Employee sharing

Czechia
Phase: Anticipation
Тип:
  • response to COVID-19
  • Employment incentive
  • Fostering mobility
  • Matching/Networking
  • Territorial coordination
Last modified: 03 August, 2021
Име (на собств. език):

Dočasné přidělení zaměstnance k jinému zaměstnavateli

Име на английски:

Employee sharing

Coverage/Eligibility

Agreements on the temporary assignment of employees can be made with employees (regardless of the type of employment contract) who have been working for their employer for more than six months.

Main characteristics

The temporary assignment of employees from one employer ('assigning employer') to another ('receiving employer') has been regulated by section 43a (Act No. 262/2006 Coll.) of the labour code since 2012. According to the provisions in the labour code, a written agreement for the temporary assignment of employees has to be concluded between the employee and the employer. If compared to temporary assignment through employment agencies, the measure presents two main differences:

  • it is not subject to the payment to employment agencies
  • it cannot be applied during the first six months of an employment relationship.

Employers can use the instrument without any external authorisation, provided that the employee agrees, another employer is interested and the procedures comply with the conditions set in the labour code. As a general rule, the temporarily assigned employee must be provided with the same (or better) salary conditions as an actual or potential comparable employee of the receiving employer (but these salary conditions could differ and even be lower than the ones offered by the assigning employer).

During the temporary assignment, the assigned employee continues to be covered by the employment relationship with the assigning employer and the same happens in terms of insurance. The character of the employment relationship remains unchanged also in what concerns the number of hours per week.

The employee’s salary, as well as any travel expenses, are paid to the employee by the assigning employer, who is then reimbursed by the receiving employer. During this period, the employee can be dismissed solely by the assigning employer, who would need to pay a severance pay and comply with all the conditions established by the labour code. 

Response to COVID-19

The employee sharing programme may also be useful during the COVID-19 pandemic, as in this period there are companies that may lack employees (for example due to quarantine or taking care of their family members) and would welcome assistance of employees coming from other companies, that, for instance, are not able to organise work process due to state and market restrictions. The Czech Chamber of Commerce has created the tool 'Save jobs' that will support the matching of companies in employee demand and supply. 

Funding

  • Employer
  • Social partners (jointly)

Involved actors

Employer or employee organisations
Czech Chamber of Commerce
Други
Inspectors of the state labour inspection office (monitoring and control role).

Effectiveness

No information available.

Strengths

The main advantage of this form of employment lies in the opportunity to fully utilise the labour force in the labour market, especially in times of business decline or restructuring. The application of this measure is based on the formal contract between two or more employers and on the consent of the assigned employees and is not administratively demanding. The measure increases job protection and, to some extent, the flexibility of businesses in times of crisis, preventing employers from losing qualified workers.

Weaknesses

According to the Research Institute for Labour and Social Affairs (RILSA), the implementation of the measure should be accompanied by sufficient monitoring and inspection mechanisms to prevent instances of abuse, such as using the measure as a cheaper alternative to temporary employee assignment through employment agencies.

Examples

No information available.
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