Did you know that every employer is obliged to have employment contracts and other documents proving employment relationships with employees at the workplace? In the event of non-compliance with this obligation, a fine of a minimum amount of CZK 250,000 is threatened.
Act No. 435/2004 Coll., on Employment, as amended (hereinafter referred to as the “Employment Act”) imposes in the provision of Section 136 an obligation on legal persons and natural persons to keep at the place of work copies of documents proving the existence of an employment relationship and documents relating to the employment of foreigners. The State Labour Inspection Office has now issued methodological guidance to ensure uniform procedure in carrying out inspections of illegal employment. The guidance has been binding on all inspectors and other persons involved in inspections since 01.04.2012.
According to the guidance, inspectors and other inspection persons are obliged to assess the non-presentation of documents pursuant to the provision of Section 136 of the Employment Act directly during the inspection and at the workplace as illegal work. Subsequent presentation of these documents no longer has an effect on the assessment of illegal work. Therefore, if the required documents are not immediately presented at the workplace during the inspection in written form or electronic form, they can no longer be submitted subsequently (not even, for example, the next day) and a sanction will be imposed for an administrative offence – enabling the performance of illegal work pursuant to Section 140(1)(c) of the Employment Act in the minimum amount of CZK 250,000. A workplace also means a detached workplace, for example a place of business or a construction site. In such a case, it is necessary for the employee to carry the relevant documents on their person.
This text was translated from Czech to English using an AI translator.