Negotiation of remuneration from the DPP/DPČ with consideration of night work, difficult working environment and weekend work

As we have recently informed you, a draft amendment to the Labour Code is currently awaiting discussion in the Senate, which, if approved in time, could introduce several changes beneficial for practice as of 1 August 2024.

One of these innovations is to be the possibility to negotiate remuneration from an agreement on the performance of work or work activity already taking into account possible work at night, in difficult working environments or on Saturdays and Sundays. Employees working not on the basis of the employment agreement (i.e. not in an employment relationship) would then not be entitled to statutory supplements for work in these modes.

However, it will not be that simple:

• A maximum amount of work in the above modes will have to be agreed at the same time, beyond which additional payments will be due.
• At the same time (somewhat strangely), the amount of any additional pay that would otherwise be due to the employee must also be agreed – this is so that it can be verified that the employee’s remuneration has reached the minimum wage even without the additional pay.
• The provision of additional payments (or compensatory time off) for working on public holidays cannot be avoided even after the amendment.

We will continue to inform you about other interesting novelties to be introduced by the amendment to the Labour Code and, of course, about its further journey through the legislative process.