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In brief

On 17 May 2020, after more than 2 months, the state of emergency declared due to the COVID-19 outbreak in the Czech Republic on 12 March 2020, finally ended. This alert summarizes the most important consequences for your employees.


Contents

Medical checks

During the state of emergency, employment relationships were able to commence without an employee having an entry medical check. It was possible to substitute the entry medical check for an affidavit by the employee. This affidavit remains valid after the end of the state of emergency for 90 days in case of employees performing a job in categories 1 and 2, and for 30 days in case of employees performing a job in category 2 with risk, and categories 3 and 4. The employer must arrange for a medical check of new hires within the above deadlines.

The validity of periodical and extraordinary medical checks that expired during the state of emergency is be prolonged by 90 days from the day following the end of the state of emergency if the conclusion of the check was that the employee is fit for work, and by 30 days if the conclusion of the check was that the employee is fit for work with certain limitations. The employer must arrange for a new periodical or extraordinary medical check within the above deadlines.

Immigration permits

Foreign nationals whose immigration permit expired during the state of emergency and who do not wish to prolong their stay have 60 days, i.e. until 16 July 2020, to leave the Czech Republic. Similar rules apply to foreign nationals whose immigration permits will expire within 60 days after the end of the state of emergency.

Foreign nationals whose immigration permit expired during the state of emergency or within 60 days after its end and who wish to prolong their stay should file the application for prolongation within the statutory deadlines. If a foreign national missed a deadline for filing the application for prolongation, the authorities should generally accept the state of emergency as a valid excuse and process the application as if filed on time. On the contrary, should a foreign national miss a deadline after 17 May 2020, he/she will have to specify the reasons that prevented him/her from timely filing and provide proof thereof.

In case an employment relationship of an Employee Card holder terminated during the state of emergency or within 60 days preceding the declaration thereof, such foreign national will have an additional 60 days after the end of the state of emergency to find a new employer and change the Employee Card accordingly. With respect to changes to Employee Cards, foreign nationals are no longer allowed to change their employer within the first 6 months of their employment based on the Employee Cards, which was permissible during the state of emergency.

With respect to the procedural rules, the Ministry of the Interior highly encourages filing of applications by post and the reduction of personal appointments.

Covering of mouth and nose

In general, employees are still obliged to cover their mouth and nose when outside their homes. However, as of 19 May 2020, employees working in an office do not have to cover their mouth and nose at work, provided they keep a distance of at least 2 meters from co-workers. Similarly, this obligation no longer applies to employees working in categories 3 and 4 in a hot environment.

What remains unchanged?

Employers continue to be obliged to excuse the absence of employees taking care of children under 13 years of age (or disabled children without limitation of age) due to the fact that schools are closed. The schools will start reopening in a limited regime on 25th May 2020, however, employees are allowed to continue to take care of their children at home if they cannot send children to school due to objective reasons, such as (i) the health of the child or a family member, (ii) insufficient capacity of schools, or (iii) shorter operation hours of school groups.

Currently applicable limitations related to travel abroad remain unchanged.

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Author

Martin Hrodek is the managing partner of the Firm’s Prague office, where he also heads the Dispute Resolution Practice Group. He is consistently ranked as a leading dispute lawyer in the Czech Republic by Chambers & Partners. In addition to his practice, Mr. Hrodek authored a section on Czech merger control regulations in The Global Merger Notification Handbook and has published several articles on the rights of minority shareholders and dispute resolution in major Czech periodicals, including Hosdoparske noviny and Ekonom.

Author

Zuzana Ferianc practices mainly in the areas of employment and labor law, restructuring and corporate governance and mergers & acquisitions. She earned her Master’s Degree in Commercial Law at the Economics University in 2002, and her Master’s Degree in Law at the Law Faculty of Charles University in 2004.

Author

Jana Turečková is a member of the Employment & Compensation and Dispute Resolution practice groups in Prague. She focuses on labor law and represents clients in court proceedings and arbitrations.