Archive Legal Alert

5/2024 – HR Legal Alert – Legislative changes – Changes to work performance agreements – from 1 July 2024 and 1 January 2025 – Flexible amendment to the Labour Code – Court decisions – Replacement tolls as an employer’s expense and invalidity of the related loan agreement – When it is not necessary to pay a bonus to former employees – The representative authorised to decide on the organisational change and any approval of such action by the employer

3/2024 – HR Legal Alert – Legislative changes and information from the authorities – Extension of temporary protection – Draft Law on Integrative Social Enterprise – Government Regulation on the maximum amount of the contribution to support the employment of people with disabilities in the sheltered labour market – Information of the State Labour Inspection Office (“SLOI”) on the inspection plan for 2024 – Court decision – Circumstances in which a physical assault on another employee does not constitute grounds for immediate termination – “Lippy clerk” – is that grounds for termination of employment? – State of facts – The Constitutional Court on so-called “true concurrences”

2/2024 – HR Legal Alert – Legislative changes and information from the authorities – Amendment to the Labor Code – Information of the State Office of Labour Inspection on issuing certificates pursuant to Section 324a(8) of the Labour Code – Judicial decisions – Possible indirect discrimination against the employee and creation of an obstacle to work on the part of the employer – Failure to communicate with the employer as a failure to meet the requirements for proper performance of work and grounds for dismissal

2/2024 – SK Legal Alert – Legislation News – Conversions of companies and cooperatives – Financial assistance – Amendment to the Bankruptcy and Restructuring Act

1/2024 – HR Legal Alert – Legislative changes – Amendment to the Labour Code – liability in the construction industry – Amendment to the Labour Code – working hours in healthcare – Amendment to the Employment Act – Change of the definition of illegal work – Changes to agency employment – Amendment to the Labour Code – agency employment – Increase in the minimum wage and certain levels of the guaranteed wage – Domestic meal and travel allowances for 2024 – Fixed amount of teleworking reimbursement for 2024 – Court judgment – Entitlement to vacation leave even during the period of the dispute over the invalidity of the employment contract

11/2023 – HR Legal Alert – Legislative changes and proposals – Internal reporting systems also mandatory for smaller employers from 15 December 2023 – Foreign boarding fees for 2024 – Increase in the reduction thresholds for adjusting the daily assessment base for 2024 – Decree on fixing the amount of the lump – sum reimbursement of telework expenses for 2023 – Court decisions

9/2023 – HR Legal Alert – Change to the Labour Code – What to prepare for and check in relation to the Amendment – from the employer’s side it is recommended to: Whistleblower Protection Act – Amendment to the Public Health Protection Act – Amendment to the Employment Act – Changes to travel allowances – Forthcoming amendment to the Labour Code introducing liability in the subcontracting chain in the construction industry – Opinion of the CNB on the eligibility of payroll accountants to obtain a licence to provide payment services under the Payment Services Act (“PSA”)

7/2023 – SK Legal Alert – Consumer Law News – Act on Actions for Protection of Collective Consumer Interests – New Consumer Protection Act

7/2023 – GDPR Legal Alert – European Commission adopts new rules on the transfer of personal data between the EU and the US – How will the EU-US DPF work? – What exactly does the EU-US DPF bring? – Schrems III?

6/2023 – SK Legal Alert – Amendment to the Act on Protection of “Whistleblowers“ – Whistleblower – Other protected persons – Internal Notifications Verification System – Retaliatory measure – Office for Whistleblowers Protection – Administrative offences and sanctions

6/2023 – HR Legal Alert – Whistleblowing – Whistleblower Protection Act – Implementation period – Purpose – Efficiency – How to implement the internal notification system most effectively?

