 2). Labor relations are basic employment and legal relationships based agreements on work performed outside employment.

 

  • 4

 

Labor relations are governed by this Act; not use this law is governed by the Civil Code, and always in accordance with fundamental principles of labor relations.

 

  • 4a

 

(1) The derogation of rights or obligations in labor relations may be lower or higher than the right or obligation provided for by the law or collective agreement as a minimum or maximum allowable.

(2) Pursuant to paragraph 1 may lead to differing treatment contract, as well as internal regulations, to modify the employee’s duties, however, may occur only by agreement between employer and employee.

(3) The provisions referred to in § 363 may be departed from only in favor of the employee.

(4) The resignation of a employee rights to him by this Act, a collective agreement or an internal regulation provides, is of no account.

 

  • 5

 

(1) The relations resulting from the exercise of public functions are covered by this Act, unless expressly provided or unless required by specific legislation.

(2) If a public function exercised in the employment relationship is governed by the employment of this Act.

 

TITLE II

CONTRACTING PARTIES LABOUR RELATIONS BASIC

 

Part 1

Employee

 

  • 6

 

An employee is an individual who is committed to dependent employment in the basic employment relationship.

 

Part 2

Employer

 

  • 7

 

The employer is the person for whom the individual is committed to dependent employment in the basic employment relationship

 

  • 8

repealed by Law No. 365/2011 Coll.

 

  • 9

 

For the Czech Republic (hereinafter “State”) 6) is in labor relations and rights and obligations arising from employment relationship carries a government department 7), who on behalf of the state in the basic employment relationship (§ 3) employing staff.

 

  • 10

repealed by Law No. 303/2013 Coll.

 

  • 11

 

Managerial employees of the employer means employees who are at different management levels of the employer are entitled to determine and store subordinates work tasks, organize, manage and control their work and give them the purpose of binding guidelines. The head is an employee or a manager, also considered the head of the State.

 

  • 12

repealed by Law No. 365/2011 Coll.

 

TITLE III

BASIC PRINCIPLES OF LABOUR RELATIONS

repealed by Act No. 365/2011 Coll.

 

  • 13

repealed by Law No. 365/2011 Coll.

 

  • 14

repealed by Law No. 365/2011 Coll.

 

  • 15

repealed by Law No. 365/2011 Coll.

 

TITLE IV

EQUAL TREATMENT AND NON-DISCRIMINATION

 

  • 16

 

(1) Employers are required to ensure equal treatment of all employees regarding their working conditions, remuneration for work and the granting of financial transactions and other financial payments, the training and the opportunity to achieve functional or other promotion.

(2) The labor relations, discrimination is prohibited. The concepts of direct discrimination, indirect discrimination, harassment, sexual harassment, harassment, instruction to discriminate and incitement to discrimination, and cases where the difference in treatment permitted, provides anti-discrimination law 108).

(3) Discrimination is not differential treatment, unless the nature of work activities that this difference in treatment is an essential requirement necessary for the job, the objective pursued by such an exception must be justified and proportionate request. Discrimination is also not measure whose purpose is justified to prevent or compensate for disadvantages that result from individuals belonging to a group defined by any of the grounds mentioned in anti-discrimination law.

 

  • 17

 

Legal means of protection against discrimination in employment relationships governed by anti-discrimination law.

 

TITLE V

CERTAIN PROVISIONS ON THE LEGAL PROCEEDINGS

 

  • 18

 

If possible legal proceedings to interpret in different ways, then the interpretation most favorable to the employee.

 

  • 19

 

(1) The court shall take into account its own motion for invalidity of a legal hearing, which has not been granted the specified permission of the competent authority, in cases where it expressly provides that law or special act.

(2) Where a law to make it legal proceedings with the competent authority only discussed, it is not possible infringement declared invalid by reason only of that this discussion took place.

(3) Invalidity of legal actions can not be employees of the damage caused when an invalid solely by himself.

 

  • 20

 

If no legal proceedings taken in the form required by the law, and if already started with the performance, it is not possible to invoke the invalidity of such conduct those negotiations, which are causing or changing the base employment relationship.

 

  • 21

repealed by Law No. 303/2013 Coll.

 

  • 22

 

Collective agreement may be concluded only for the staff union.

 

  • 23

 

(1) A collective agreement is possible to regulate the rights of employees in labor relations, as well as the rights and obligations of the parties to this agreement. The agreement in the collective agreement, which impose obligations to employees or reduce their rights provided for in this Act, shall be disregarded.

(2) A collective agreement may enter into an employer or more employers or one or more employers’ organizations on the one hand and one or more trade unions on the other.

(3) A collective agreement is

  1. a) business, it is concluded between the employer or multiple employers and trade union or multiple labor unions operating with the employer
  2. b) a higher level, it is concluded between employers’ organizations, or 10) and the trade union or trade unions.

(4) The procedure for concluding a collective agreement, including the resolution of disputes between the parties shall be governed by the law governing collective bargaining 11).

 

  • 24

 

(1) A trade union concluded a collective agreement as well as employees who are not unionized.

(2) works with employers to more trade unions, the employer must negotiate a collective agreement with all unions, trade unions act and act with legal consequences for all employees together and in concert, unless otherwise agreed between the employer and otherwise .

 

  • 25

 

(1) A collective agreement is binding on the parties.

(2) A collective agreement is binding also for

  1. a) employers who are members of employers ‘organizations, which has concluded a collective agreement, a higher level, and for employers who during the term of a collective agreement from the employers’ organizations spoke,
  2. b) employees under a collective agreement entered into by a trade union or trade unions,
  3. c) trade unions, a collective agreement concluded by the higher level trade union.

(3) The employee has the right of Parties to collective agreements incentives for collective bargaining for collective agreement and is entitled to be informed of the progress of negotiations.

(4) The rights, arising from a collective agreement, individual employees, apply and satisfy such other rights of employees from employment or contracts for work outside employment.

