Amendment to the Civil Code related to the co-owners pre-emption right

The reintroduction of an unlimited pre-emption right by the co-owners has led to particular problems in relation with the transfer of ownership rights of garage spaces, land and cellars which were co-owned by all housing units owners.

Regulation (EU) 2016/1191 of the European Parliament and Council

The Regulation (EU) 2016/1191 of the European Parliament and council of 06 July 2016 came into force on February 16, 2019, and the difficulties related to the provision of the verification of certain public documents issued by EU authorities were removed.

News about payroll deductions

The Government Order on Unrecoverable Amounts will be amended from June 1, 2019 and its and this change will affect the calculation of wage deductions. The changes will increase the amount from which the net salary can be deducted without any restriction. It will consist twice the subsistence and the normative house costs, thus shifting the upper limit up to which the one-third system will be applied. Under the transitional provisions, the changes will apply for the first time to wages from June 2019. 

Uncertain and unspecified claims

The Supreme Court has in its decision No.: 28 Cdo 5711/2017 dated to the 01.10.2018 partially resolved the widely discussed question of what is meant by the term “uncertain and unspecified claims”.

WLN Conference in Milano

From March 21st until March 23nd 2019 Warwick Legal Network conference took place in Milano in Italy. The event was hosted by member firm Bureau Plattner including lawyers, tax advisers and auditors, which is present in Italy in Bolzano, Milan and Merano.

Person monitoring and personal data protection

In context of the many discussed Article 35 of Regulation (EU) 2016/64 of the European Parliament and Council on the General Data Protection Regulation (hereinafter referred to as “GDPR”), the Czech Data Protection Office has issued an opinion, which should serve as a guideline for data protection officers, whether if it is necessary to prepare and Impact Assessment (hereinafter “DPIA”) or not. 

Revocation of a manager

If an employee represents a managerial position in accordance with §73 section 3 of the Labor Code, he may agree with the employee in accordance with §73 section 2 of the Labor Code, that the employer will have the right to revoke him from this executive position or that the employee can give up on this executive position on himself.

The Supreme Court has stated in its decision No. 21 Cdo 1073/2017, that it is possible to expand or narrow the group of persons listed in §73 section 3 of the Labor Code. The

Wage compensation in case of illness of an employee

The amendment of the Labor Code, which will come into force on the 1^st July 2019, will abolish the three day “exclusion period” in which employees have not been compensated for their wages in the event of temporary incapacity for work (,,illness”). Now, from the first to the fourteenth day of illness, employees will receive 60 percent of their daily assessment base.

The health insurance scheme from the 15^th day of illness remains unchanged.

Share in a housing cooperative

The Supreme Court ruled in its judgement No. 27 Cdo 51678/2017 of March 2018 in a case concerning the determination of the settlement share of a housing cooperative.

Shareholder Agreements

The association Warwick Legal Network has published a book about the shareholders agreement. It deals with the comparison of the legislation of the shareholders agreement in 17. different states. The book is a result of the collaboration between the members of the Warwick Legal Network, to which our law firm has contributed as a representative of the Czech Republic.