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 episode we take a closer look at one of the changes that will be most appreciated by minors who want to earn extra money during the summer.
Work of minors so far
Previously, minors under 18 years of age who wanted to perform dependent work as an employee not only had to be 15 years of age but also had to have completed compulsory schooling, i.e. completed primary school.
Consequently, the Labour Code places several restrictions on the work of minors. For example, the employer is obliged to create favorable conditions for the all-round development of the physical and mental abilities of juvenile employees. Overtime and night work are also prohibited for minors, with the exception of night work where the minor employee has already reached the age of 16 and performs night work not exceeding one hour, if this is necessary for minors’ education for the profession, and under the supervision of an employee over 18 years of age, if such supervision is necessary for the protection of the minor employee. Night work means any work carried out between 22:00 in the evening and 06:00 in the morning.
As regards other restrictions on the types of work for minors, the Labour Code generally provides that it is prohibited for minors to perform work which, in view of their anatomical, physiological and psychological peculiarities at that age, is unreasonable, dangerous or harmful to their health. This general provision is implemented by Decree No. 180/2015 Coll.,[1] which specifies in more detail which specific works are prohibited and also provides for exceptions where, despite this, juvenile employees may perform such works if they are preparing for a profession and are under constant supervision. Similarly, under-age employees cannot enter into a so-called material responsibility agreement, whereby the employee assumes responsibility for the values entrusted to him/her (especially goods or funds)
The flexiamendment does not modify these rules, which employers must respect for juvenile employees. However, the flexiamendment does change who is considered a juvenile employee and therefore who will now be able to perform dependent work.
News by flexiamendment
The new flexicurity law also allows dependent work to be performed by minors who have not yet completed compulsory schooling or have not yet reached the age of 15 but have reached at least 14 years of age.
The flexiamendment only allows this new group of minors to work during the main holiday periods (i.e. mainly July and August, but some days in June and September may also be included) and stipulates the consent of the legal guardians, usually the parents, as a condition. Another condition is that a juvenile worker’s shift must not exceed 7 hours and that the total number of hours worked per week must not exceed 35.
Dependent work of these minors can only be performed in the form of agreements on work performed outside the employment relationship, i.e. only on the basis of a concluded agreement on work activity or agreement on work performance. It will not be possible for a minor who has not completed compulsory schooling or has not reached the age of 15 to conclude a standard employment contract.
What do these changes mean in practice?
In practice, these changes are certainly welcome. In our view, the legislator has managed to balance the interest in protecting minors with the interest of minors in gainful employment. Primary school pupils who have already turned 14 will now be able to work during the summer holidays on the basis of a work performance agreement or a work activity agreement and not only earn money for their personal needs, but also gain valuable work experience for their future professional life. Nor can it be overlooked that future full-time employers will certainly appreciate it if they see that a jobseeker is used to working and has done so as early as possible.
However, it is necessary to bear in mind not only the restrictions newly imposed by the flexiamendment on the work of minors, but also the other restrictions set out in the Labour Code. For minors in primary school, it would seem that working in a café or cinema, for example, would be a suitable “summer job”. The explanatory memorandum to the flexiamendment provides a useful guide to suitable and unsuitable work for minors.
In practice, moreover, it is often in the summer months that seasonal businesses experience a sub-state where employers have difficulty finding temporary workers, especially in smaller towns. The flexiamendment could therefore also bring this positive impact into practice, as employers will be able to find seasonal temporary workers this summer, even among teenagers who are under 15 or have not yet completed compulsory schooling.
Summary
The flexiamendment brings significant changes in employment relations, and in this article we have focused on the changes affecting juvenile employees. We feel that this new legislation is sensitive to the need for both workforce and employment protection for minors. The summer months will show to what extent employers will take advantage of this news.
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.
[1]Decree No 180/2015 Coll., on work and workplaces prohibited to pregnant workers, workers who are breastfeeding and female workers until the end of the ninth month after childbirth, on work and workplaces prohibited to juvenile workers and on the conditions under which juvenile workers may exceptionally perform such work for the purpose of preparing for their profession (Decree on prohibited work and workplaces)
Mgr. Karel Janeba, junior lawyer – janeba@plegal.cz
Mgr. Nikola Tomíčková, junior lawyer – tomickova@plegal.cz
Mgr. Jakub Málek, managing partner – malek@plegal.cz
30. 5. 2025