 

  • 26

 

(1) A collective agreement may be concluded for a definite or indefinite. If the expiry date under the first sentence made subject to conditions, the collective agreement must contain the latest period of its effectiveness. The collective contract can be terminated in writing soon after 6 months from the date of its effectiveness. Such notice shall be at least 6 months and begins on the first day of the month following delivery of notice to the other Party.

(2) The effectiveness of the collective agreement begins on the first day of the period in which the collective contract, and ends with the expiry of that period if the period of effectiveness of certain rights or obligations in the collective agreement is negotiated differently.

(3) Upon termination of the collective agreement parties acting on behalf of an employee ends the effectiveness of the collective agreement no later than the last day of the following calendar year.

 

  • 27

 

(1) The agreement of a collective agreement governing the rights of labor relations staff to a lesser extent than higher level collective agreements, shall be disregarded.

(2) The collective contract must be in writing and signed by the parties on the same document, or to her account.

 

  • 28

 

(1) A collective agreement can not be replaced by another agreement.

(2) It is not possible to seek the relative inefficiency of the collective agreement.

(3) A collective agreement is not possible to cancel the resignation of one of the Parties will negotiate if the Parties have the right to withdraw from the collective agreement, is of no account.

 

  • 29

 

Parties are bound by collective agreements with a collective agreement, inform the employee within 15 days of its conclusion. The employer shall ensure that the collective agreement available to all its employees.

 

PART TWO

Employment

 

TITLE I

The pre-employment relationship

 

  • 30

 

(1) Selection of individuals seeking employment in terms of qualification, the necessary requirements or special skills is the responsibility of the employer, unless a special legal regulation 12) another procedure, the conditions imposed by special law to an individual as an employee are not affected.

(2) The employer may require in connection with the negotiations prior to the employment of individuals who applied for it at work, or other persons only data directly related to signing an employment contract.

 

  • 31

 

Before signing an employment contract, the employer must inform an individual with rights and obligations, which for her contract of employment or appointment to the job emerged as working conditions, remuneration and conditions under which the work place, and obligations arising from specific legislation applicable to the work to be the subject of employment.

 

  • 32

 

In cases stipulated by special legislation, the employer shall ensure that the natural person before signing an employment contract underwent an initial medical examination.

 

TITLE II

Employment, Employment contracts and employment relationship

 

  • 33

 

(1) Employment is based employment contract between employer and employee, unless this Act otherwise provided below.

(2) If special legislation or the articles of association of citizens under a special regulation 109) required to fill the post held by the election of competent authority, shall be deemed to be elected as a prerequisite, preceding the negotiation of employment contracts.

(3) The appointment of the leading job is based employment in the cases stipulated by a special legal regulation 16a), unless a special law, employment is based only on the appointment of the Head

  1. a) organizational units of the state 7),
  2. b) organizational unit government departments
  3. c) organizational unit of the state enterprise 13),
  4. d) the organizational unit of the state fund 14),
  5. e) contributory organization 15),
  6. f) organizational unit subsidized organizations,
  7. g) the organizational unit in the Police of the Czech Republic, 16).

(4) The appointment under paragraph 3 shall be a person who is competent according to special regulation 16b), unless they belong to the appointment of a special legal regulation is carried out at the head

  1. a) government departments 7) Head of the parent government departments,
  2. b) organizational unit government department head of the organizational units of the state 7),
  3. c) organizational unit of the state enterprise director of the state enterprise 13),
  4. d) the organizational unit of the state fund, headed by an individual statutory body, the head of the Fund 14),
  5. e) organization funded by the founder,
  6. f) organizational unit funded organizations 15) semi-head of this organization,
  7. g) the organizational unit in the Police of the Czech Republic 16) Chief of Police.

 

 

  • 34

 

(1) The employment contract must contain

  1. a) the type of work the employee for the employer to perform,
  2. b) the place or places of work where work is to be referred to in subparagraph a) performed
  3. c) the date of commencement of employment.

(2) The employment contract must be concluded in writing.

(3) If an employee does not start the day agreed to work without having prevented him from doing obstacle at work, or the employer within a week (§ 350a) know about this hazard, the employer may withdraw from the contract.

(4) From an employment contract can withdraw only as long as the employee walk over to work. Withdrawal from the labor contract requires compliance with the written form, otherwise it will not be considered.

(5) Each Party shall receive a copy of the employment contract.

 

  • 34a

 

Unless agreed in the contract for regular work travel compensation, the department’s regular place of work agreed in the contract. If it is agreed the place of work more broadly than one municipality shall be considered a regular workplace community in ways that most employees start to work. Regular work for travel expenses must be agreed before a wider community.

 

  • 34b

 

(1) Employees must be assigned to work in a fixed weekly working time, with the exception of working time accounts (§ 86 and 87).

(2) An employee in other basic employment relationship with the same employer shall not perform work which is well defined species. For employers, which is the state, the first sentence only if it is the performance of work in the same organizational component of the state.

 

  • 35

Test time

 

(1) If a probationary period may be longer than

  1. a) 3 consecutive months after the date of employment (§ 36),
  2. b) 6 months consecutive from the date of employment (§ 36) for its executives.

(2) Test time can be arranged also in connection with the appointment of the leading job (§ 33 paragraph 3).

(3) test time can be arranged later in the day, which was agreed as the date of commencement of employment, or the date has been set as the date of appointment to the post of senior staff.

(4) to serve a probationary period may be extended later. The obstacles for full-time work for which the employee is held jobs during the trial period, and all-day holiday period, however, extends the trial period.

(5) The probationary period may be negotiated for more than half of the agreed period of employment.

(6) The trial period must be in writing.

 

  • 36

Establishment of employment

 

Employment begins on the day, which was agreed in the contract as the date of commencement of employment or the date that was listed as day of the appointment to the post of the head of.

