Fiction of an Employment Contract for an Indefinite Term

According to the Section 39 Subsection 5 of the Labor Code, if the employer and the employee agree on an employment law relationship for a fixed term contrary to Subsection 2 to 4 and if the employee notifies the employer, prior to expiry of the agreed term, in writing, that he/she insists on being further employed by the employer, it shall be deemed that the employment law relationship is concluded for an indefinite term. Both the employer and the employee may apply to the court for determination as to whether the preconditions set out in Subsection 2 to 4 above have been fulfilled, not later than within two months of the date when the employment law relationship was to end by expiry of the agreed term.

Change of minimal wage

On the 1st of January 2018 an amendment of government directive No. 567/2006 Coll. will become effective, under which the amount of minimal monthly wage will change from actual amount of CZK 11.000 to amount of CZK 12.200 per month. The basic amount of minimal hourly wage for employees remunerated by hourly-wage, whose set weekly working-hours is 40 hours per week, will newly amount CZK 73,20 instead of CZK 66,00 per hour. In case of employees, whose duration of the full-time weekly working hours is 37,5 hours per week, the minimal hourly wage will newly amount CZK 78,10.

Changes of the procedural rules

From 30 September 2017, an amendment to the Code of Civil Procedure, the Law on Special Judicial Proceedings and the Law on Court fees will come into force. The amendment introduces a number of changes, its purpose is then to reduce the revisions agenda of the Supreme Court.

 The amendment changes e.g. the admissibility of the revision, conditions for the payment of the court fees, the rules for legal aid (with regard to court fees), the fees for revision, etc.

Contradictory description of an apartment in the land register and building permit

The so-called units, i. apartments, studios and other rooms in houses, which can appear as separate items of the property right, are entered into the land register on the basis of the so-called "owner's declaration". This declaration is written by the owner of the house himself and is not controlled by the building authority. Therefore, a contradiction between the declaration and the building permit may arise.

The Supreme Court has recently dealt with the question whether it is possible to transfer the own

Constitutional Court on the nullity of the agreements

In the previous New of our law firm, we presented a
judgment of the Supreme Court in which the Court expressed its opinion that the
contracts are too often declared null and void by the Czech courts. The court
has exhorted that nullity should not be a rule but an exception.

Donation between co-owners

The Supreme Court published on 24 May 2017 the judgment No. 30 Cdo 5799/2016, which contains interesting findings concerning the right of co-ownership of real estate.

Changes in the Field of Occupational Health Services

In the Collection of Laws an amendment to the Act No 373/2011 Coll., on Specific Medical Services, was published. The amendment introduces large changes in the field of medical reports, occupational health services and assessment of occupational diseases, inter alia introduces following changes:

New Evidence of Facultative Compensation

On 23 June 2017, the President of the Republic signed an amendment to the Act No. 435/2004 Coll., on Employment, that introduces changes in the area of fulfilment of the mandatory share of employment of persons with disabilities.

ANNOUNCEMENT

Dear business partners,

We use this opportunity to inform you that our colleague Pavla Cibulková leaves our firm as of 1.7.2017. We thank her for the successful cooperation and we wish her a lot of success in her personal as well as her professional life.  

All matters administered by Ms. Cibulková shall be taken over by Andrea Krásná, partner, whom you can contact anytime. Below are his contact details.

Andrea Krásná

krasna@baroch-sobota.cz

T: +420-224211130                       F:+420-224211131 

Ba

Judicial review of the resolutions of the assembly of the association of unit owners

The Supreme Court in its decision of 15.03.2017, No. 26 Cdo 4567/2016, deals with the question of the review of decisions of the assembly of an association of unit owners pursuant to § 1209 Civil Code.