11 current changes in labor law
The field of labor law has undergone several fundamental changes. In this article, we have written 11 of them for you, about which you can read more.
1. Introduction of a financial contribution as an alternative to meal voucher
An employer who does not provide meals in his own or supplier catering facility will be obliged to allow employees to choose between the provision of meal voucher and a financial contribution for meals. The choice is solely up to the employee and the employer is obliged to respect this choice. The financial contribution will be part of the employee's net salary. The amount of the financial contribution for meals is at least 55% of the minimum value of the meal voucher (3.83€) = 2.11 EUR, but no more than 55% of the meal provided for a business trip before 12 noon. (5.10€) = 2.81 EUR.
2. The definition of domestic work and teleworking is clarified
Domestic work is work that is performed regularly, from the employee's household, within the scope of the established working hours or part thereof. The Labor Code defines "Household" as an agreed place of work outside the employer's workplace. It does not have to be just the employee's residence. This means that the regularity of domestic work and telework is important. Working from home during a curfew is therefore not domestic work.
The employee will have the right to disconnect if he is not ordered to work on call or work overtime.
In the case of domestic work and telework, the employer is obliged to reimburse the employee for demonstrably increased expenses associated with the use of his own tools, equipment and other items necessary for the performance of work.
The employer is obliged to provide and maintain the hardware and software necessary for the performance of work and also to ensure data protection.
3. New reason for termination from 01.01.2022 - age 65 years
The employer will be able to resign even if the employee reaches the age of 65 and at the same time the age for entitlement to a retirement pension. The employee will be entitled to severance pay.
4. Employment of minors
Children older than 15 years with incomplete compulsory schooling will be able to perform light work with a permit from the labor inspectorate.
5. Addition of the definition of an employee permanently caring for a child from 01.01.2022
An employee who takes permanent care of a child is an employee who personally takes care of:
- own minor child, including alternating personal care, or
- a minor child entrusted to his or her care by a court.
This status arises for the employee on the day he notifies the employer in writing. Although such an employee has not cared for a child for a whole year, his leave is increased proportionately.
6. Trial period
The probationary period is extended only by the time of all-day obstacles at work on the part of the employee. If e. g. the visit to the doctor lasts only part of the change, the trial period will not be extended.
7. More flexible allocation of employees in the group
When assigning an employee within a group, the condition of objective operational reasons or the condition of the employment relationship with the assigned employee for at least three months may not be met.
8. Student brigades even after graduating from high school and first grade of university
The student will have the status of a student for the purpose of concluding an agreement on temporary work of students until 31 October of the year when he / she completed his / her studies at a secondary school or university of the first degree. The student will have to provide proof of proper completion of studies.
9. The activity of the trade union at the employer
A trade union may represent employees at the employer's workplace, provided that there are members of that trade union among the employed employees. In case of doubt as to whether there are members of a trade union among the employees, the arbitrator, who is obliged to decide within 30 days, is competent to resolve this dispute.
10. Taxation of 13th and 14th wages
From 2021, the 13th and 14th wages will no longer be exempt from income tax and social and health insurance contributions.
11. Extension of a definite period
During the emergency situation associated with the COVID-19 pandemic, it is possible to extend a fixed-term employment relationship by one year, although it has been extended. In total, a fixed-term employment relationship may not exceed three years.
If you have any questions or requirements, do not hesitate to contact the professional team of the law firm VGD Legal s.r.o., who will be happy to advise you in the given area. You can find more useful information on our website, Facebook and LinkedIne.