 

  • 37

Information about the content of employment

 

(1) Unless the contract details the rights and obligations arising from employment, the employer is required to staff about their writing, not later than 1 month after the employment relationship, this also applies to changes to this information. The information must include

  1. a) the name or names and surname of the employee and the name and address of employer is a legal person or name or the name and address of employer, if a natural person,
  2. b) further indicate the type and place of work
  3. c) an indication of the length of leave, or leave an indication of the determination,
  4. d) a notice times
  5. e) the weekly working time and its layout
  6. f) the wages or salary and remuneration arrangements, payment of wages or salary, term of payment of wages or salary, location and method of payment of wages or salary
  7. g) a statement of collective agreements governing the working conditions of employees, and indication of the parties to the collective agreements.

(2) If an employer sends an employee to work in the territory of another State, shall inform him in advance of the expected duration of deployment and the currency in which it will be paid wages or salary.

(3) The information referred to in paragraph 1 point. c) d) e) and paragraph 2, concerning the currency in which employees will be paid wages or salary can be replaced by reference to the relevant law, collective agreement or internal regulations.

(4) The obligation to inform employees in writing about basic rights and obligations arising from employment shall not apply to employment for less than 1 month.

(5) At the commencement of employment an employee must be familiar with labor laws and regulations and other regulations to ensure the safety and health at work, which must follow in their work. The employee must also be familiar with collective agreements and internal regulations.

 

  • 38

Obligations arising from employment

 

(1) The employment relationship is

  1. a) the employer is obliged to assign employees work under the contract, to pay him for work done wages or salary, to create conditions for their work tasks and working conditions comply with other statutory, contract or established by an internal regulation
  2. b) the employee must act according to instructions of the employer personally work under contract in the pattern of weekly working hours and comply with the obligations arising from his employment.

(2) The appointment, employment, based on the provisions of the agreed employment contract of employment.

(3) The employer is obliged to submit a trade union within the deadlines agreed with the report on the newly created fixed.

 

  • 39

Employment for a fixed period

 

(1) The employment lasts for an indefinite period, unless expressly agreed upon its duration.

(2) Length of service for a fixed period between the same parties may not exceed 3 years from the date of first employment for a definite period may be repeated more than twice. For repetition of employment for a definite period shall be considered as well as its extension. If by the end of the previous employment for a fixed period expired 3 years prior to working for a fixed period between the same parties shall be disregarded.

(3) The provisions of paragraph 2 shall be without prejudice to the procedure in accordance with special regulations, when it is expected that employment may last only for a certain period of time 17).

(4) If the employer made operational reasons or reasons involving the special nature of the work, on the basis of which the employer can not reasonably be required to an employee who has to do this job, suggested the employment contract of indefinite duration does not proceed in accordance with paragraph 2, provided that a different approach will be appropriate and these reasons the employer a written agreement with the union adjusts

  1. a) detailed account of these reasons,
  2. b) the rules of procedure of another employer in negotiating a repetition of employment for a fixed period,
  3. c) radius of the employer’s employees, which will involve a different procedure,
  4. d) the period for which the agreement is entered into.

Written agreement with the union to replace the internal regulation only in the event that the employer no trade unions; internal regulation must contain the particulars mentioned in the first sentence.

(5) If the employer negotiate with the employee of employment for a definite breach of paragraphs 2-4, and told the employee before the termination date in writing to the employer that insists that it further employed, paid, that is of employment for an indefinite period. The proposal to determine whether the conditions set out in paragraphs 2 to 4, the employer and the employee filed with the court no later than two months from the date of the employment relationship had to end the termination date.

(6) The provisions of paragraph 2 shall not apply to a contract establishing employment for a fixed period agreed between an agency 18) and the employee to perform work for another employer (§ 307a, 308, and 309).

 

TITLE III

Changes in employment

 

  • 40

General provisions

 

(1) The content of the employment relationship can be changed only by agreement between the employer and the employee change.

(2) to perform work of a different species or in a place other than those stipulated in the contract, the employee is required only in cases under this Act.

(3) The provisions of § 37 shall apply mutatis mutandis here.

 

Transfer to another job, business trip and transfer

 

  • 41

Transfer to another job

 

(1) The employer is obliged to transfer the employee to another job,

  1. a) If an employee lost due to their health condition according to medical opinion issued by the occupational health service provider or decision of the competent administrative authority which reviews the medical opinion, long held as the eligibility of existing work,
  2. b) not according to the medical report issued by the occupational health service provider or decision of the competent administrative authority which reviews the medical report, then do the work to date for a work accident, occupational disease or risk for the disease, or reached if the work specified by the public health protection authority maximum exposure 19),
  3. c) If a pregnant employee, who is breastfeeding, or employee-mother until the end of the ninth month after birth the work that the employee may be employed, or who, according to medical opinion threatens her pregnancy or maternity,
  4. d) if it is necessary according to medical opinion issued by the occupational health service provider or a decision of the competent authority to protect public health in order to protect the health of other individuals from infectious diseases
  5. e) if this is necessary by final decision of a court or administrative authority, other state authority or local government body,
  6. f) If an employee working at night on the medical report issued by a recognized provider of occupational health services unfit for night work
  7. g) if requested by a pregnant employee, who is breastfeeding, or employee-mother until the end of the ninth month after childbirth, who works at night.

(2) The employer may transfer employees to other work,

  1. a) If the employee has given notice of the reasons specified in § 52 point. f) and g)
  2. b) if the employees against criminal proceedings on suspicion of intentional crime committed in the course of work or in direct connection with damage to the employer’s assets, and for a period until the final termination of criminal proceedings
  3. c) If an employee has lost temporarily the requirements stipulated by special legal regulations for the performance of contracted work, but in this case, a maximum total of 30 working days per calendar year.

(3) If you can not achieve the purpose of transfer referred to in paragraphs 1 and 2 in the transfer of employees under an employment contract, it can convert zaměstnavatel in these cases, the work of another kind than was agreed in the contract, even if the employee did not agree .

(4) The employer may transfer an employee without the consent of the appropriate length to other work than was agreed, if it is necessary to avert an emergency, natural disaster or other potential accident or mitigate its immediate aftermath, and the necessary time.

