14.1. Posted staff members

According to the Vienna Convention on Diplomatic Relations, diplomatic agents must not practise for personal profit any professional or commercial activity in the receiving State (see Article 42 of the Convention). The principal (and only) sphere of a diplomatic agent’s activity must be the performance of diplomatic functions. However, diplomatic agents are allowed to engage in secondary activities in areas of personal interest, provided that such activities do not affect the performance of diplomatic functions and are not carried out solely for personal profit (e.g. lecturing at universities, etc.).

A diplomatic agent who disregards the above rule and practises professional or commercial activities for personal profit does not enjoy immunity from the civil and administrative jurisdiction of the receiving State in respect of such activities.

The above prohibition of professional and commercial activities applies only to diplomatic agents. It does not apply to their family members(1) and to other staff categories. However, even for non-diplomatic staff, secondary professional and commercial activity should be an exception rather than a rule.

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(1) Employment of family members – see next section.

Administrative and technical staff

Members of the administrative and technical staff who take up secondary employment in the Czech Republic do not enjoy immunity for civil and administrative jurisdiction in respect of the secondary employment (see Article 31, paragraph 1 (c) of the Vienna Convention on Diplomatic Relations). They must fulfil all obligations imposed by the laws and regulations of the Czech Republic in respect of the secondary employment (this means that they must obtain an employment permit, if required, and must pay the income tax, health insurance and social security contributions on the wages earned in the secondary employment, etc.).

Service staff

Members of the service staff of diplomatic missions enjoy immunity only in respect of acts performed in the course of their duties at the mission (see Article 37, paragraph 3 of the Vienna Convention on Diplomatic Relations). The Vienna Convention on Consular Relations similarly restricts the immunities enjoyed by the service staff at consular posts. Members of the service staff who take up secondary employment do not enjoy immunity from the Czech Republic’s jurisdiction and must fulfil all obligations imposed by the laws and regulations of the Czech Republic in respect of the secondary employment (this means that they must obtain an employment permit, if required, and must pay the income tax on wages earned in the secondary employment, health insurance and social security contributions, etc.).

International organizations

Members of the staff of international organizations and their family members must observe the rules set out in the applicable bilateral or multilateral international treaties.

14.2. Family members

Section 98 (b) of the Employment Act provides that a foreign national who is a member of the family of a member of a diplomatic mission, consular post, or who is a member of the family of an employee of an international governmental organization established in the Czech Republic does not need an employment permit or any other type of work permit (employee cards, intra-corporate transferee permits and blue cards) to take up employment in the Czech Republic.

14.2.1. Employment of spouses of staff members

The employed family member retains his/her registration with the Diplomatic Protocol. However, his/her immunity from civil and administrative jurisdiction does not extend to acts performed in the course of the employment. Every family member who is employed in the Czech Republic must pay the income tax and social security and health insurance contributions as required by Czech labour legislation.

Since employment has a direct bearing on a family member’s entitlement to privileges and immunities, the mission must promptly notify the Diplomatic Protocol whenever a family member takes up employment. The note must contain the basic information – first name and surname, name and address of the employer, and the date on which the employment is to begin. Termination of employment including the date on which the employment terminated must be notified to the Diplomatic Protocol.

14.2.2. Employment of children

The Diplomatic Protocol registers unmarried children aged 18-26 who do not engage in an independent gainful activity, provided that they are enrolled in a standard full-time Bachelor or Master degree study programme.

A child who takes up employment in the Czech Republic cannot retain his/her registration with the Diplomatic Protocol. The child loses all privileges and immunities and must return his/her ID card.

14.3. Locally engaged staff

The employment of persons who are nationals of or permanently resident in the Czech Republic and have not been posted to the mission by the Ministry of Foreign Affairs of the sending State (locally engaged staff) is governed by Czech legislation, including Act No. 262/2006, the Labour Code as amended, Act No. 435/2004 concerning employment as amended, and Government Regulation No. 567/2006 concerning the minimum wage, the lowest guaranteed wage levels, the definition of difficult working conditions and allowances for work in difficult working conditions.

Diplomatic missions, consular posts and international governmental organizations employing locally engaged staff must comply with Act No. 589/1992 concerning social security contributions and contributions to the government employment policy as amended, Act No. 187/2006 concerning health
insurance as amended, and Act No. 155/1995 concerning pension insurance as amended.

With the exception of immunity from execution, States cannot invoke their jurisdictional immunity in proceedings related to acts performed by a mission in connection with the employment of locally engaged staff.

