The list of working conditions that have to be ensured for workers posted in the Czech Republic has been extended as follows:
If posting in the Czech Republic exceed 12 months, the performance of work by posted workers is regulated by Act No. 262/2006 Coll. and the Labour Code in its entirety (not just the hard core of working conditions), with the exception of the rules concerning the conclusion, change, and termination of contracts of employment.
The basic 12-month period above can be extended by six months (to 18 months in total) upon notification by the posting employer addressed to the competent regional branch of the Labour Office. The notification must be made before the expiry of the 12-month period calculated from the start of the provision of service by the posted worker in the Czech Republic. The notification must be made in writing. Reasons must be given for the extension, however, the law does not specify which reasons are admissible and which are not.
Consent of the Labour Office will not be necessary. Calculating time periods: If another posted worker performs the same task at the same place, the cumulative duration of the two postings periods will be considered for calculating the 12-month (or 18-month) period. Performance of ‘the same task at the same place’ must be assessed taking into account the nature of the work performed, the nature of the service provided, and the place of performance of the work / service.
Postings of workers to the Czech Republic that began before 30 July 2020 will be considered as begun on 30 July 2020. Information requirements: The user has an obligation to inform the temporary employment agency in cases of posting a worker (assigned to the user by the agency) to another Member State of the EU (in cases of so-called ‘double-posting’). The information must contain:
Non-compliance with the new information requirements described above can be subject to a fine of up to CZK 1,000,000 (i.e. approximately EUR 37,446).