WHAT AM I ENTITLED TO AS A LEGAL EMPLOYEE?

The employer does not want to pay me the agreed remuneration, or pays less. What shall I do with this?

If you have not been paid your salary within the proper deadline set by your employer, follow these steps:

• ask the employer in a written form to pay the amount due with a specified due date,

•  you have the option to immediately terminate the employment relationship in the case of non-payment of wages after the fifteenth day after the expiry of its maturity period,

• you can submit an initiative for inspection by the labour inspectorate,

• you can apply to the competent court regarding the amount due,

• you can contact the employment office in case of insolvency of the employer (link to the web: www.uradprace.cz).

Is there a fixed minimum wage? What is its amount? What is a guaranteed salary?

1. Yes, there is a set minimum wage in the Czech Republic, which also applies to workers from third countries. You can find more information about the minimum wage in a government regulation HERE.

2. The guaranteed wage represents the lowest set wage for work according to a specific type of work, while it is divided into groups according to the complexity, responsibility and effort of work. The lowest level of the guaranteed wage must not be lower than the minimum wage. The amount of the guaranteed wage can be found HERE.

Am I entitled to leave/vacation as an employee?

If you work on the basis of an employment contract for the entire calendar year, you are entitled to vacation for a minimum of 4 weeks in the calendar year. If you do not work for the same employer continuously for one year, your entitlement to leave is reduced accordingly. During the period of vacation, you receive a salary in the amount of average earnings. The dates of leave are determined or approved by the employer.

Can I quit my employer overnight?

1. If you are still in the probationary period, you may terminate your employment in writing during the probationary period. In such a case, the employment relationship will end on the date of delivery of the notice of termination to the employer, unless a later date is specified in the notice.

2. If you are no longer in the probationary period or if you do not agree in writing with your employer to terminate the employment relationship by agreement, you may only terminate the employment relationship immediately if:

• according to a medical assessment, you may no longer perform the work without seriously endangering your health and the employer has not allowed you to perform other work suitable for you within 15 days from the date of submission of this assessment, or

• the employer has not paid you a wage or salary or a refund of wages gor salary or any of their parts within 15 days after the expiry of the due date.

Am I protected by the notice period?

1. If you are in employment, the statutory notice period is at least two months and starts on the first day of the calendar month following receipt of the notice and ends on the last day of the relevant calendar month.

2. In the case of an agreement to perform work or an agreement to perform activity, the notice period is 15 days.

3. However, under certain conditions (breach of the employee's duties, etc.), the employment relationship can be terminated immediately without notice.

Am I entitled to free healthcare?

If you have commercial health insurance (more information on the obligation to have health insurance in the question "Do I have to have health insurance?") or you are registered in the public health insurance system (e.g. due to legal employment or permanent residence), you are entitled to the necessary medical procedures, medicine and medical supplies free of charge. However, for some medications and procedures, the patients pay extra, some they pay in full. Keep in mind, however, that commercial health insurance does not usually cover all medical procedures, does not apply to all health care providers, and is not equivalent to public health insurance.

More information about health insurance conditions: Occupational safety and health (OSH), health care and foreigners, question „What about health insurance?“

Can I draw sick pay?

If you are temporarily unable to do your job, you are entitled to so called sick pay. Anyone who intentionally caused his/her temporary incapacity for work is not entitled to benefits. The employer cannot give you a notice during your illness.

Temporary incapacity for work must be certified by a doctor, it is not enough just to say you are ill.

What does social security mean in the Czech Republic? Am I entitled to it?

1. Social security is state monetary support for the payers of social security contributions. It includes pension insurance premiums, sickness insurance premiums and contributions to the state employment policy.

2. Yes, you are entitled to social security if certain conditions are met. More information HERE.

Am I entitled to social and legal counseling, courses?

If you need advice in connection with your stay in the Czech Republic, e.g. regarding health care, the labour market, or use the help of a lawyer, you can use professional social or legal advice offered by organizations dealing with foreigners - an overview is HERE. For the territory of the capital city of Prague, there is a portal icpraha.com, which provides legal advice services for foreigners, as well as other services. Services are usually free of charge for foreigners from third countries.

Do I have to take an adaptation and integration course?

No, this applies only to non-EU citizens who are not family members of an EU national.

Am I entitled to state social assistance benefits (child benefit, parental allowance, housing benefit, birth grant, funeral grant, etc.)?

Entitlement to benefits is granted to:

1. a person who is a permanent resident of the Czech Republic, if he/she is also domiciled in the territory (including EU citizens),

2. foreigners reporting to reside in the territory of the Czech Republic after 365 days from the date of reporting to reside in the Czech Republic (incl. EU citizens),

3. foreigners under 1 year of age, born in the Czech Republic and reporting to reside in the Czech Republic,

4. foreigners who hold a permanent residence permit with the legal status of long-term resident in the EU in the territory of another EU Member State and who have been issued a long-term residence permit in the Czech Republic as a resident of another EU Member State, and their family members,

5. foreigners who have been issued a long-term residence permit in the territory of the Czech Republic for the purpose of performing employment requiring high qualifications,

6. foreigners who have been issued an employment card,

7. and other groups listed in the Act on State Social Support.
   if they are resident in the territory of the Czech Republic.
   
   The person is domiciled in the Czech Republic, especially if he or she has been here for a long time, is gainfully employed here, lives here with his or her family, attends compulsory school here or systematically prepares for a future profession here, or if there are other significant reasons, interests or activities, the interconnectedness of which demonstrates the person's ties to the Czech Republic.

8. In addition, citizens of the European Union and their close family members who are covered by directly applicable EU legislation - Regulation (EC) No 883/2004 of the European Parliament and of the Council of 29 April 2004 and Regulation (EU) No 492/2011 of the European Parliament and of the Council - are entitled to state social assistance benefits.

9. Applications for state social support benefits are submitted to the regional branch of the Labour Office of the Czech Republic according to the place of residence of the person who is entitled to the benefit, i.e. the beneficiary (web link HERE).