5/2023 – Cyber Alert – Cybersecurity according to NIS2 – The NIS2 Directive and its effectiveness – National Cybersecurity – Next steps

4/2023 – HR Legal Alert – Amendment to the Labour Code and related changes – Electronic conclusion of certain agreements and contracts in labour relations – Information obligation on working conditions – Mandatory written form of certain agreements – Agreements on work performed outside the employment relationship – Rest period – Parental leave – Rights of selected groups of employees – Telecommuting (“Home office”) – Delivery of documents – Change in procedural rules – reversal of the burden of proof in litigation – Amendment to the Labour Inspection Act

2/2023 – SK Legal Alert – Foreign Investment Screening Act – Basic Terms of the Act – Foreign investment subject to screening – Proceeding on Foreign Investment – Review of the Decisions – Administrative offences and penalties

1/2023 – SK Legal Alert – Labour Law News – Amendments effective as of 1 November 2022 – Documents Delivery Form of Information Provision – Employment Contract and Provision of Information on Terms and Conditions of Employment – Employment Contract and Written Information when Working outside the Slovak Republic – Amendments to Agreements on Work Performed outside Employment Relationship – Probationary Period for Fixed-term Employment Relationship – Severance Pay and Retirement Benefit in the Event of Employee´s Death – Parents’ Rights in relation to Flexible Work Forms – Paternity Leave and Parental Protection – Amendments effective as of 1 January 2023 – Amendments effective as of 1 June 2023

12/2022 – SK Legal Alert – Summary of the Legislative News – Amendment to the Commercial Code – Act on Actions for Protection of Collective Consumer Interests – Amendment to the Civil Dispute Procedure Code

10/2022 – SK Legal Alert – Electronic Communications Act: unsolicited communications and cookies

9/2022 – HR Legal Alert – Electronic conclusion of certain agreements and contracts in labour law – Information obligation on conditions of employment – Agreements on work performed outside the employment relationship – Parental leave – Rights of selected groups of employees – Home office – Delivering – Other – Change in procedural rules – reversal of the burden of proof in a dispute

9/2022 – CZ Legal Alert – Recent decision of the OPC confirms the importance of company compliance programmes – Compliance programme as a mitigating circumstance – Conditions of application

9/2022 – SK Legal Alert – New Consumer Protection Act – New Definitions and Terms – Unfair Trade Practices – Alternative dispute resolution – Sanctions Changes to the Civil Code

9/2022 – HR Legal Alert – Legislative changes and proposals – Regulation on adjustment of compensation for loss of earnings – Meal allowance adjustment – Adjustment of the rate of the average price of petrol for the purpose of providing travel allowances – Discounts on the insurance premium paid by the employer for certain groups of employees – Case law – Dealing with private matters during working hours – Termination due to long-term loss of ability to perform current work

8/2022 – SK Legal Alert – Legislation News – Act on the Central Register of Ac-counts and on Amendments to Certain Acts – Amendment to the Act on the Protection against the Legalization of the Proceeds from Crime and on the Protection against the Financing of Terrorism – The Act on Solving Impending Bankruptcy and on Amendments to Certain Acts – Amendment of the Commercial Code – Act on Contributions from European Union funds – Amendment to the Act on Safety and Health Protection at Work – Amendment to the Illegal Work and Illegal Employment Act and the Employment Services Act

7/2022 – CZ Legal Alert – Amendment to the Act on Beneficial Owners Register – Reasons for the amendment – Changes adopted by the Amendment

6/2022 – HR Legal Alert – Legislative changes and proposals – Regulation on the adjustment of compensation for loss of earnings – Determination of the average wage for the purpose of issuing the Blue Card – Adjustment of the average fuel price for the purpose of granting travel allowances – Obligations on termination of employment – Proposal for a discount on employer-paid insurance premiums for certain groups of employees – Case law – Distance conclusion of employment contracts

5/2022 – DIGI Legal Alert – Digital Services Act – New obligations – Other changes – Conclusion

3/2022 – GDPR Legal Alert – European Commission and the US announcement on basic principles of new trans-atlantic framework to replace Privacy Shield

3/2022 – SK Legal Alert – Current residence and employment conditions of Ukrainian and third-country citizens on the territory of the Slovak Republic – Conditions for provision of and rights under temporary refuge status – Further possibilities of employment of Ukrainian citizens on the territory of the Slovak Republic and related employers information obligations – Draft Act on Additional Measures – Measures related to COVID-19

