In the Czech Republic, public holidays are fixed days when most employees can enjoy well-deserved time off. However, this is not always the case, as in some professions working on public holidays is a necessity and can be ordered by the employer. What about extra pay, when you are entitled to time off and what to do if your employer doesn’t pay for holidays? This article gives you a detailed overview of everything you need to know about working on public holidays.
If your employer is not paying you for holidays or is forcing you to work in violation of the law, our attorneys can help. Simply contact us online, we will advise you, draft the necessary documents and represent you in negotiations with your employer.
One of the most common topics employees ask about is remuneration for working on public holidays. Many are concerned about whether their employer will pay them correctly or whether they will lose part of their pay because of the holiday. However, the Labour Code sets out clear rules to protect employees.
If you work on a public holiday, you are always entitled to special compensation. The law gives two options: holiday pay or compensatory time off. The amount of the extra pay is at least 100% of your average earnings. In practice, this means that if you go to work on a public holiday, you will be paid double, i.e. you will get your normal wage plus an extra payment.
The other option is to agree with your employer to take time off in lieu. In this case, you work the holiday but get extra time off on another day and are paid your standard holiday pay.
It is also important to distinguish between types of pay. Employees on a monthly salary do not lose money if the holiday falls on their working day and they stay at home. Their pay is not reduced because the holiday is treated as a full working day. For hourly employees, the situation is dealt with through wage replacement – they get paid as if they had worked normally on that day.
In both cases, therefore, the employee cannot lose money because of the holiday. And if he or she has to work, the law ensures fair pay in the form of extra pay or time off.
Tip: Working time arrangements vary widely: shorter or longer hours, fixed hours, irregular hours. We will advise you on what you are entitled to under each option and what to choose if you have a choice.
Unfortunately, in practice, there are still cases where employers do not pay holidays or even force employees to work without extra pay or compensatory time off. Such behaviour is in direct contravention of the Labour Code. The employee has rights in these situations and is certainly not left to leave everything alone.
If you find yourself in a similar situation, there are several ways to defend yourself:
Unpaid holidays are not just a matter of a few hundred or thousand crowns on your paycheck. For many employees, it’s also about feeling treated fairly and respected. When your employer doesn’t pay you for a holiday, it’s not just about the money, it’s also about whether they treat you according to the law and with respect. That’s why it’s important to know what your rights are and not be afraid to speak up.
Tip: Trade unions first started to emerge in this country in the mid-19th century with the development of industry. At this time, workers formed them as a platform for bargaining with their employers. The slogan was that there is strength in numbers. What trade union organisations have survived to this day?
Labour Day, May 1, is one of the most important public holidays. Legally, it is no different from any other, and the same rules regarding time off and allowances apply. Nevertheless, it is a day when the issue of work is often addressed, as many people see it as a symbolic time of rest.
This is similar to Christmas or Easter, when services and shops are often closed. In addition, the law stipulates that shops over 200 m² must not be open on selected public holidays. So if you work in retail, your employer cannot send you to work on days like 25 or 26 December.
If the holiday falls on a weekend, the Labour Code does not oblige your employer to give you time off in lieu. In practice, this means that you won’t lose an extra day off, but you won’t get it either.
There are clear rules about working on public holidays: the Czech Republic has 13 statutory holidays when you usually do not work, but the exceptions are professions in continuous operation, such as healthcare, transport or energy. Employers can only order work on public holidays in exceptional cases and must always provide fair pay – either a supplement of at least 100% of average earnings or time off in lieu. Employees on monthly wages do not lose money even if they are off on a public holiday; hourly paid employees are entitled to a wage replacement. If an employer does not pay for holidays, it is in violation of the Labour Code and employees can fight back – from a written request for redress, to a union and a labour inspectorate, to a court case with a lawyer. If a holiday falls on a weekend, the Labour Code does not grant an extra day off.
It doesn’t have to if your profession falls within the exceptions, but otherwise you can’t arbitrarily order a shift on a holiday.
Yes, you are entitled to holiday pay even if you have a full-time or part-time job.
If you are paid monthly and the holiday falls on a working day, your pay will not be reduced.
Only in cases where the work is necessary (e.g. healthcare, transport).
It doesn’t have to if your profession falls within the exceptions, but otherwise you can’t arbitrarily order a shift on a holiday.
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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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