In most cases, the employment relationship is based on a contract of employment. The emergence of an employment relationship by appointment is an extraordinary way that results from the choice of the competent authority.
As mentioned above, employers and employees are participants in individual employment relationships. Employers may be a person (natural person) or a legal person. If the employer is a natural person, the ability of a natural person to have rights and obligations in employment relationships as an employer, i.e. a legal person, is made by birth. The legal person acting as an employer may be a natural person who is right. Co-legitimacy arises from reaching the age of 18 or marrying. More often, however, the employer is a legal entity, especially a business corporation. Employers may also be the Czech Republic itself as a state. In this case, the relevant organizational component is the state.
Employee can only be a person a natural person who has a legal personality and authority, and who gets 15 years of age. Persons under the age of 15 and those who have not completed compulsory schooling may perform artistic, cultural, sporting or advertising activities under the conditions laid down in the Employment Act.
The employer is not limited in how he chooses his employee, it is the employer’s internal affair. However, in relation to the Charter of Fundamental Rights and Freedoms, it is not possible to deny a person the right to employment on grounds of race, color, gender, sexual orientation, language, religion, political opinion, membership of political movements, trade unions and other associations, state of health, marital status. The employer is entitled to require from the employee only data that are directly related to the conclusion of the employment contract before the employment. The Labor Code lists the information that is of a personal nature and is not directly related to the performance of the job and the employment relationship and therefore its employer cannot require information:
- Family and property affairs
- Sexual orientation
- membership in a trade union organization
- membership in political parties or movements
- accessories to the church or to religious societies
- Criminal Integrity
Employer cannot obtain this information even from third parties. The only case when the employer may require this information is if it is based on the nature of the work to be performed. On the other hand, the employer is obliged, prior to the conclusion of the employment contract, to identify the natural person with the rights and obligations which would result from the employment contract, the terms and conditions of remuneration to be performed by the employer. Also, the employer is required to ensure that the person is subjected to an initial medical check-up (for example, at night work) prior to the establishment of the employment relationship in some statutory cases. When establishing an employment relationship, the employer establishes a personnel record of the employee that he / she has to carry out in relation to himself / herself, employees and authorities that are entitled to require some information (courts, police, labor offices, etc.). This personal record contains the data:
- name, surname, title, date and place of birth, permanent address, nationality
- identification number
- evidence of the creation, change, termination of the employment relationship
- Copies of previous employment documents
- Qualification data
- data on medical fitness for work – medical report from the preliminary preventive inspection
- medical fitness data
The most common way of setting up an employment relationship is to conclude a contract of employment, but this does not give rise to employment. A labor contract is a bilateral legal action consisting of a concurrent speech of the natural person and the employer to enter into an employment relationship.
The contract of employment must have basic legal requirements and must be concluded in writing and each party must receive one copy of the contract. An employment relationship may also be based on an orally negotiated employment contract if the parties have already begun to fulfill its content.
Non-compliance with the written form of the employment contract may be sanctioned. The employment contract must be concluded prior to the entry of the employee into work or at the latest on the date of commencement of work before work commences. The employment contract must include:
- the type of work to be performed by the employee for the employer,
- the place or places where the work is to be carried out,
- the date of commencement of work.
Unless the parties agree on these matters, the contract of employment will not arise.
Defining the type of work means defining the work tasks to which the employee is employed undertakes and is not obliged to perform work of any other kind. In other words, the type of work is working a position which is defined by the concurrent expression of the will of the Contracting Parties. Type of work can be defined narrower or wider, it´s not legally defined as it should be exactly defined. The place of work can also be defined wider (region), narrower (specific address) or alternatively. The last essential requirement is the day of going to work that can be either determined by a precise calendar date or may be otherwise specified, for example by the day following the successful completion of the employee’s study. Arranging the day of joining work is an important requirement, as this is a working day. If employee does not come to work on the agreed day without hindering any obstacle or the employer does not know about this obstacle within a week, the employer may withdraw from the contract.
In some countries of the European Union there is no obligation to enter into employment contracts in writing form, so the employer is required to inform the employee in writing form about the content of the work ratio.
The Czech Republic, as a Member State of the European Union, can take up employment without the conditions of anyone from another EU country. We distinguish three categories of foreigners whose legal regime is regulated in a different way. This is an alien:
- Permanent residence on the basis of a residence permit in the Czech Republic. Their status is proved by these foreigners after reaching the age of 15 years with a certificate of residence permit issued by the Police of the Czech Republic. These foreigners are considered to be employed as nationals of the Czech Republic. They do not need a work permit and, with the exception of certain professions where the law requires citizenship (e.g. civil service), are not restricted in choosing employment.
- citizens of the Member States of the European Union and their family members. These citizens are in labor relations in the Czech Republic have the same legal status as citizens of the Czech Republic. Citizens of the EU therefore in The Czech Republic does not need a work permit and has the right to stay during this period of employment. Similarly, EU citizens are also considered citizens of the European Economic Area (EEA) countries, from Norway, Iceland and Liechtenstein. They do not need work permits
citizens of Switzerland.
- citizens from third countries. These foreigners need a work permit from the competent Labor Office for recruitment and throughout their employment in the Czech Republic. Exceptions are the cases when another arrangement is made by an international treaty to which the Czech Republic is bound. These foreigners also need a residence permit for employment purposes. This permission is issued to them by the Alien Police on the basis of a request attested by a work permit.
If a citizen of the European Union or a foreigner who is not required to enter the work without work permit (for example, a permanent resident, an asylum-seeker, a resident), is the employer or the legal or natural person to which those natural persons are entitled the foreign employer is sent on the basis of an employment contract, is obliged to do so to inform the relevant labor office in writing at the latest on the day of their arrival work. A similar obligation applies to cases where the duration of employment occurs the fact that these people no longer need work permits. This obligation to inform the employer must be fulfilled within 10 calendar days from the date, when there is a fact that does not require a work permit.
Written information includes the records kept in the records the employer is required to keep. The employer or the legal or natural person to whom those persons were entitled foreign employer on the basis of the contract sent to work, is obliged within 10 calendar days at the latest, notify the competent employment office of their termination of employment or posting.