3/2022 – HR Legal Alert – „Lex Ukraine“ – Authorization to stay in the Czech Republic for the purpose of temporary protection and health – nsurance – Free access to labour market – Humanitarian benefit and allowance for solidarity households – Children’s groups

3/2022 – HR Legal Alert – Armed conflict caused by the invasion of Ukraine by the Russian Federation – Call-up orders – Residence permits, possibility to work – Termination of comprehensive testing of employees – Indoor respiratory protection

2/2022 – SK Legal Alert – Amendment to the Public Procurement Act – Approval of the Amendment and its Objectives – Changes in Individual Fields – Effectiveness of the Amendment

1/2022 – HR Legal Alert – Testing in the context of the COVID-19 pandemic – Frequency of testing – Range of persons concerned – Refusal of testing – Registration and notification obligations – Obligations in case of a positive result – Termination of quarantine – Suspend Antivirus B mode

12/2021 – HR Legal Alert – Antivirus Programme Extension – Mode A – Mode B – Antivirus will be valid until 30 June 2022 – Reintroduction of the crisis care allowance – The return of the isolation allownance – Minimum wage increase

11/2021 – SK Legal Alert – Pandemic measures: Changes for employers and business establishments – Home working – Obligation to cover the upper respiratory tract – Temporary measures for the entry of employees to workplace and other premises of the employer – Restriction on business establishments

11/2021 – HR Legal Alert – Mandatory testing of employees and self-employed persons – How will the testing be done and from when? – Who does not need to be tested (exceptions) – Duties of employees – Positive result – Refusal to undergo the test – Records maintained by the employer – Issuance of a confirmation test request form and the obligation to undergo the test – Recommendations – Self-employed persons – Reimbursement of costs

10/2021 – HR Legal Alert – New measures to prevent the spread of COVID–19 – Wearing of respiratory protective equipment – Changes from Monday, October 25, 2021, from 0:00 – Other measures, that will affect some operations – Changes from Monday, November 1, 2021 from 0:00 – Return of an employee from abroad – New rules for tests and their payment

9/2021 – GDPR Legal Alert – Amendment to the Electronic Communications Act introduces an obligation of prior consent for the use of cookies from 1 January, 2022!

9/2021 – HR Legal Alert – Whistleblowing – Whistleblower Protection Act

7/2021 – SK Legal Alert – Continuation of state subsidies in connection with the coronavirus pandemic and current conditions of entry to Slovakia – Continuation in the First Aid project and its connection with the Covid automat – Large Scheme of Financial Support for Tourism – vesmirpodpory.sk – Conditions for Entry into Slovakia Valid from 9 July 2021

6/2021 – Legal Alert – Brexit and GDPR: Commission adopts adequacy decisions – The European Union (EU) has formally recognised the UK’s high data protection standards after more than a year of talks – Key elements of the adequacy decisions

6/2021 – HR Legal Alert – “Kurzarbeit” approval – Extension of the Antivirus A program until 30 June 2021 – Obligation to wear respiratory protection in the workplace – Measured connected to the border crossing – Restrictions concerning the entry to the workplace – The end of the mandatory testing

6/2021 – SK Legal Alert – New Act on Support during Short-time working – Conditions for Provision of Support on Employer´s Side – Application for the Support – Amount of the Support – Conditions for Provision of Support on Employee´s Side – Payment of the Support – Period of the Support Provision – Obligation of the Employer to Keep the Job

6/2021 – Legal Alert – Listing the object of the company „production, trade and services not specified in annexes 1 to 3 of the Trade Licensing Act“ in the articles of association is no longer sufficient

6/2021 – Legal Alert – GDPR – transferring outside the EU/EEA – New standard contractual clauses effective from 27 June 2021! – Publication of new SCC Character of the new SCC – Transitional period – What now?