(5) If an employee can not perform work for downtime or interruption of work due to adverse weather conditions, it can zaměstnavatel transfer to other work than was agreed in the contract only if the employee agrees with the transfer.

(6) When transferring employees to other work in accordance with paragraphs 1 to 3, the employer must take into account the fact that this work is suitable for him due to his health and abilities and, if possible, his qualifications.

(7) The employer shall be discussed with the employee reason to transfer to other work and time you take a transfer, if there is transfer of employees to change employment contract, the employer must give him written confirmation of the reason for transfer to another job and when it duration, except in cases referred to in paragraph 2. c) and paragraph 4

 

  • 42

Business Trip

 

(1) Working trip is a time-limited deployment of an employee by the employer to work outside the agreed place of work. The employer may send the employee to the appropriate length on a business trip only in agreement with him. An employee on a business trip works following the instructions of the head of which he sent on a business trip.

(2) Sends an employer for staff on the way to fulfilling their tasks to other organizational units (to another employer) may authorize another senior employee (another employer) that employees gave instructions to work, or the work organized, directed and controlled , the mandate is necessary to define its scope. With a mandate under the first sentence shall be an employee familiar. Senior employees of another employer but not to employees on behalf of the sending employer legally act.

 

  • 43

Transfer

 

(1) Translate employees to work in a place other than those stated in the contract is possible only with his consent, and the employer if it absolutely requires its operating needs.

(2) The task requires employees translated, his work organizes, manages and controls and guidelines for this purpose he gives the appropriate Head of organizational unit (department), the employee whose work has been translated.

 

  • 43a

Temporary assignment

 

(1) Agreement on the temporary assignment of employees to another employer with the employer may conclude the employee first 6 months after the date of employment.

(2) The secondment of employees to another employer must be given consideration; this does not apply in respect of reimbursement of expenses incurred pursuant to paragraph 5

(3) The agreement must include the name of the employer is a legal person, or the name or names and surname of the employer, if a natural person to which the employee is temporarily assigned, the date when the temporary assignment arises, type and place of work and the period for which the temporary assignment arranged. The agreement may be negotiated for regular workplace travel expenses to the provisions of § 34 is not affected. The agreement must be concluded in writing.

(4) During the temporary assignment of an employee to work for another employer requires the employee on behalf of an employer that the employee temporarily assigned, work tasks, organizes, directs and controls his work gives him for that purpose binding guidelines to create favorable working conditions and ensures safety and health at work of the employer to which the employee was temporarily assigned. The employer may temporarily assigned employees to legally act on behalf of an employer that the employee seconded.

(5) During the temporary assignment gives employees a wage or salary, or also travel expenses by the employer that an employee temporarily assigned.

(6), labor and wage or salary employees temporarily assigned to another employer shall not be less than or comparable to the conditions of employees of an employer to which the employee is temporarily assigned.

(7) Temporary allocation under paragraphs 1 to 5 shall expire when the period for which it was concluded. Before the end of this period, the secondment agreement of the parties to the contract or to terminate an agreement on temporary assignment for any reason or without cause with fifteen-day notice period, which begins on the date on which notice was delivered to the other Party. Agreement to terminate the temporary assignment or termination of this Agreement shall be in writing.

(8) Modification of secondment are prohibited from using the agency of employment.

(9) Adjustment of secondment shall not apply in cases of deepening and upgrading the skills of 110).

 

Common provisions on employment changes

and return to work

  • 44

 

Fall if the reasons for which the employee was transferred to another job or were transferred to a different location than agreed, or if the elapsed time for which the change is agreed, the employer is obliged to include employees of the employment contract, unless it agrees with with him to change the employment contract.

 

  • 45

 

If an employee requests a transfer to another job or workplace, or a transfer to another place, as recommended by occupational health service provider is not appropriate to continue existing work place or working on the current workplace, the employer is obliged to allow him, when it allows its operational capabilities. Work and workplaces, employees are transferred, the employee must be appropriate.

 

  • 46

 

If an employer transfers an employee to another job before the contract is responsible, and the employee disagrees with such action, may convert her employer only after consultation with the trade unions. Consideration is not necessary if the total transfer time shall not exceed 21 working days in a calendar year.

 

  • 47

 

If an employee enters after the exercise of public functions or activities for the trade union, which was released to the extent of working time, or after military training or military exercises or emergency workers after maternity leave or an employee after the end of parental leave within the period during which the employee is entitled to take maternity leave, to work, or the board if an employee to work after temporary incapacity or quarantine, the employer is obliged to include them in their original work and the workplace. If this is not possible because the original work or else the workplace has been canceled, the employer is classified under the employment contract.

 

TITLE IV

TERMINATION OF EMPLOYMENT

 

Part 1

General provisions for termination and termination of employment

 

  • 48

 

(1) Employment may be terminated only

  1. a) Agreement
  2. b) statements,
  3. c) immediate termination,
  4. d) cancellation of the trial period.

(2) Employment for a definite period is also over the agreed period.

(3) The employment of physical foreigners or stateless persons, unless the termination has no other means, ends

  1. a) the date on which the end of their stay in the Czech Republic pursuant to an enforceable decision to cancel a residence permit
  2. b) the date which has become final judgment imposing a punishment to those persons expelled from the Czech Republic,
  3. c) the expiration of the period for which it was issued a work permit 20) Employee cards or long term residence permit for the purpose of highly qualified employment.

(4) Employment terminated employee’s death. Termination of employment in case of death, an employer who is a natural person, modifies § 342 paragraph 1

 

Part 2

Agreement

 

  • 49

 

(1) agreement between the employer and the employee on termination of employment, shall cease on the date agreed.

(2) Agreement on termination of employment must be in writing.

(3) Each Party shall receive a copy of the agreement on termination of employment.

 

Part 3

Dismissal, notice period and notice of the reasons

 

Section 1

Statement

 

  • 50

 

(1) Termination of employment must be in writing, otherwise to her account.

(2) The employer may give notice to the employee solely for the purpose expressly provided for in § 52

(3) An employee may give the employer notice for any reason or no reason.

