Eurofound's ERM database on restructuring-related legal regulations provides
information on regulations in the Member States of the European Union and Norway
which are explicitly or implicitly linked to anticipating and managing change.
Czechia: Staff information and consultation on business transfers
Phase
Labour Code (Law No. 262/2006 Coll.)
Native name
Zákoník práce, zákon č. 262/2006 Sb.
Type
Staff information and consultation on business transfers
Added to database
08 May 2015
Article
339, 280
Description
Before the effective date of transfer of rights and obligations (arising from labour relations) from the hitherto employer (transferor) to another employer (transferee), both the transferor and the transferee shall be obliged to inform and negotiate thereof, sufficiently in advance (however, no later than 30 days before the transfer of the said rights and obligations to the transferee) the trade union organisation and the works council and consult them, with a view to reaching agreement, on:
the determined or proposed date of transfer;
the reasons for such transfer;
legal, economic and social implications for the employees;
envisaged measures relating to the employees.
Where neither a trade union organisation nor a works council operates at the enterprise of the employer, the transferor and the transferee shall inform and negotiate the employees who will be directly affected by the transfer.
Commentary
These provisions apply, in addition to transfers of entire companies, also to transfers of selected activities or tasks to another employer. The business transfer must be negotiated with employees of companies of all sizes and types.
Additional metadata
Cost covered by
None
Involved actors other than national government
Trade union
Works council
Involvement (others)
None
Thresholds
Affected employees: No, applicable in all circumstances Company size: No, applicable in all circumstances Additional information: No, applicable in all circumstances
Sources
DG Employment, Social Affairs and Equal Opportunities/Héra, Selected companies’ legal obligations regarding restructuring, 2011
Eurofound (2015), Czechia: Staff information and consultation on business transfers, Restructuring legislation database, Dublin,
https://apps.eurofound.europa.eu/legislationdb/staff-information-and-consultation-on-business-transfers/czechia
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