Non-use of clothing determined by employer

The Supreme Court of the Czech Republic recently issued a judgement (as of July 25^th, 2015, Reference Number 21 Cdo 2930/2014), in which it dealt with a question if non-use of clothing determined by employer can be considered as breach of a duty arising out of the legal regulations applicable to the work performed by the employee.

In case working clothes do not form a part of personal protective equipment, the employee is according to the legal regulations not obliged to use clothes determined by the employer at work. Such obligation cannot be determined even in Working Rules as Working Rules cannot determine any new obligations of employees.

If the employee does not use working clothes determined by the employer, it is not a breach of a duty arising out of the legal regulations applicable to the work performed by the employee and the employer is not allowed to give a notice to the employee according to § 52 letter g) of Labour Code.

In case that an employment contract or an instruction of a superior senior employee determines the obligation to use working clothes, it can be considered as a requirement of the employer on proper performance of work by the employee, whose breach can be considered as a reason for a notice according to § 52 letter f) of Labour Code.