(4) Can an employer notice to the employee (§ 52), has reason to define the factual statements in such a way that it can not be confused with any other reason. Reason for termination may not be subsequently changed.

(5) The cancellation may be withdrawn only with the consent of the other Party notice of appeal and acceptance of the appeal must be in writing.

 

  • 51

 

(1) If the notice is given ends employment expiry of the notice period. The notice period must be the same for both employers and employees and at least 2 months, except under § 51a. The notice period may be extended only by agreement between employer and employee, this contract must be in writing.

(2) The notice period begins on the first day of the calendar month following receipt of notice and ending on the last day of the calendar month, with the exceptions arising from § 51a, § 53, paragraph 2, § 54 point. c) and § 63rd

 

  • 51a

 

If the testimony given by the employee in connection with the transfer of rights and obligations arising from employment relationships or moving exercise of the rights and obligations arising from employment relationships, the employment relationship ends later than the day preceding the effective date of transfer of rights and obligations arising from employment relationships or effective date of transfer the rights and obligations arising from employment relations.

 

Section 2

Notice given by the employer

 

  • 52

 

The employer may give notice to the employee only for the following reasons:

  1. a) to delete an employer or in part,
  2. b) moves to the employer or in part,
  3. c) if it becomes redundant due to the employee the employer or the competent authority to change its tasks, technical equipment, a reduction in staff in order to increase efficiency of work or other organizational changes
  4. d) not an employee under the medical report issued by the occupational health service provider or decision of the competent administrative authority which reviews the medical report, then do the work to date for a work accident, occupational disease or risk for the disease, or reached the decision designated in the workplace competent authority to protect public health, maximum exposure
  5. e) If an employee lost due to their health condition according to medical opinion issued by the occupational health service provider or decision of the competent administrative authority which reviews the medical report, long-term health condition,
  6. f) If an employee does not meet the statutory requirements for the performance of contracted work, or failing without fault zaměstnavatele requirements for the proper performance of this work, is the non-fulfillment of these requirements in the unsatisfactory results of the work, it is possible for this reason employees give notice, only if employer at the time was 12 months requested in writing to remove them and the employee is not remedied within a reasonable time,
  7. g) if the employees are reasons for which the employer could with him immediately terminate the employment relationship or a serious breach of obligations under the law relating to the employee performed work; for sustained less serious violations of obligations under the law governing the work can be performed to give notice to the employee if at the time of the last 6 months in connection with the breach of obligations under legislation relating to work performed made aware of the possibility of dismissal
  8. h) If an employee violates particularly gross manner other staff duty stipulated in § 301A.

 

Section 3

Prohibition of dismissal of the employer

 

  • 53

 

(1) prohibited to give notice to the employee in the period of protection, it is

  1. a) when an employee is temporarily unable to work recognized, if you intentionally did not incur this inability or incurred if such failure as a direct result of drunkenness or employee substance abuse, and at the time of application for institutional care or spa treatment from the onset until their date of termination; tuberculosis in the latter period is extended by 6 months after discharge from the constitutional treatment;
  2. b) the exercise of military exercises or extraordinary military exercise date on which the employee received call-up, in the performance of these exercises until the expiry of two weeks after his release from these exercises,
  3. c) when the employee is fully relieved for long-term performance of public functions
  4. d) when the employee is pregnant or a female employee on maternity leave or the employee or an employee take parental leave
  5. e) when an employee who works at night, recognized in the medical report issued by the occupational health service provider temporarily unfit for night work.

(2) If the employee given notice before the start of the period of protection so that the notice period had elapsed in the period of protection, the protection period is the period of notice discounted employment relationship ends before the expiry of the notice period remaining after the protection period, unless the employee shall employer that the extension of service does not.

 

  • 54

 

Prohibition of dismissal pursuant to § 53 shall not apply to employees given notice

  1. a) organizational changes referred to in § 52 point. a) and b) it does not apply in the case of organizational changes referred to in § 52 point. b) if the employer moves within the site (s) of work in which work is to be performed under the contract,
  2. b) organizational changes referred to in § 52 point. b) this does not apply in the case of pregnant workers, workers who take maternity leave, or employees when to take parental leave until after the woman is entitled to take maternity leave,
  3. c) the grounds for which an employer may immediately terminate the employment relationship, unless the employee on maternity leave or the employee at the time of parental leave by the time during which a woman is entitled to take maternity leave, was given the employee or employees of this due notice before taking maternity leave (parental leave) so that the notice period has elapsed at the time of maternity leave (parental leave), shall expire simultaneously with the notice period of maternity leave (parental leave)
  4. d) other obligations arising from a breach of legislation relating to work performed by [§ 52 point. g)] or any other breach of duties of the employee set out in § 301A especially gross manner [§ 52 point. h)], this does not apply in the case of pregnant workers and workers receiving maternity leave or the employee or employees who take parental leave.

 

Part 4

Immediate termination of employment

 

  • 55

Immediate termination of employment by the employer

 

(1) An employer may, exceptionally, immediately terminate employment only

  1. a) If an employee has been convicted for an intentional offense to imprisonment for a period longer than 1 year, or if he was convicted for an intentional criminal act committed in the course of work or in direct connection with him to imprisonment for at least 6 months
  2. b) If an employee breached an obligation under legislation relating to work performed by especially gross manner.

(2) The employer shall immediately terminate the employment of pregnant workers, workers on maternity leave, an employee or an employee who take parental leave.

 

  • 56

Immediate termination of employment an employee

 

(1) An employee may immediately terminate the employment only if,

  1. a) according to medical opinion issued by the occupational health service provider or decision of the competent administrative authority which reviews the medical report, can no longer perform work without serious danger to his health and his employer at the time did not allow 15 days from the date of submission of the report output other suitable work for him or
  2. b) the employer had not paid a wage or salary or wage compensation, or any portion thereof within 15 days after the due date (§ 141, paragraph 1).

