While employers are getting used to the changes effective from August 2023, legislation isn’t resting.
A new extensive amendment to the Labour Code, informally referred to as the Flexi Amendment, is on the table. It introduces a number of important changes aiming at greater flexibility – in employment relationships, working time arrangements, and agreement options.
👉 Important note upfront: The Flexi Amendment has not yet been approved, but it is expected to take effect in the second month following its publication in the Collection of Laws. The exact date is still unknown.
For employers who want to stay prepared, here’s a summary of key changes and their practical impacts:
1. Self-scheduling of Working Time: Flexibility with Rules
One of the most visible changes appears in the new Section 87a of the Labour Code. The amendment allows employees – based on a written agreement with the employer – to schedule their own working hours, not only when working from home but also on-site.
What does this mean in practice?
- Employees can choose when to start and end their workday.
- The length of a single shift must not exceed 12 hours.
- The schedule must be known in advance – usually at least one week ahead.
- Employees must keep records of their working time (e.g. in an attendance system).
- Rest periods, breaks, and the ban on overtime without employer consent still apply.
⚠️ Note: This is not an entitlement. Self-scheduling is only possible based on agreement, and only where it makes sense.
2. Probation Period up to 4/8 Months + Option for Extension
Until now, the probation period was limited to 3 months (or 6 months for managerial staff). The Flexi Amendment proposes an extension:
- Regular employees: up to 4 months
- Managers: up to 8 months
It will newly be possible to extend the already agreed probation period in writing, during its course – for instance, if work was interrupted due to leave, obstacles, or unexcused absence.
Practical impact:
- Strengthens contractual freedom between parties
- Allows employers to better “test” new employees in demanding roles
- Increases the importance of proper HR documentation – who, when, why, and for how long an extension was granted
➡️ If a regular employee becomes a manager during the probation period, the period can be extended (again by agreement) up to 8 months.
3. Fixed-term Contracts – More Flexibility for Parental Substitutes
The current “3×3 rule” (max. 3 years, max. 3 renewals) remains in place, but the amendment introduces an important exception:
For replacements of employees on maternity, paternity, or parental leave, or leave under §217 para. 5 of the Labour Code (i.e., post-maternity leave), it will be possible to agree on repeated fixed-term contracts without a limit on the number of renewals.
However, the total duration of such employment relationships must not exceed 9 years.
Why is this important?
- Enables employers to fill roles flexibly based on actual return of parents from leave
- Reduces the need to terminate and re-establish contracts for formal reasons
4. Return from Parental Leave: Clearer Employee Protection
The amendment clarifies Section 47 of the Labour Code. Employers will be obliged to reinstate the employee to their original position and workplace if they return from parental leave before the child reaches 2 years of age.
What is “original work”?
- The specific type of work stated in the contract (e.g., “payroll accountant,” not “accounting work”)
- At the same workplace – if this is not possible (e.g., department no longer exists), the employer must offer a suitable role in line with the employment contract
➡️ Employers will need to define job descriptions more precisely and communicate transparently with employees on parental leave.
5. New Start of Notice Period: Shortened by Several Weeks
Under the proposed change, the notice period will start on the date the notice is delivered, not from the 1st day of the following month.
Practical impact:
- Speeds up termination of employment
- Notice period could end 2–3 weeks earlier
- Both employers and employees will need to plan exits more precisely
➡️ Example: Notice delivered on 17 June → notice period ends on 17 August (previously it would end on 31 August).
6. DPP and DPČ: New Rules for Records, Insurance, and Taxation
The amendment changes parameters for Agreements on Work Performed Outside Employment (DPP) and Agreements on Work Activity (DPČ):
- Sickness insurance for DPP arises when earnings exceed CZK 11,500/month (25% of average wage)
- For DPČ, the limit remains CZK 4,500
- The planned “registered agreement” regime is abolished, but record-keeping for DPPs remains mandatory
Tax changes:
- Income under the limit will be taxed using a withholding tax
- Income above the limit will switch to advance tax (no tax relief unless the tax declaration is signed)
➡️ These changes affect payroll calculations, wage costs, reporting, and payroll accounting. It is recommended to review payroll systems and train payroll staff.
7. Work for Minors
Youth from age 14 will be allowed to perform light work during summer holidays. Many will welcome this as a chance to:
- Develop healthy work habits
- Learn the value of work
- Earn money and learn to manage it
Examples of acceptable light work:
- Camp counselors and animators
- Hospitality work (excluding sale of alcohol or cigarettes)
- Basic admin work
- Delivery services
- Car washing
- Cinema attendants
- Private tutoring
- Housekeeping
- Multimedia design/graphic work, etc.
8. Shortened Notice Period in Certain Cases
The notice period is shortened to one month when dismissal is due to:
- Violation of work discipline by the employee
- Employee’s failure to meet legal or employer requirements for the job
It also applies if employment is terminated due to long-term health incapacity resulting from:
- Occupational injury
- Occupational disease
- Risk of such disease
In these cases, the employee will newly receive a special compensation paid from employer liability insurance. The amount will equal the current severance pay – 12 times the average monthly earnings.
📅 When will the amendment take effect?
The Flexi Amendment is currently in the legislative process. If approved, it is expected to become effective two months after publication in the Collection of Laws.
However, employers are advised to follow the golden rule: It pays more to be prepared than to react at the last minute.
✅ What can you do now?
- Map who will be affected (e.g., contractors, parents on parental leave, managers)
- Prepare draft updates of employment contracts, internal policies, and agreements
- Inform managers, HR, and payroll staff about the upcoming changes
- Monitor legislative developments – so you know when it really takes effect
At Intras Consulting, we’re ready to support you with these changes – whether through consulting, templates, or training.
👉 Follow our profile for more updates and feel free to contact us to learn how these changes affect your company specifically.