- Phase
- Labour Code (Act No. 262/2006 Coll.)
- Native name
- Zákoník práce (zákon č. 262/2006 Sb.)
- Type
- Employment protection in relation to business transfers
- Added to database
- 22 September 2016
Description
The rights and obligations arising from labour relations are transferred from one employer (transferor) to another employer (transferee) under the Labour Code in case of:
- transfer of the employer's activity;
- transfer of part of the employer's activity;
- transfer of employer's tasks;
- transfer of part of the employer's tasks.
In those cases where employees are transferred to a different employer, the existing employment contract is maintained unchanged, only the person of the employer changes. Therefore, the transferee (new) employer does not negotiate with the affected employees new employment contracts. The rights and obligations from a collective agreement are transferred to the transferee for a period during which the collective agreement is in effect; however, no more than until the end of the subsequent calendar year.
The transferee employer is a legal or natural person who is eligible to continue to carry out the duties or activities of the previous employer, or the activities of a similar nature. The transferee employer is considered to be the as such regardless of the legal reason for the transfer (for instance merger, sale of the business) and regardless of whether ownership rights are transferred (for instance lease).
The transferee must assume all existing rights and obligations arising from the previous employment agreements, including all previous benefits rights. Generally, all employees (including employees on fixed-term contracts) performing duties within the transferred activities or assets are automatically transferred.
Citation
Eurofound (2016), Czechia: Employment protection in relation to business transfers, Restructuring legislation database, Dublin,
https://apps.eurofound.europa.eu/legislationdb/employment-protection-in-relation-to-business-transfers/czechia