Working life country profile for Czechia
This profile describes the key characteristics of working life in Czechia. It aims to provide the relevant background information on the structures, institutions and relevant regulations regarding working life.
This includes indicators, data and regulatory systems on the following aspects: actors and institutions, collective and individual employment relations, health and well-being, pay, working time, skills and training, and equality and non-discrimination at work. The profiles are systematically updated every two years.
Legal aspects
Czech law recognises only two types of industrial action: strikes (stávka) and lockouts (výluka). A lockout is, de facto, a counterstrike from the side of the employer in a dispute over the conclusion of a collective agreement.
In addition to these two types, defined in Act No. 2/1991 Coll. on collective bargaining, in practice a strike alert (stávková pohotovost) can be used.
The terms ‘blockade’ (blokáda) or ‘occupation’ (okupační stávka) are not set out in law and therefore these actions do not occur in practice.
Strikes
The right to strike, as a fundamental human right, is guaranteed in the Charter of Fundamental Rights and Freedoms, which forms part of the Constitution of Czechia. Article 27 (section IV) of the charter states that the right to strike is guaranteed in accordance with the conditions laid down by law; this right is not held by judges, members of the armed forces or members of security forces.
The legality of a strike is also limited by Act No. 2/1991 Coll. on collective bargaining, which covers strikes related to collective bargaining. This means that strikes can be divided into two groups.
Strikes related to Act No. 2/1991 Coll. on collective bargaining: These strikes, along with their requirements and their procedures, are precisely regulated by law. A strike, as understood by the act, is a legal instrument to settle collective disputes concerning the negotiation and conclusion of a collective agreement. A dispute on a change to an agreement already in force is also considered a collective dispute if the possibility and extent of the changes have been agreed in a collective agreement. Collective disputes are disputes that do not give rise to entitlements for individual employees. A precondition for a strike, however, is that all regulations set out by the act be observed.
Strikes outside the scope of Act No. 2/1991 Coll. on collective bargaining: There is no law in the legal code to implement Article 27 of the Charter of Fundamental Rights and Freedoms concerning strikes other than strikes addressed in Act No. 2/1991 Coll. on collective bargaining. However, this does not mean that all types of strikes other than those addressed by this act are prohibited – the court decides if a particular strike is legal or not.
Act No. 2/1991 Coll. on collective bargaining also recognises solidarity strikes to support employees striking for the conclusion of a collective agreement.
Lockouts
A lockout is the second type of industrial action covered under Act No. 2/1991 Coll. on collective bargaining (section 27). The definition of a lockout is partial or complete stoppage of work by an employer. The employer may, as a final solution for resolving a dispute about the conclusion of a collective agreement, declare a lockout if an agreement cannot be reached even after proceedings in the presence of a mediator and if the contracting parties do not request an arbitrator to resolve the dispute. The start date of the lockout, its extent, the reasons for it and a list of names of employees to whom the lockout applies must be sent by the employer to the competent trade union body at least three working days in advance. The employer is required to give the employees concerned the same period of notice. The law specifies situations in which a lockout is unlawful. In general, this applies to situations in which a lockout would affect the employees of medical facilities, which might endanger the health or lives of members of the public, as well as lockouts affecting judges or state representatives.
Strikes are relatively rare in Czechia (see the table ‘Developments in industrial action, 2015–2022’). However, strike alerts are used more often, but this type of industrial action is not defined by law. These two forms of industrial action are the most important and most used in practice (particularly as regards strike alerts).
Strikes and strike alerts are regularly monitored by ČMKOS, the largest trade union confederation in Czechia. Data from ČMKOS cover industrial actions within ČMKOS only; aggregate numbers of industrial actions in the whole of Czechia are not available.
Lockouts as a form of industrial action have not been recorded for many years.
Developments in industrial action, 2015–2022
2015 | 2016 | 2017 | 2018 | 2019 | 2020 | 2021 | 2022 | |
| Working days lost per 1,000 employees | n.a. | n.a. | n.a. | n.a. | n.a. | n.a. | n.a. | n.a. |
| Number of strikes (sectoral level/company level) | 0/3 | 0/0 | 0/1 | 0/0 | 0/0 | 0/0 | 0/1 | 0/0 |
| Number of strike alerts (sectoral level/company level) | 0/10 | 0/5 | 0/11 | 1/10 | 0/8 | 0/2 | 0/5 | 0/6 |
Note: There is no legally defined reporting service in this area. The average number of working days lost due to strike per year per 1,000 employees have not been centrally monitored since the mid-1990s.
Source: ČMKOS (2022) (data for ČMKOS members only).
Collective dispute resolution mechanisms
The procedure for resolving collective labour disputes is governed by Act No. 2/1991 Coll. on collective bargaining. The act provides that collective disputes are disputes concerning the conclusion of a collective agreement or disputes about the fulfilment of commitments in a collective agreement (company level or higher level) that do not establish claims for individual employees. The parties to collective disputes are the parties to a collective agreement. Collective disputes, whether concerning the conclusion of a collective agreement or the fulfilment of commitments established by a collective agreement that do not establish claims for individual employees, are resolved in proceedings with a mediator or an arbiter. That means that, among other things, Czechia has only a two-tier concept for the resolution of collective labour disputes (in which conciliation and mediation merge into one).
Individual dispute resolution mechanisms
Disputes between employers and employees about the rights resulting from the employment relationship are usually heard and decided by courts in Czechia. Compared with the court settlement of labour disputes, other procedures such as conciliation, mediation and arbitration are of minor importance in this legal context.
Use of alternative dispute resolution mechanisms
Generally, Czechia has only a two-tier concept with respect to the resolution of collective labour disputes (in which conciliation and mediation are merged). These two possibilities are the only alternative forms of dispute resolution. No labour courts exist in Czechia.
Use of dispute resolution mechanisms, 2015–2022
2015 | 2016 | 2017 | 2018 | 2019 | 2020 | 2021 | 2022 | |
| Collective disputes settled though mediator in terms of concluding HLCA | 0 | 4 | 1 | 3 | 2 | 1 | 1 | 0 |
| Collective disputes settled though arbiter in terms of concluding HLCA | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 |
| Collective disputes settled though mediator in terms of concluding CLCA | 11 | 17 | 16 | 28 | 17 | 18 | 19 | 15 |
| Collective disputes settled though arbiter in terms of concluding CLCA | 1 | 0 | 0 | 0 | 0 | 0 | 0 | 0 |
Source: ČMKOS, 2022 (data are for ČMKOS members only)
