Employers sometimes try to ‘sneak’ various questionable clauses into employment contracts – for example, fewer weeks’ holiday, unpaid overtime, waiving of public holidays or longer probationary periods. The first part of the series on employment law answers questions about what to look out for when entering into an employment relationship and how to avoid finding yourself in ‘legal bondage’. “Unfortunately, such provisions are by no means unusual, and employees sometimes effectively commit themselves to servitude,” says Nataša Randlová, a lawyer specialising in employment law.
However, employees are not defenceless against these pitfalls; the Labour Code is the decisive factor. “It guarantees employees a certain minimum standard of rights,” says lawyer Vojtěch Steininger. An employment contract must not fall below this statutory minimum standard. Should this nevertheless happen, the relevant agreement is void, and in some cases the employer even risks heavy fines from the labour inspectorate. “If your contract only specifies two weeks’ holiday per calendar year, you are still entitled to the statutory minimum standard, which is four weeks,” adds Steininger.
Don’t let yourself be taken for a ride
People are often reluctant to challenge unfair terms. The first step should be to try to reach an agreement with the employer. If this is not possible, you can contact a trade union, seek legal advice and, if necessary, take the matter to court. “Some employers take advantage of the fact that legal proceedings are expensive and many people cannot afford them,” notes Nataša Randlová. Even clear-cut cases can take several years in court.