Working time regulations in the Czech Republic are primarily governed by the Labour Code, which sets out clear rules regarding standard working hours, overtime, rest periods, and other related aspects of employment. These regulations are designed to protect employees' health and safety while providing a framework for employers to manage their workforce effectively and compliantly. Understanding these rules is crucial for any company employing staff in the Czech Republic, whether directly or through an Employer of Record.
Compliance with Czech working time laws is mandatory and subject to inspection by labour authorities. Employers must ensure that their practices align with the Labour Code's requirements concerning maximum working hours, minimum rest periods, and proper compensation for overtime and work performed during less favourable times like nights or weekends. Maintaining accurate records of working time is also a key obligation.
Standard Working Hours and Workweek Structure
The standard length of the working week in the Czech Republic is 40 hours. This is typically spread over five working days, resulting in an 8-hour workday. However, the Labour Code allows for variations in the standard working week length under specific circumstances:
- For employees working underground in coal mines, the standard week is 37.5 hours.
- For employees working on a three-shift system or continuous operation, the standard week is 37.5 hours.
- For employees working on a two-shift system, the standard week is 38.75 hours.
The maximum length of a single shift, including overtime, generally cannot exceed 12 hours. The average working time, including overtime, must not exceed 48 hours per week over a reference period, which is typically 26 consecutive weeks, but can be extended to 52 weeks by collective agreement.
Overtime Regulations and Compensation
Overtime is defined as work performed by an employee at the employer's instruction or with their consent beyond the established weekly working time and above the schedule of shifts. Overtime can only be ordered by the employer in exceptional cases.
There are limits on the amount of overtime an employer can order:
- An employer can order an employee to work a maximum of 8 hours of overtime per week on average over the reference period.
- An employer can order an employee to work a maximum of 150 hours of overtime per calendar year without the employee's agreement.
- Any overtime exceeding 150 hours per year requires the employee's explicit agreement.
- The total amount of overtime, including both ordered and agreed overtime, cannot exceed an average of 8 hours per week over the reference period (i.e., the 48-hour average weekly limit).
Compensation for overtime is mandated by law. Employees are entitled to their achieved wage plus a premium of at least 25% of the average earnings. Alternatively, the employer and employee can agree on providing compensatory time off instead of the premium. If compensatory time off is agreed upon, it must be provided within a specified period, typically within 3 calendar months after the overtime work was performed, unless otherwise agreed.
| Type of Compensation | Minimum Rate | Alternative |
|---|---|---|
| Overtime | Achieved wage + 25% premium of average earnings | Compensatory time off (equivalent to overtime) |
It is possible to agree with the employee that wage already includes potential overtime work, up to a certain limit (150 hours per year). This must be explicitly stated in the employment contract, internal regulation, or collective agreement.
Rest Periods and Break Entitlements
The Labour Code mandates specific rest periods to ensure employees have adequate time off between shifts and during the workday.
- Break during work: An employee is entitled to a break for food and rest of at least 30 minutes after a maximum of 6 hours of continuous work. This break is not included in working time. If the work can't be interrupted, a reasonable rest period must be provided without interrupting the operation, which is counted as working time.
- Daily rest: An employee is entitled to uninterrupted rest between two shifts of at least 11 consecutive hours within 24 hours. This rest period can be shortened to 8 hours under specific conditions (e.g., in continuous operations, urgent agricultural work, public services) provided that the subsequent rest period is extended accordingly to ensure an average of 11 hours over a certain period.
- Weekly rest: An employee is entitled to uninterrupted rest during the week of at least 24 consecutive hours, which must be provided once per 7 calendar days. Alternatively, the weekly rest can be provided as uninterrupted rest of at least 35 consecutive hours within 7 calendar days. For employees under 18, the weekly rest must be at least 48 consecutive hours.
Night Shift and Weekend Work Regulations
Specific rules apply to work performed during night shifts and on weekends.
- Night Work: Night work is performed between 10 p.m. and 6 a.m. Employees working at night are entitled to their achieved wage plus a premium of at least 10% of the average earnings. This premium can be agreed differently in a collective agreement or internal regulation, but it cannot be lower than the statutory minimum. Employers must ensure that night workers are not assigned tasks that could endanger their health and must provide medical examinations. The average length of a shift for a night worker over a reference period (typically 26 weeks) must not exceed 8 hours.
- Weekend Work: Work performed on Saturdays and Sundays is considered weekend work. Employees working on weekends are entitled to their achieved wage plus a premium of at least 10% of the average earnings. Similar to night work, this premium can be adjusted by collective agreement or internal regulation but not below the statutory minimum.
| Type of Work | Minimum Premium |
|---|---|
| Night Work | Achieved wage + 10% premium of average earnings |
| Weekend Work | Achieved wage + 10% premium of average earnings |
It is possible to agree with the employee that wage already includes potential premiums for night work or weekend work. This must be explicitly stated in the employment contract, internal regulation, or collective agreement.
Working Time Recording Obligations
Employers in the Czech Republic have a legal obligation to keep detailed records of their employees' working time. This is essential for ensuring compliance with maximum working hours, rest periods, and proper wage and premium calculations.
The records must include:
- The start and end times of each shift.
- The duration of overtime work.
- The duration of night work.
- The duration of work on weekends.
- The duration of work on public holidays.
- The duration of breaks (though breaks for food and rest are typically not counted as working time).
These records must be kept accurately and made available to the employee upon request. They are also subject to inspection by the State Labour Inspection Office. Failure to maintain proper working time records can result in significant penalties for the employer. Implementing a reliable system for tracking working hours is therefore a critical aspect of labour law compliance in the Czech Republic.