(2) Employees who immediately canceled the employment relationship, responsibility from employers to pay wages or salary of the average earnings for the period corresponding to the duration of notice. For the purposes of wage compensation shall apply § 67 paragraph 3

 

  • 56a

Immediate termination of employment legal representative

minor employee

 

(1) The legal representative of a minor employee who has not attained the age of 16 years may immediately terminate the employment of a minor staff as is necessary in the interests of education, development and health of employees. To force immediate termination of employment of a minor employee in the first sentence requires consent of the court.

(2) The legal representative shall deliver a copy of immediate termination of employment and consent of the court for minor employees.

 

 

Part 5

Common provisions on termination of employment

 

  • 57

 

(1) For violation of other employee obligations stipulated in § 301A especially gross manner [§ 52 point. h)] may give notice to the employee by the employer only within 1 month from the date on which this is the reason for dismissal heard no later than 1 year from the date of such termination was for cause.

(2) If it happens during one month under paragraph 1 of employee conduct, which can be seen as a violation mode temporarily unable to work insured under investigation other authority is still possible to give notice within 1 month from the date the employer learned of the result this investigation.

 

  • 58

 

(1) For violation of obligations under legislation relating to work performed or the reason that it is possible to immediately terminate the employment relationship, the employer to an employee to give notice to him or immediately terminate the employment relationship only within 2 months from the date of the reason for dismissal or for immediate termination of employment learned, and for breach of obligations arising from employment abroad to two months after his return from abroad, but always at the latest within 1 year from the date when grounds for dismissal occurred.

(2) If it happens during the two months under paragraph 1 of employee conduct, which can be seen as a violation of obligations under legislation relating to work performed, subject to the investigation of another authority, it is possible to give notice to him or immediately terminate the employment relationship more than 2 months of when the employer learned of the outcome of this investigation.

 

  • 59

 

The employee may immediately terminate employment only within 2 months of when the reason for immediate cancellation learned within 1 year from the date on which that reason was.

 

  • 60

 

In the immediate termination of employment, the employer and the employee in fact determine the cause so that it can not be confused with another. The reason may not be subsequently changed. Immediate termination of employment must be in writing, otherwise it will not be considered.

 

  • 61

 

(1) Termination or immediate termination of employment, the employer is obliged to negotiate with unions.

(2) If it is a board member trade organization that works with the employer at the time of his term, and at 1 year after its completion, is to testify or for immediate termination of employment employer must ask the unions for prior consent. Under the previous agreement shall also be considered if the union refused to grant written consent of the employer at the time within 15 days from the date on which the employer asked for it.

(3) The employer may use a consent pursuant to paragraph 2 only in a period of two months from the grant.

(4) If the union refused to give consent under paragraph 2, the notice or immediate termination of employment for this reason invalid, if other conditions are not immediate revocation or termination are met and the court in proceedings under § 72 finds that the employer can not reasonably be required to continue to employ employees are dismissed or immediate termination of employment valid.

(5) In other cases of dismissal, the employer is obliged to inform the trade union within the time agreed with her.

 

Section 6

Collective redundancies

 

  • 62

 

(1) Collective redundancies shall mean termination of employment contracts in a period of 30 calendar days notice given to the employer on the grounds set out in § 52 point. a) to c) at least

  1. a) 10 employees at an employer employing from 20 to 100 employees
  2. b) 10% of employees at an employer employing from 101 to 300 employees, or
  3. c) 30 employees at an employer employing more than 300 employees.

Ends if the conditions set out in the first sentence of employment at least 5 employees, included in the total number of employees referred to in subparagraphs a) to c) and employees with whom zaměstnavatel untied employment in this period for the same reasons Agreement.

(2) pre-tax notice to individual employees, the employer is obliged to plan their time, at least 30 days in advance, in writing inform the trade union and council staff, it is also obliged to inform the

  1. a) the reasons for redundancies
  2. b) the number and composition of professional staff who are to be released,
  3. c) the number and composition of all professional employees who are employed by the employer,
  4. d) the time in which to carry out collective redundancies,
  5. e) aspects of the proposed selection of employees to be made redundant,
  6. f) the severance pay or other rights of redundant employees.

(3) The negotiations with trade unions and Works Council is to achieve consistency in particular the measures taken to avoid or reduce redundancies and mitigate the adverse consequences for employees, especially the possibility of their inclusion in a suitable occupation for other workplaces of the employer.

(4) The employer is also obliged to inform in writing the regional branch of the Labour Office the appropriate action according to the employer on measures referred to in paragraphs 2 and 3, in particular the reasons for such action, the total number of employees, number and structure of employees affected by those measures are of concern , the period during which there is a collective redundancies, on the proposed considerations for the selection of redundancies and to open negotiations with the trade union or council employees. One copy of the written information delivered by the employer or trade union council employees.

(5) The employer is obliged to deliver demonstrably regional branch of the Labour Office in accordance with the employer’s place of business a written report of its decision on collective redundancies and the results of negotiations with the trade union or council employees. The report shall also indicate the total number of employees and the number and professional composition of employees affected by collective redundancies involved. One copy of this report delivers the trade union and works council. Trade union and works council are entitled to a written report zaměstnavatele separately to express those views and to deliver the regional branch of the Labour Office according to the activities of the employer. Employer to whom the decision on bankruptcy 21a) is required to deliver the regional branch of the Labour Office a written report only on request.

(6) In the event that the employer is not established or does not trade union or council employees, the employer is obliged to fulfill the obligations specified in paragraphs 2 to 5 to each employee, in which redundancies involved.

(7) The employer must give employees day of receipt of the written report of the employer county branch of the Labour Office pursuant to § 63rd

 

  • 63

 

Employment collectively transmitted employee testimony ends not earlier than after 30 days of consecutive receipt of the written report employer under § 62 paragraph 5 regional branch of the Labour Office according to the activity of the employer unless the employee claims that the extension of service does not. This does not apply, if a decision on bankruptcy 21a) of the employer.

  • 64

The provisions of § 62 and 63 shall apply to cases of collective redundancies decided by the competent authority [§ 52 point. c)].

