Dilci novorocni zmeny nejen ve vztahu k pracovnimu pravu

Partial New Year's amendments (not only) in relation to the labour law

On 1 January 2023, various legal regulations impacting (not only) the area of labour law became effective (in addition to the increased minimum salary rate, selected levels of guaranteed salary and the travel allowance rate, which we wrote about in our alert HERE), specifically the following amendments were adopted.

Abolition of periodic medical examinations for non-hazardous work

The Ministry of Health has abolished the legal obligation for employers to provide periodic medical examinations with respect to the first and second category of work, i.e., typically the administrative work. In case of the second hazardous, third and fourth category of work, the period within which the employer is obliged to provide the examination has been extended from one to three years.

The employer may determine, or the occupational health service provider may require, a periodic medical examination also for employees in the first or second category of work, particularly in view of the nature of the work and the presence of risk factors. In such cases, the frequency of examinations shall be determined by the employer in agreement with the occupational health service provider.

The employer is still obliged to provide initial medical examinations to all employees before the employment relationship is established, regardless of the category of work to which their work is classified.

Adjustment of the calculation of the non-confiscatable amount

The Government's regulation modified the method of determining the basic amount that may not be deducted from the monthly salary of the obliged person, the so-called non-confiscatable amount. As of 1 January 2023, the basic amount is equal to the sum of two-thirds (instead of the previous three-quarters) of the sum of the individual's amount of the living minimum and the amount of the normative cost of living for one or two persons per obliged person and one-quarter of the non-confiscatable amount for each person to whom the obliged person is obliged to provide alimony.

For the spouse of the obliged person and for the child whom the spouses jointly support, one quarter of the non-confiscatable amount (as opposed to the original one third) shall be set-off.

The regulation further reduced the amount above which the remainder of the net salary is deducted without limitation, from two times to one and a half times the sum of amount of the living minimum for the individual and the amount of the normative cost of living for one or two persons.

Increased average earnings in the event of loss of earnings

The Government has also regulated the amount of average earnings for the calculation of compensation for loss of earnings following incapacity for work caused by an accident at work or occupational disease. The amount of the average earnings is increased by 5.1%.

The amount of the average earnings relevant for the calculation of compensation for maintenance costs for bereaves was adjusted in the same way. In this case, the average earnings are also increased by 5,1%.

The employee or the bereaves are entitled to the increase of the average earnings if the right to compensation for loss of earnings or compensation for maintenance has arisen by 31 December 2022.

We keep monitoring further developments in the area of employment law and will keep you informed. If you would like more detailed information, please contact the authors of this article or other members of EY Law or the EY team with whom you work.

Authors:

Kateřina Suchanová

Hana Gutová