The long-discussed so-called flexiamendment, which amends the Labour Code and other legislation, brings a number of important changes in the field of labour relations. With effect from 1 June 2025, the changes and novelties will affect many areas and institutes of employment law, an overview of which you can also find basic information in our information leaflet.
We have also prepared a series of articles on the individual changes that flexiamendment brings and in this part we will take a closer look at the changes that affect parents and children, respectively the care of children.
Parenthood in labour law
Parenthood is regulated in the Labour Code as an important area of employee protection, reflecting the need to reconcile work and family life. The Labour Code provides parents with a number of legal tools, such as maternity, paternity and parental leave, shorter working hours and teleworking. Flexiamendment further extends these institutions and strengthens the legal security of employee-parents.
Fixed-term employment for so-called deputies
Previously fixed-term employment could be concluded between the same parties for a maximum of 3 years in any one period and could be repeated no more than twice (i.e. a maximum of 3 years + 3 years + 3 years). Exceptions were made for specific cases, but these did not include deputies.
It will now be possible to conclude and extend the fixed-term employment relationship repeatedly if it is a substitute for an employee on maternity, parental, paternity or leave taken pursuant to Section 217(5) of the Labour Code. The only restriction remains the total duration of such employment relationship, which may not exceed 9 years in total.
The key will be to correctly state the reason in the employment contract, i.e. that it is indeed a deputy.
This measure will also be applicable to the workforce that works for the employer before the flexiamendment comes into force.
Return to work after parental leave
According to the Labour Code, an employee is entitled to return to its original job and workplace after maternity leave (not parental leave). After parental leave, the employer is only obliged to assign the employee to a job corresponding to the employment contract, but not necessarily the same one.
The flexiamendment of the Labour Code, effective from 1 June, changes this regulation and now guarantees employees who return from parental leave before their child reaches the age of two the right to be assigned to their original job and workplace. This change extends the existing right, which applied only to return after maternity leave or parental leave, to the extent of the period for which the employee is entitled to take maternity leave.
The aim is to encourage parents to return to work earlier and to facilitate the reconciliation of work and family life
Working on parental leave in and outside the employment relationship
Until now, the law did not allow an employee taking parental leave to perform the same type of work for his employer through one of the agreements outside the employment relationship. This was a limitation of flexibility for both the employee and the employer.
Flexiamendment brings a change that will allow an employee on parental leave to perform the same kind of work as agreed in the employment contract with the same employer, just on the basis of an agreement on working outside the employment relationship.
Business trips and childcare
The employer has the right to send the employee on a business trip outside the agreed place of work in agreement with the employee. Pregnant employees and employees caring for a child may be sent on a business trip outside the area of their place of work or residence only with their consent.
Until now, this increased protection has applied to parents caring for a child under the age of 8. The Flexiamendment of the Labour Code amends Section 240(1) of the Labour Code by raising the age limit of the child to 9 years. The practical impact of this provision is in cases where the employer has already obtained the employee’s general consent to travel for work pursuant to Section 42 of the Labour Code, but only then has the situation provided for in Section 240(1) of the Labour Code arisen. Therefore, the employer now needs consent for a business trip outside the employee’s place of work or residence up to the age of 9 years for a child in the employee’s care.
What will the changes bring in practice?
In practice, these changes bring greater security and flexibility for employees caring for a child. Employees will be able to return to their original job after parental leave if their child has not yet reached the age of two, making it much easier to return to work.
At the same time, they will be able to work for the same employer on an agreement for the same type of work during their parental leave, allowing them to remain professionally active and earn extra money without having to look for another employer.
In addition, strengthening protection for work trips up to the age of nine will help to better balance work and family life.
Finally, employers will also gain more leeway, as the extension of fixed-term employment relationships for deputies will now be simpler and clearer, making it easier to cover long-term absences.
Summary
The flexiamendment brings significant changes in employment relations – for example, modification of the notice period, extension of the trial period or abolition of compulsory initial occupational health examinations.
If you have any questions regarding the flexible amendment to the Labour Code or labour law in general, please do not hesitate to contact us.
Tereza Hrudková, legal assistant – hrudkova@plegal.cz
Mgr. Nikola Tomíčková, junior lawyer – tomickova@plegal.cz
Mgr. Jakub Málek, managing partner – malek@plegal.cz
12. 5. 2025