Starting from the beginning of July 2005, the new Work Inspection Act becomes effective. This Act represents a change in the system of inspection activities in the area of labour law. Under this Act, the Labour Offices, which until now have had this activity in their field of responsibility, will retain control of employment and employee protection in the event of employer insolvency. Adherence to other labour law regulations, including safety and protection of health at work, will now be the responsibility of the work inspection offices.
The obligations of the 'work inspection office' will be to oversee adherence to the Labour Code and to regulations related to employees remuneration, safety and protection of health at work, employment of select groups of workers and so on. Subject to inspection will also be collective bargaining agreements, or, more precisely, the fulfilment of individual rights of employees stipulated by legal and internal regulations in accordance with 'Section 21 of the Labour Code', which relates, for example, to extension of 'annual leave above the scope stipulated in the law', 'provision of wage compensation in the event of obstacles at work' etc.
'The new Act' affects employers and their employees not only in the private sector but also in public sector (e.g., municipalities, districts, boroughs etc.). The Act defines the offences of individuals and the administrative torts of legal entities. In the event of a breach of regulations, inspectors are authorised to instil those punishments itemised in the law. A penalty of up to the amount of CZK 2 million can be assessed. The employer has the possibility to appeal the imposed fine, with the pertinent 'labour office' making the final decision.
The activities of the work inspection office also comprise the free-of-charge provision of general information and advice to both employers and employees about protection of work relations and work conditions.
When performing inspections, the inspector is authorised to access the workplace and the building, facility or production premises of the entity being checked and to request the provision of true and complete information about the matters being looked into. The inspector can demand the presentation of necessary documents, drawing up of complete reports, and the provision of information and explanations, all by stipulated deadlines. This relates, for example, to 'employment contracts', 'contracts for work performed outside of an employment relationship', 'agreements on financial liability', maintenance of the personnel and payroll agendas, including the accounting of travel allowances, etc. Inspectors are also authorised to demand the participation of the entities being checked at discussions about the findings of the inspection. Entities being checked are required to let the inspection take place or provide necessary cooperation to allow the uninterrupted and expeditious performance of the inspection.
This information is made available through the European Industrial Relations Observatory (EIRO), as a service to users of the EIROnline database. EIRO is a project of the European Foundation for the Improvement of Living and Working Conditions. However, this information has been neither edited nor approved by the Foundation, which means that it is not responsible for its content and accuracy. This is the responsibility of the EIRO national centre that originated/provided the information. For details see the "About this record" information in this record.