What Must an Employment Contract Include, and What About the Probationary Period?

Quick Overview: What an Employment Contract Must Include

An employment contract must be in writing. To be valid, it must include at least the type of work, the place of work, and the start date. Other provisions, such as salary, probationary period, working hours, remote work, benefits, or a non-compete clause, are not mandatory elements of an employment contract, but it is advisable to address them explicitly. For fixed-term employment contracts, also pay close attention to the end date of the employment and the length of the probationary period.

Do you know whether your employment contract truly protects you, or mainly protects your employer? Have a lawyer review it before you sign it. A single ambiguous phrase regarding the place of work, probationary period, or non-compete clause could later determine the outcome of an entire dispute.

The Labor Code requires that an employment contract be in writing and must include only the following essential elements: the type of work, the place of work, and the start date. Somewhat surprisingly, the employee’s salary, for example, does not have to be included.

The type of work should be agreed upon in such a way as to prevent future disputes over what work the employer may assign to the employee and what falls outside the employee’s “job description.”

It may be more advantageous for an employer to hire someone as a laborer, even if they are actually performing the work of a highly specialized foreman. In the event of a dispute, the employer can then “punish” the employee by transferring them to a lower-level position.

The law therefore allows the agreed-upon type of work to be defined narrowly or, conversely, more broadly. Similarly, it is possible to agree on the type of work in such a way that the employment contract lists multiple types of work, etc. However, be careful: if the contract lists an excessively large number of types of work, doubts cannot be ruled out as to whether the law is being circumvented.

The place of work may be specified as a specific address, but it may also be defined very broadly, for example, as an entire region or the entire Czech Republic. This is particularly important for employers who have multiple branches; in such cases, the employer can essentially transfer employees at will if the place of work is defined broadly. When signing the contract, the employee should therefore ask why the place of work is defined so broadly, so as not to be caught off guard later.

Is your place of work specified in the contract as “the entire Czech Republic,” “all of the employer’s facilities,” or in some other broad terms? Before signing, verify what this means for you in practice. An attorney can tell you whether this wording is standard or unnecessarily risky for you.

For example, a security guard had a place of work agreed upon for a specific street in the city. However, troublemakers and graffiti artists were gathering around the building, so the employer ordered him to walk around the building every two hours. The security guard refused, because other streets were not specified as his place of work. Ultimately, however, an agreement was reached, and in exchange for a slight pay increase, the security guard agreed to the change in his place of work, so that the walls of the historic building were guarded from all sides.

There is also a well-known case involving an employee—a single mother of a child under the age of fifteen—who worked at one of the employer’s facilities located in Prostějov. Her employment contract specified her place of work as “the company’s facilities within the Czech Republic.” However, the employer closed the aforementioned branch in Prostějov and newly designated that the employee would perform her work at the branch in Plzeň. She did not, however, report to work at the new location, as a result of which the employer immediately terminated her employment for a particularly gross violation of her work duties. The courts, including the Constitutional Court, ruled in favor of the employer. Although, in the opinion of Judge Jan Musil, this case involves an abuse of the employee’s weaker position during the negotiation of the employment contract—an abuse that the protective function of labor law should prevent.

In practice, we often encounter situations where an employee signs an employment contract with the place of work listed as “the employer’s facilities in the Czech Republic,” even though, upon starting work, the employee actually works at only one branch. The problem arises when the employer closes the branch or transfers the employee elsewhere. If the place of work is defined too broadly, it can make it significantly more difficult for the employee to defend their rights.

Other matters and details of the employment relationship may be agreed upon in an agreement other than the employment contract or set forth in the employer’s internal regulations. Every employee is likely most interested in their salary, which must be agreed upon or determined before work begins, but does not have to be specified directly in the employment contract. Often, the employment contract refers to the employer’s various internal regulations.

We recommend paying special attention to the provisions regarding business travel and benefits, and you should also be mindful of the non-compete clause. Essentially, this clause restricts employees after the termination of their employment; for a maximum period of one year, they may not engage in any gainful activity that would compete with the employer. However, the employer must provide financial compensation for this, amounting to at least half of the employee’s average monthly earnings. The non-compete clause may also include a reasonable contractual penalty; once the employee pays this penalty, their obligation not to engage in similar activities is terminated. This clause serves to protect the employer’s know-how.

The termination of a non-compete clause is often an issue. In principle, an employer may terminate the clause only during the term of the employment relationship and only if the employer and the employee have agreed in advance on the grounds for termination. An employee may terminate the non-compete clause if the employer fails to pay the agreed-upon compensation on time.

A non-compete clause can significantly restrict where you can work after your employment ends. Before signing it, check whether it is reasonable, whether it includes financial compensation , and whether it restricts you more than the law allows.

Probationary Period

The probationary period allows both the employer and the employee to determine whether the working relationship is a good fit. During the probationary period, either the employer or the employee may terminate the employment relationship without giving a reason. However, the termination must be in writing.

In 2026, the probationary period may be agreed upon for a maximum of 4 months for regular employees and a maximum of 8 months for managerial employees. For fixed-term employment contracts, the probationary period may not exceed half of the agreed-upon term of employment.

The probationary period must be agreed upon in writing. It is not sufficient for the employer to have mentioned it during the interview or in an email. In practice, it is most often included in the employment contract or in a separate written agreement concluded no later than the first day of employment.

If an employee does not work during the probationary period—for example, due to illness, vacation, or full-day absences from work—the probationary period is extended by the number of days missed. At the same time, the employer may not terminate the employment relationship during the probationary period within the first 14 calendar days of the employee’s temporary incapacity to work.

Fixed-Term Employment Contract

A fixed-term employment contract is a contract in which it is clear at the time of signing when the employment relationship will end. This may be, for example, a specific date, the duration of a substitution for an employee on parental leave, or the duration of a specific project.

With a fixed-term employment contract, always make sure that the end of the employment relationship is clearly stated. If the wording is unclear, a dispute may arise later as to whether the employment relationship is still in effect or has already ended. The rule regarding the probationary period is also important: it must not exceed half the agreed-upon duration of the employment relationship.

Example: If a fixed-term employment contract is agreed upon for 4 months, the probationary period may last no longer than 2 months. If an employer were to specify a 4-month probationary period in the contract, such an arrangement would be problematic.

Employment Contract – Template: It Can Help, but Simply Copying It Isn’t Enough

An employment contract template can be useful as a guide. It shows you what basic sections the contract should include and what the essential elements of an employment contract might look like. The problem arises when an employer or employee simply copies the template verbatim without adapting it to the specific position.

An accountant working in an office will need a different contract than a sales representative traveling throughout the country, and a manager with a non-compete clause will need yet another. When using a template, therefore, always verify the type of work, the place of work, the salary, the probationary period, the duration of the employment relationship, and any restrictions after the employment ends.

We ’ll prepare a high-quality, customized employment contract for you.

Summary

In 2026, an employment contract must be in writing and must include at least the type of work, the place of work, and the start date. Salary, benefits, remote work, business travel, non-compete clauses, or probationary periods are not mandatory elements of an employment contract, but in practice, they are among the most important parts of the document. The probationary period may now be agreed upon for up to 4 months for regular employees and up to 8 months for managerial employees; however, for fixed-term employment contracts, it may not exceed half of the agreed-upon term of employment. A sample employment contract can serve as a guide, but it must always be tailored to the specific position and situation.