Part 7

Other cases of termination of employment

  • 65

Termination of employment for a definite period

(1) The employment of limited duration may also be terminated by other means provided for in § 48, paragraph 1, 3 and 4 If the duration of employment is limited to certain time of the work, the employer must notify employees at the end of the work on time, usually at least 3 days in advance.

(2) If the employee continues after the expiry of the term (§ 48 paragraph 2), knowing Employers also in doing the work are that it is an employment relationship of indefinite duration.

  • 66

Termination of employment during the probationary period

(1) The employer and employee may terminate the employment relationship during the probationary period for any reason or no reason. An employer may not cancel during the trial period of employment during the first 14 calendar days in the period from 1 January 2012 to 31 December 2013 during the first 21 calendar days of temporary incapacity (quarantine) of the employee.

(2) For termination of employment during the probationary period must be in writing, otherwise it will not be considered. The employment relationship shall terminate on receipt of cancellation, unless it specifies a later date.

Part 8

Severance

  • 67

(1) Employees, for which there is a notice of termination of employment the employer for reasons mentioned in § 52 point. a) to c) or agreement for the same reasons, from the employer for the termination of employment with severance pay of at least

  1. a) jednonásobku his average salary if his employment with the employer took less than 1 year
  2. b) twice the average of his salary if his employment with the employer took at least 1 year and less than 2 years
  3. c) three times its average earnings, if his employment with the employer took at least 2 years
  4. d) the sum of three times its average earnings and the amounts referred to in subparagraphs a) to c) if there is a termination of employment when the employee is covered by the account of working hours procedure under § 86 paragraph 4

For the duration of employment is regarded as the duration of previous employment with the same employer if the period since its creation following the end of the employment does not exceed 6 months.

(2) Employees, for which there is a termination of employment by notice given by the employer for reasons specified in § 52. d) or agreement for the same reasons, it is for the employer upon termination of employment severance of at least twelve times the average salary. It was if the employee terminated employment, not because according to a medical report issued by the provider of occupational health services or the decision of the competent administrative authority which reviews the medical opinion, as do the current job for work-related injury or occupational disease, the employer shall be completely relieved of their duties under § 367, paragraph 1, compensation under the second sentence is not for employees.

(3) For the purposes of severance pay to average earnings means the average monthly earnings.

(4) Severance pay, the employer must pay employees after termination of employment in the next pay period designated by the employer for the payment of wages or salary if the employee agrees in writing to the payment of severance pay on the day of termination of employment or at a later date of payment.

  • 68

(1) If an employee after termination of employment do work with existing employers in the employment contract or an agreement for work before the expiry of the period specified by the number of multiples of average earnings, which was derived from the amount of severance pay, is obliged to return the severance or zaměstnavateli its proportion.

(2) an aliquot of severance pay is determined by the number of calendar days from taking up new employment to the expiry of the period referred to in paragraph 1

Part 9

Illegal termination of employment

  • 69

(1) If an employer gave employees unfairly dismissed or set aside to him zaměstnavatel invalidly employment immediately or on probation, and told the employee of the employer without undue delay in writing that insists that he also employed, his employment still the case and the employer is obliged to provide to pay the wages or salary. Compensation under the first sentence of the employee average earnings from the date of oznámil employers that insist on further employment until such time as the employer will continue to work or when there is a valid termination of employment.

(2) exceeds the total time for which employees should belong wage compensation, 6 months, the court may on the proposal, an employer’s obligation to pay wages or salary for a further period be reduced, the court in its decision having regard in particular to whether the employee is employed elsewhere in the meantime, what work there took place and what earnings reach or the reason to work have not.

(3) If an employer undid employment illegally, but fails to notify an employee that insists that it employed Employers also applies if the employer agrees in writing to the other end of the day that his employment was terminated by agreement,

  1. a) Given a valid dismissal, expiry of the notice period
  2. b) if the employment of illegally canceled immediately or on probation, the date when the employment relationship had to end this cancellation, in which cases the employee is entitled to wage compensation in the amount of average earnings during the notice period.
  • 70

(1) gave the unfairly dismissed employee of the employer or illegally canceled if the staff member immediately or probationary employees and employers said without undue delay in writing that insists to continue doing his job, employment is still the case. If the employee fails call the employer the employer has the right to claim him for the damage he thereby incurred from the day when he announced that he insists on holding another job.

(2) untied if the staff member void However, employers does not insist that the employee continued to work with him, is true if the employee agrees in writing to the other end of the day that his employment was terminated by agreement,

  1. a) Given a valid dismissal, expiry of the notice period
  2. b) if the employment of illegally canceled immediately or on probation, the date when the employment relationship had to end this cancellation.

(3) In cases referred to in paragraph 2 of the employer against the employee can not claim compensation.

  • 71

When an invalid agreement on termination of employment are to be used when assessing an employee the right to compensation for lost wages or salary as when unfair dismissal the employer (§ 69). Zaměstnavatel right to compensation for the annulment of the agreement shall not apply.

  • 72

The invalidity of dismissal notice, immediate termination, termination of probation or agreement can both employer and employee filed with the court no later than within 2 months of when the employment relationship had to end this cartage.

Part 10

Appeals from the post of head of

or waiver of this place

  • 73

(1) In cases referred to in § 33, paragraph 3, the one who is responsible for appointment (§ 33 paragraph 4), the head of the appeal of the job, the senior employee can also give this place.

(2) If the employer is a legal entity other than those specified in § 33, paragraph 3, or a natural person may be agreed with the Head of the employee to removal from the place where both agreed that the senior employee can give up this place.

(3) The leading points pursuant to paragraph 2, points

  1. a) the scope of direct control

1) the statutory body, Where the employer is a legal entity

2) the employer if the employer is a natural person

  1. b) the scope of direct control manager, directly subordinate

1) the statutory authority, if the employer is a legal entity

2) the employer if the employer is a natural person

provided that the employee reports to the Head of another senior employee.

(4) appeal the presiding officer under paragraph 2 may be performed for an employer who is a legal entity, its statutory authority and an employer who is a natural person, the employer.

