TOPIC  

 OVERVIEW OF MAIN CHANGES

   HOW TO PREPARE?

     Home office    

• HO will only be possible based on a written agreement with 15 days’ notice (can be modified or excluded by agreement). 
• 3 methods of compensation for costs of HO: (i) proven actual costs, (ii) flat rate per hour as per relevant regulation, or (iii) agreement that no costs are to be compensated. 
• Protected employees (pregnant women, employees caring for children under 9 or dependents) can request HO - discretionary, only right to written explanation.  

• Enter into a written HO agreement within 1 month.
• Select and implement a method of compensation for costs of HO.
• Review and modify existing internal HO agreements, guidelines, and regulations.

Agreement on performance of work (APW)/Agreement on working activity (AWA)

• Obligation to schedule employees' working hours and to inform the employees of the schedule at least 3 days before the shift, unless a shorter period has been agreed. 
• Entitlement to basic scheme allowances (for night shifts, weekend shifts, holidays shifts, difficult working environment).
• Application of the Labour Code regarding working hours and mandatory rest periods.
• Entitlement to all work-related impediments as for employment, but newly granted impediments are unpaid. 
• Holiday entitlement (from 1.1.2024) - same calculation as for employees working on the basis of an employment agreement (notional 20h work week, the employee must work minimum of 4 weeks and 80 hours). 
• Option to apply for transfer to the legal regime of an employment agreement - after working a minimum of 180 days in the last 12 months - discretionary, only right to written explanation.

• Revise the existing templates of the APWs/AWAs
• Conclude amendments to the existing APWs/AWAs
• Review and modify existing internal regulations, documentation, and processes.

Extension of the information obligation

• Expanding the scope of information to be provided during onboarding. 
• Special information obligation when sending employee for work abroad.
• Reduction of the time limit to 7 days from the start of the employment.
• Existing employees only need to be “newly” re-informed if they request it. 
• Possibility to inform electronically if it is possible to save and print the information.  
• Information also for APW/AWA to an equivalent extent. 

• Revise and complete the template information. 
• Prepare new information for APW/AWA. 
• Review and modify existing internal regulations, documentation, and processes. 

Electronic conclusion of agreements

• It will be possible to conclude the employment agreement, APW/AWA and amendments thereto, including termination agreements, electronically, typically by e-mail, even with a simple electronic signature.  
• Under the condition that, once concluded, the document will be delivered to the employee's private e-mail address, which the employee has notified in writing. 
• The employee can withdraw within 7 days (except for termination agreements and if the employee has already started working). 

• Decide on the electronic conclusion of agreements.
• Obtain private email addresses from employees. 
• Review and modify existing internal regulations, documentation, and processes.

Delivery of important HR documents

• Significant narrowing of the list of documents that must be delivered in person pursuant to the Labour Code - in particular termination documents (with the exception of agreements) and salary statement remain.
• It is up to the employer to choose the main method of delivery (in person at the workplace/anywhere, by e-mail or by databox). Only by classic mail delivery, the impossibility of personal delivery at the workplace is required. 
• It will be possible to deliver using e-mail with a recognised e-signature, subject to the employee's special consent to his/her private e-mail address (fiction of delivery after 15 days). 
• It will also be possible to deliver to the employee's databox without his/her consent unless he/she denies deliveries of private messages.
• Significant simplification also for e-delivery to a designated employer’s e-mail address (a simple signature is sufficient, 15day fiction of delivery).

• Decide on the use of e-delivery.
• Prepare wording and obtain qualified employees’ consents.
• Obtain databox information.
• Determine and inform employees about email address for delivery to the employer. 
• Review and modify existing regulations, documentation, and processes.

Other important changes

• Increase in limits for agreed overtime for employees in the healthcare sector.
• Modified request for parental leave (in writing, at least 30 days in advance, incl. duration)
• "Shortened" continuous rest week (min. 24 hours, but plus 11 hours)
• Shifted burden of proof in certain employee disputes.

• Review and modify existing internal regulations, documentation, and processes.  
• New agreements for additional overtime for employees in the healthcare sector.