Getting fired from a job is one of the most difficult moments in working life. The Flexinovela of the Labour Code changes the current rules of the game – shortening the notice period in certain cases, speeding up its running and introducing new protections for employees. What exactly is changing? And how might it affect you, whether you are an employee or an employer?
The rules for termination of employment in the Czech Republic have remained almost unchanged for years. The result was an unnecessarily lengthy and sometimes inefficient procedure that did not correspond to the realities of today’s labour market. The Flexinovela of the Labour Code comes precisely to break this rigidity and offer a more modern and flexible solution. It will take effect from 1 June 2025.
The changes are inspired by practice, experience from abroad and the demands of employers and employees. The intention is to remove unnecessary administrative hurdles and to allow for quicker responses to changes – whether it is the termination of cooperation due to organisational changes or due to an employee’s long-term incapacity. The amendment also has the ambition to match the standards common in other EU Member States.
At the same time, however, it maintains the protection of employees as the weaker party to the contract. The aim is not to make “firings” easier, but rather to avoid unnecessary delays and disputes that ultimately benefit neither party. Teleworking, flexible working hours, fast delivery of documents – all go hand in hand with the drive for greater flexibility in employment relations.
When you quit your job, we can help you defend yourself against your employer’s actions and make sure you get everything you’re entitled to from them. This includes, for example, any wages or severance pay you are owed. We provide assistance throughout the country and at a predetermined price.
The Flexinovela of the Labour Code brings several important changes in the area of notice periods. The most important is the new way of calculating it – instead of starting from the first day of the following month, it will now start from the day the employer or employee delivers the notice to the other party (there are a few exceptions to this rule). In practice, this means that the employment relationship can end more quickly – even a few weeks earlier than before.
Another novelty is the shortening of the notice period to 1 month in cases where the employer terminates the employment relationship for specific “disciplinary” reasons pursuant to Section 52(f), (g) and (h) of the Labour Code – i.e. due to loss of the prerequisites for the performance of work, culpable breach of duties or unsatisfactory work results.
There is also a fundamental change in the case of dismissal on the grounds of long-term incapacity for work. Previously, a distinction was made between work-related reasons (accident, occupational disease) and non-work-related reasons. Now, these reasons are merged. If the incapacity is work-related, the employee is no longer entitled to severance pay, but to a one-off compensation for non-pecuniary damage – up to 12 times average earnings. This change is intended to reduce the risk of errors and unnecessary litigation.
The changes to the notice period have several practical implications for employees – some welcome, others less so. The main new one is that the notice period will start to run from the day the notice is served. This means greater flexibility – if an employee decides to give notice on the first of the month, then the notice period will effectively run for two months. Under current conditions, it would de facto be three months, as the notice period only starts on the first day of the following month. Closing a chapter more quickly can be psychologically relieving, especially in conflict situations.
But on the other hand, employees lose the “time buffer” previously provided by the rule that the notice period does not start until the first day of the following month. This can be a disadvantage, for example when looking for a new job or dealing with the authorities.
However, a positive development is the explicit enshrinement of the right to leave even if the employee sues for invalid notice and the court retrospectively finds in his favour. This situation was previously unclear and depended on the interpretation of case law. Now, it will be clear that leave is due for this period, giving the employee greater legal certainty. Overall, the amendment strengthens the protection of employees’ rights, albeit at the cost of quicker ends.
There are not many options when an employee can be given notice by the employer. One option is termination for redundancy or termination for organisational reasons. What if your employer dismisses you, ostensibly abolishes your job and then creates and re-fills it?
On the one hand, flexinovela represents a welcome simplification of rules for employers, which have often been unnecessarily burdensome. Employers no longer have to time the delivery of notice “at the last minute” to avoid the notice period being extended by another month. This will ease administration and bring greater clarity.
The amendment also slightly reduces the risk of formal mistakes that could have led to litigation – for example, if the employer has incorrectly stated the reason for termination in the past due to confusion over the medical reason. The merging of the grounds for dismissal related to the employee’s long-term incapacity eliminates this uncertainty.
While the Flexinovela generally speeds up the termination of employment (by making the notice period now start from the date of service of notice), there are cases where it will not be so simple – and the general rule is modified in some way.
These are situations where the employee is protected – for example:
In these cases, the law either prohibits giving notice or stops the notice period from running.
What does this mean in practice?
If the employee is given notice before the protection period starts, the notice period will start to run – but once the protection period starts, it will stop. It will only resume again after the end of the period. So: the statutory length stays the same (e.g. two months), but in reality the whole process of “leaving” gets longer.
The employee and the employer can also agree in advance in writing (in the employment or collective agreement) on a longer notice period, for example three months. They can also agree that the notice period will remain the same as under the previous legislation. However, the rule must apply equally to both parties – otherwise it does not apply. This individual contractual arrangement cannot shorten the notice period.
As we have already mentioned, the notice period will now run from the date of service for terminations under section 52(f), (g) and (h) of the Labour Code (e.g. for breach of duty or incapacity for work). The length of the notice period in these cases is now set at one month. Even in these cases, both parties may agree in advance in a contract (e.g. employment contract or collective agreement) to a different (longer) regime.
Although most notices will run from the moment they are served, some grounds for employer-given notice have exceptions.
In particular, notices pursuant to Section 52(a) to (e) of the Labour Code (e.g. for organisational reasons) – there the notice period does not start until the first day of the following month, as we have been used to until now.
As can be seen from the above, flexinovela reduces unnecessary waiting and removes artificial delays that used to complicate the termination of employment. A practical example is when an employee receives notice on 5 May. Under the old rules, the notice period would not start until 1 June and the employment relationship would end on 31 July. However, after the amendment, it will start immediately – i.e. on 5 May – and the two-month notice period will end on 4 July. Compared to the previous regulation, the termination of the employment relationship can be shortened by almost a month.
Another change brings clarity to the probationary period. If an employee falls ill during the probationary period, this period will now be extended only by the working days he or she did not work – not by full calendar days. This means greater fairness and clarity. For example, if you have been sick for a week but only work four days a week, the probationary period will only be extended by those four days.
Such arrangements bring greater predictability and flexibility for both parties – employee and employer.
First of all, we recommend reviewing your existing employment contracts. If some parts of them literally adopt the existing wording of the law on the length or duration of the notice period, it is advisable to remove these provisions by way of an amendment or to conclude new contracts. If the contracts contain wording that merely copies the previous legislation, this may create a number of ambiguities.
In the case of newly concluded employment contracts (i.e. after the amendment has come into force), care should be taken to ensure that the old wording does not remain in the templates, which no longer correspond to the current law. If the company wants to modify the rules regarding the notice period differently than the standard statutory rules – and the law allows such modification – it must be agreed explicitly, clearly and in writing. However, such an agreement must be within the limits of the law and balanced for both parties.
In the case of notice pursuant to Section 52 (f)-(h) of the Labour Code, i.e:
as well as:
Exceptions are organisational reasons on the part of the employer, as provided for in Section 52(a)-(e) of the Labour Code. In these cases, the notice period still starts on the 1st of the following month.
When you quit your job, we can help you defend yourself against your employer’s actions and make sure you get everything you’re entitled to from them. This includes, for example, any wages or severance pay you are owed. We provide assistance throughout the country and at a predetermined price.
Ondřej is the attorney who came up with the idea of providing legal services online. He's been earning his living through legal services for more than 10 years. He especially likes to help clients who may have given up hope in solving their legal issues at work, for example with real estate transfers or copyright licenses.
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