  • 73a

(1) An appeal or waiver of the job manager, must be made in writing. Work on the job manager, ending the day following the receipt of an appeal or waiver of this place, if no appeal or waiver of the job given day later.

(2) the removal or resignation from the job manager, terminate the employment, the employer is obliged to propose an amendment to the employee’s employment status with another employer to another job commensurate with his qualifications and health condition. If the employer has no employees for a job or an employee refuses it, it is an obstacle in the work and the employer pays the same time, there is reason for dismissal under § 52 point. c) compensation provided to employees during organizational change belongs only in case of termination of employment following an appeal from the head of the cancellation of this place as a result of organizational changes.

(3) If the employment manager, appointment or modified based on the term ends if the employment relationship prior to expire at the end of time (§ 48 paragraph 2).

PART THREE

Contracts for work carried outside employment

  • 74

General provisions

(1) The employer shall ensure fulfillment of their tasks, especially employees in employment.

(2) In agreements on work performed outside the employment relationship is not employer must schedule the employee working hours.

  • 75

The employment agreement

The scope of work to which the contract of service concluded, must not exceed 300 hours per calendar year. The scope of work also included the duration of the work done by the employee for the employer in the same calendar year, based on contracts for other work. The agreement to carry out the work must be given time to which the agreement says.

  • 76

Agreement on work activity

(1) Agreement on the work the employer may conclude a natural person, although not beyond the scope of work in the same calendar year, 300 hours.

(2) By agreement of the work is not possible to perform work in excess of the range, on average, half of the stipulated weekly working time.

(3) Compliance with the agreed and maximum allowable range of half the fixed weekly working hours shall be assessed for the entire period for which the agreement was concluded for work, but after a maximum period of 52 weeks.

(4) The agreement on work activity shall be contracted work, done the extent of working hours and the period for which the agreement is concluded.

(5) If the agreed method of cancellation of contracts for work, it can be waived by agreement of the Parties on the agreed date, can be unilaterally revoked for any reason or without cause with 15 days notice period, which begins on the date on which notice was served other party. Immediate cancellation of contracts for work but can be arranged only for cases where it is possible to immediately terminate the employment relationship.

  • 77

Common provisions

(1) Agreement on work performance and work agreement must be in writing, a copy of this Agreement issued by the employer employees.

(2) Unless this Act otherwise provided below, refers to work done on the basis of agreements on work performed outside employment arrangements for their work in employment, it does not apply in respect of

  1. a) transfer to another job and transfer,
  2. b) temporary allocation
  3. c) compensation,
  4. d) working time and rest periods, work performance must not exceed 12 hours within 24 consecutive hours,
  5. e) barriers to work for the employee,
  6. f) leave,
  7. g) termination of employment,
  8. h) the remuneration (“the reward of the agreement”), with the exception of the minimum wage, and
  9. i) the travel reimbursement.

(3) The right to active employees under an agreement to work on other important personal obstacles at work and on holiday can be arranged, or to establish an internal regulation, and under the conditions specified in § 199, 206, and the ninth. For contracts for works and contracts for work but must always be respected adjustment under § 191 to 198 and § 206th

(4) To terminate the agreement for work or contracts for work to be in writing, otherwise to her account. The same is true for the immediate abolition of these agreements.

(5) The legal representative of a minor employee who has not attained the age of 16 years may immediately terminate the contract for work or a contract for work of a minor staff as is necessary in the interests of education, development or health of a minor staff. The validity of immediate termination of contracts for work or contracts for work of a minor employee in the first sentence requires consent of the court.

(6) The legal representative shall deliver a copy of immediate termination of contracts for work or contracts for work and consent of the court for minor employees.

PART FOUR

WORKING TIME AND REST TIME

TITLE I

GENERAL provisions on working time and working hour

  • 78

(1) For the purposes of working time and rest periods is

  1. a) working time period in which the employee is obliged to perform for an employer work, and the period in which the employee is at work ready to work according to instructions of the employer,
  2. b) rest period which is not working time,
  3. c) exchange of weekly working hours without overtime, the employee shall be based on a predefined schedule to work shifts,
  4. d) dvousměnným working procedure is a work in which employees regularly alternate with each other in 2 shifts within 24 consecutive hours,
  5. e) the procedure is working three shifts of work in which employees regularly alternate with each other in 3 shifts within 24 consecutive hours,
  6. f) continuous working mode of operation mode in which employees regularly alternate with each other in shifts around the clock operation of the employer within 24 consecutive hours,
  7. g) hour operation, which requires performance of work 24 hours a day, 7 days a week
  8. h) on-call time in which the employee is ready for any work under an employment contract, which must be an urgent need done, beyond its schedule shifts. On-call may be just another place agreed with the employee, from different departments employer
  9. i) work overtime, work done by an employee of the employer or to order with the consent of the agreed weekly working hours resulting from a predetermined pattern and held outside the schedule shifts. For employees with shorter working hours is the work of overtime work exceeding the agreed weekly working hours, these employees can not be ordered to work overtime. Not work overtime, if an employee napracovává work done over the agreed weekly working time off work that the employer provide, upon request,
  10. j) night work, work done at night time, night time is the time between 22 and 6 hour
  11. k) employee working at night, an employee who during night time at least 3 hours of their working hours within 24 consecutive hours on average at least once a week during the period referred to in § 94 paragraph 1,
  12. l) a uniform layout patterns of working hours at the employer allocated to individual weeks agreed weekly working hours, or shorter working hours,
  13. m) uneven patterns of working time layout, in which an employer rather than distributing them evenly over each week agreed weekly working hours, or shorter working hours, with the average weekly working time must not exceed the agreed weekly working hours, or shorter working hours, for a maximum period of 26 consecutive weeks. Only a collective agreement may specify the period up to 52 consecutive weeks.

(2) The provisions of paragraph 1 letter. d) to f) applies even if the employees’ regular shift rotation is parallel to the work of employees subsequent innings, but only for a maximum of 1 hour.

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