SO THAT THE

NEW LABOUR CODE

DOES NOT BECOME A HEADACHE

Work to be done before the new Labour Code enters into force

WHAT DO YOU HAVE TO DO

DETERMINE THE AVERAGE NUMBER OF EMPLOYEES IN THE COMPANY

Additional responsibilities or privileges depend on the average number of employees.

More than twenty employees create additional informational responsibilities.

PREPARE THE PROCEDURE OF USAGE OF INFORMATION AND COMMUNICATION TECHNOLOGIES

Employees must be introduced to the usage of Internet, e-mail and other technologies.

PREPARED PROCEDURE OF THE EMPLOYEE MONITORING AND CONTROLLING

The purpose is to inform the employee about his privacy at the workplace.

UPDATE RULES OF WORK PROCEDURE

The goal is to bring the rules of work procedure into line with the provisions of the new LC (especially as regards working time, work payment).

REVIEW LABOR CONTRACTS

According to the new LC, it is necessary to provide for the workplace (a specific place of business where the employee works, for example, a specific office, a logistics centre with an independent place, and not only the address of the employer's registered office) and to consolidate other innovations.

REVIEW OF ALL UNUSED VACATION OF THE EMPLOYEES. 

SUGGEST A NEW HOLIDAY PROCEDURE FOR THE EMPLOYEES

In order to avoid disputes, it is recommended that each employee signs a document reflecting how many calendar days for the relevant periods are accumulated and which working day numbers correspond to them.

If the signing of a bilateral document is too complex, a unilateral document prepared by the employer may be served to the employee, indicating the time period during which the feedback / questions are expected, if any.

REVIEW AND, IF NECESSARY, PREPARE A NEW REVIEW OF THE NON-COMPETITION AGREEMENT

The new LC provides for new obligations for the employer regarding the procedure and amount of payment for non-competition.

You will not be required to pay compensation for non-competition during the employment relationship.

PREPARE THE PROCEDURE FOR RECORDING, INVESTIGATION OF INFRINGEMENTS OF WORK LIABILITIES AND THE PROCEDURE FOR GIVING WARNINGS TO THE EMPLOYEES

The new LC has fundamentally changed the regulation of work discipline.

There are no such types of penalties like remarks and reprimands.

Recording and investigation of infringements are necessary to enforce disciplinary liability.

PREPARED WORKING TIME ACCOUNTING RULES FOR EMPLOYEES

Rules according to the new LC are needed:

  • using individual working time accounting;

  • recording the departing from normal working time (overtime, etc.);

  • working in total time mode or in case of unplanned scope of work.

DETERMINE THE DUTIES OF THE MANAGING EMPLOYEES OF THE COMPANY AND THEIR GENERAL NUMBER

Such staff may not exceed 20% of the average number of employees.

Applies to companies with multiple work contracts

DETERMINE AND INTRODUCE THE MAIN EMPLOYMENT CONTRACT

There is no possibility of concluding two or more employment contracts with the same employee; therefore, it is necessary to establish a basic employment contract and agree on additional work functions.

Applies to businesses with an average number of employees of 20 and more

CONCLUDE A WORKING COUNCIL

Within 6 months from the date of entry into force of the LC, an election commission must be formed (consisting of 3 to 7 members), which, in accordance with the provisions of the new LC, will elect a Working Council.

In case if the 20th employee is recruited after 01-07-2017, the employer has the duty to initiate the election of the working council within 2 weeks from the date on which the employer's average number of employees reaches 20

Applies to businesses with an average number of employees of 20 and more

APPROVE THE WORK PAYMENT SYSTEM

This system must be designed in such a way that it avoids any discrimination based on sex and other grounds.

Applies to businesses with an average number of employees of 50 and more

INTRODUCE AND PUBLISH THE MEASURES FOR THE IMPLEMENTATION OF THE PRINCIPLES OF EQUAL RIGHTS AND IMPLEMENTATION OF PERFORMANCE PRINCIPLES USING STANDARD METHODS OF THE COMPANY

If the employer has approved this document, this will probably help to reduce the number of disputes between the employee and the employer, respectively, reducing the employer's non-pecuniary damage to the employee.

Applies to businesses with an average number of employees of 50 and more

INTRODUCE AND PUBLISH THE PERSONAL DATA PROTECTION POLICY AND ITS IMPLEMENTING MEASURES USING STANDARD METHODS OF THE COMPANY

This document should respond to the employee's question for what does the employer use the personal data and how it is protected.

Failure to comply with the new provisions of the LC imposes a fine on the directors of legal persons or other responsible persons from EUR 80 to EUR 880.

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