Main employment

The employment relationship is undoubtedly the most important and the most widely used relationship under labour law. The employment relationship is established exclusively by a bilateral legal act between the employer and the employee, specifically by an employment contract, which has its fixed requirements (see Employment contracts), or by appointment pursuant to Section 33(3) of the Labour Code. No other method of establishment is possible. The employment relationship consists of a number of mutual rights and obligations of the employee and the employer. Within the employment relationship, the employee undertakes in particular to perform dependent work during working hours in person and according to the employer’s instruction, and the employer undertakes in particular to assign work to the employee, to pay the employee a wage for the work performed and to create favourable conditions for the performance of the agreed work.

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The employment relationship is established on the date agreed in the employment contract as the date of commencement of work or on the date specified as the appointment date. From the date on which the employment relationship is established, the employer is obliged to assign work to the employee according to the employment contract (of the agreed type and at the agreed location, or according to other conditions agreed in the employment contract), and the employee is obliged to perform the work in person according to the employment contract. It should be noted that the obligations of the employee and the employer arising from the employment relationship are identical for both employees whose employment relationship was established by an employment contract and those whose employment relationship was established by appointment. Under main employment, the employee is obliged to perform work for a weekly working period, which is 40 hours per week (with certain exceptions) in a single-shift system. This refers to net working hours, i.e. without breaks and overtime. For termination of employment, see the Termination of employment section.

For the sake of completeness, it should be noted that there is also secondary employment in addition to main employment. It arises if the employee performs work during the main employment relationship in which he or she is employed for fixed weekly working hours or, exceptionally, in another employment relationship. However, this is only for fewer working hours than the specified weekly working hours, i.e. the employee spends less than forty hours per week performing this activity.

What issues do we typically handle for clients in relation to main employment?

  • Termination of employment by agreement
  • Representation of employers against employees in proceedings to determine the invalidity of termination of employment
  • Notice of termination of employment
  • Obligations of the employer towards employees
  • Rights and obligations in labour relations
  • Severance pay
  • Employment contracts
  • Management contracts
  • Assistance in inspections by the labour inspectorate
  • Discrimination and bullying in the workplace
  • Corporate compliance solutions
  • Validity of the non-competition clause
  • Termination of employment within the probationary period
  • Determining the invalidity of termination of the employment relationship
  • Non-disclosure agreement (NDA)
  • Liability for damage caused by the employee/employer
  • Overtime work
  • Model employment contracts
  • Reward and bonus system