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 one of the most discussed and uncertain changes during the legislative process, namely the changes related to the trial period.
Trial period in general
The trial period is an important institution of labour law that serves as a “trial” period – it allows the employee to get acquainted with the job, the working environment and the team, while giving the employer the opportunity to assess the employee’s skills and suitability for the position.
During the trial period, it is easier and quicker for both parties to terminate the employment relationship immediately without giving a reason.
Trial period so far
The trial period must be agreed in writing when the employment relationship is established – a later agreement to establish or extend the trial period is no longer possible.
At present:
- for ordinary employees, the trial period may not exceed three months
- for senior employees it can be up to six months
- at the same time, the trial period may not exceed half the agreed duration of the employment relationship if it is a fixed-term relationship.
The trial period is extended automatically by law in selected cases, but the current regulation is not entirely clear on some issues.
New rules according to the flexiamendment
Flexiamendment brings several major changes to the area of trial periods, reflecting the need for greater contractual freedom and the adaptation of the labour market to modern requirements.
I. Extension of the maximum length of the trial period
For regular employees, the maximum trial period is extended to four months from the current three months. For senior employees, the maximum possible duration is extended from six to eight months.
The trial period may not exceed half of the agreed duration of the employment relationship if it was concluded for a fixed period, as it is not possible according to the current regulation.
II. Possibility to additionally extend the trial period
Until now, the additional extension of the trial period was expressly prohibited by law. It is now possible to extend the trial period by written agreement between the employee and the employer, but only up to the specified maximum limits. This means that if the trial period has already been agreed within the maximum limits, no extension is possible.
III. Automatic extension due to obstacles
Until now, the trial period has been extended by a full day’s absence from work (e.g. illness, nursing a family member) or taking a full day’s leave.
Flexiamendment brings a clarification – automatic extension of the trial period by working days when the employee:
- didn’t work the whole shift because of obstacles at work,
- took a vacation, or
- had an unexcused absence.
The actual working days on which the shifts should had been performed are now decisive. And the trial periods are extended by the same number of working days.
What do these changes mean in practice?
The changes aim to increase the flexibility of the employment relationship and offer both parties more room for adaptation and verification of the suitability of the employment relationship. Employers get more time to objectively assess a new employee and employees have more space to evaluate whether the job is a good fit.
At the same time, legal certainty is strengthened by making the automatic extension of the trial period explicit in the law – thus avoiding ambiguity and potential disputes between the parties.
Summary
Flexiamendment brings significant changes in employment relations – for example, adjustments to the notice period, extension of the trial period or guaranteeing the return of employees to the same work position.
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.
Ráchel Kouklíková, legal assistant – kouklikova@plegal.cz
Mgr. Nikola Tomíčková, junior lawyer – tomickova@plegal.cz
Mgr. Jakub Málek, managing partner – malek@plegal.cz
7. 5. 2025