3/2021 – Legal Alert – Hiring a UK Service Provider in the Czech Republic? There’s a catch… – How will the cross-border trade in services continue? – Travelling to provide services? – The Trade and Cooperation Agreement – Controlling UK Service Providers – Will an Economic Needs Test be applied? – Who knows? – Have band, will travel? Not necessarily…

3/2021 – HR – Legal Alert – Labour Law measures in connection with the COVID-19 pandemic – Mandatory staff testing – Self-testing carried out by employees – positive result procedure – Securement of respiratory protection equipment – Pre-recruitment and periodic medical ex-aminations – Extension of the Antivirus program

2/2021 – SK – Legal Alert – State subsidies during the Coronavirus pandemic second wave – Tourism support – Rental subsidy – First Aid +

2/2021 – Brexit – Legal Alert – The impact of Brexit on Czech Corporate Law – Le Brexit? C’est arrivé! – What corporate law fields are affected by Brexit? – British entities doing business in the Czech Republic – Licensed trades – Recognition of qualifications – European company (Societas Europaea) – Cross – border transformations – Provision of financial services

2/2021 – HR – Legal Alert – Measures related to border crossings – Restrictions related to entry to the workplace – Vaccination against COVID-19 caused by SARS-CoV-2 – What does the vaccination option mean for employers? – Leave and compensation of wages – Can employees be ordered to be vaccinated?

2/2021 – SK – Legal Alert – CHANGES BROUGHT BY THE AMENDMENT OF THE LABOUR CODE – WORK FROM HOME AND TELEWORK – OTHER CHANGES

1/2021 – HR – Legal Alert – Labour law measures in connection with the COVID-19 pandemic – Extention of the Antivirus program – Reintroduction of sworn statement instead of initial medical examinations – Border crossing measures – Obligation of notification

1/2021 – Legal Alert – Ministry of Industry and Trade´s third invitation under the „COVID – Rent“ Program- Basics of the program – Subjects qualified for the aid – The amount of aid – Differences from previous rounds

1/2021 – Legal Alert – Program COVID – Gastro – Closed business premises – Purpose of the program – Basics of the program – Subjects qualified for the aid – The purpose and amount of aid

11/2017 – HR Legal Alert – Aktuální změny v oblasti pracovnělékařských služeb s účinností od 1. 11. 2017 – Novela nařízení č. 64/2009 Sb., o stanovení druhů prací, které agentura práce nemůže formou dočasného přidělení k výkonu práce u uživatele zprostředkovávat – Judikatura – K monitoringu zaměstnanců

9/2017 – HR Legal Alert – Aktuální změny v oblasti legalizace pobytu zahraničních pracovníků – Judikatura – K organizační změně spočívající ve zrušení pracovního místa s kratší pracovní dobou – K řetězení pracovních poměrů na dobu určitou

8/2017 – HR Legal Alert – Novela zákona o zaměstnanosti – dopady na zaměstnavatele – Judikatura – Poškození zdraví při plnění pracovních úkolů na pracovní cestě

6/2017 – Legal Alert SK – Komunikácie s orgánmi verejnej moci povinne aktivované elektronické schránky

6/2017 – Legal Alert EN – Exercise of Public Bodies Competence in Electronic Form, electronic mailboxes

6/2016 – Legal Alert EN – The amendment of Act on Criminal Liability of Legal Persons

2/2016 – Legal Alert DE – Novelle des Gesetzes über die bedeutende Marktmacht beim Verkauf von landwirtschaftlichen und Lebensmittel-produkten und ihren Missbrauch

2/2016 – Legal Alert EN – Amendment of the Act on Significant Market Power in the Sale of Agricultural and Food Products and Abuse Thereof

1/2016 – HR Legal Alert DE – Dürfen Arbeitgeber private E-Mailnachrichten ihrer Arbeitnehmer wirklich uneingeschränkt lesen?

1/2016 – HR Legal Alert EN – Are employers really entitled to read their employees’ personal messages at will?

10/2015 – Legal Alert DE – Der Gerichtshof der Europäischen Union sagt NEIN zu Safe Harbor bei der Weitergabe persönlicher Daten an die USA

10/2015 – Legal Alert EN – European Court of Justice says NO to the Safe Harbor regime for the transfer of personal data to the USA