The following is a summary of some of the obligations arising from the above legislation.

14.3.1. Working hours

The standard working time is 40 hours per week. The employer must organize the working hours in accordance with the following provisions of the Labour Code:

Work breaks (Section 88, paragraph 1) - the maximum period of continuous work is limited to six hours, after which the employer must allow the employee to take an at least 30-minute break for meal and rest.

Uninterrupted rest period between two shifts (Section 90, paragraph 1) – the employer must organize the working hours so as to give the employee an uninterrupted rest period of at least 11 hours between the end of one shift and the start of the next shift.

Uninterrupted rest period per week (Section 92, paragraph 1) - the employer must organize the working hours so as to give the employee one uninterrupted rest period of at least 35 hours per week.

Non-working days (Section 91, paragraphs 1, 2 and 3) - the days of the employee’s weekly uninterrupted rest and public holidays. The employer may order the employee to work on non-working days only on an exceptional basis, in cases explicitly defined in Section 91, paragraph 3.

14.3.2. Extra pay

The standard working time is 40 hours per week. This limit set by the laws and regulations of the Czech Republic. If the employee works above the limit he/she must receive the following compensations required by the applicable provisions of the Labour Code:

Overtime work (Section 114, paragraphs 1 and 3) - the employee must receive a portion of his/her wages proportionate to the duration of overtime work plus an overtime premium amounting to at least 25% of his/her average earnings, unless the employer and the employee have agreed that an extra leave (corresponding to the duration of overtime work) would be granted instead of the overtime premium.

However, the overtime wage plus an overtime premium, or the extra leave, should not be given to an employee whose normal wages, as agreed in the employment contract, already include compensation for anticipated overtime work. It is important that this type of wages, with an overtime compensation already included, can be stipulated only in the contracts that specify the anticipated duration of overtime work. The statutory limit for overtime work agreed on this basis is 150 hours per calendar year. Once the 150-hour limit is exceeded, the employee must be given the standard overtime wage with an overtime premium, or an extra leave.

An employer who wants to grant extra leave rather than to pay an overtime premium must specifically agree on this with the employee.

Work performed on public holidays (Section 115) - the employee must receive a portion of his/her wages proportionate to the duration of such work plus extra leave corresponding to the duration of such work. During the extra leave the employee is entitled to a leave pay equal to his/her average earnings.

The employer and employee can agree that instead of the extra leave the employee will receive a premium in an amount not lower than his/her average earnings.

An employee who did not work because a public holiday fell on his/her regular working day must receive compensation equal to his/her average earnings.

Night work (Section 78, paragraph 1 (j) and (k), Section 116) - work performed between 22 hours and 6 hours if the employee works for at least three hours during this time.

The employee must receive a portion of his/her wages proportionate to the duration of such work plus a premium amounting to at least 10% of his/her average earnings.

The rules concerning regular work breaks, non-working days and weekly uninterrupted rest periods must also be observed.

Work performed on Saturdays and Sundays (Section 118, paragraph 1) - the employee must receive a portion of his/her wages proportionate to the duration of such work plus a premium amounting to at least 10% of his/her average earnings.

The rules concerning regular work breaks, non-working days and weekly uninterrupted rest periods must also be observed.

14.3.3. Wages

The amount of wages paid to an employee must not be lower than the minimum guaranteed wage level set by Government Regulation No. 567/2006(3) (Section 112 of the Labour Code).

This does not include overtime wages and extra payments for work on non-working days, night work and work on Saturdays and Sundays.

Employers may voluntarily undertake to pay additional wages (thirteenth- or fourteenth-month wages).

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(3) This Regulation is regularly amended – the current basic minimum wage level (CZK 55 per hour or CZK 9 200 per month for a 40-hour working week) is set by Government Regulation No. 204/2014 (in effect since 1 January 2015).)

Paid leave

The minimum annual leave entitlement is four weeks in a calendar year (Section 213, paragraph 1). An employee who has been employed with one employer on a continuous basis for a whole calendar year and has worked at least for 60 days years in the calendar year is entitled to the full amount of annual leave. An employee who has not been employed with one employer on a continuous basis for a whole calendar year but has worked for the employer for at least 60 days is entitled to a proportionate amount of the annual leave (Section 212, paragraph 1).

An employee who has not worked for the employer for at least 60 days is entitled to paid leave for the days worked, amounting to one twelfth of the annual leave entitlement per every 21 days worked in the calendar year (Section 214).

The employee is entitled to a leave pay amounting to his/her average earnings (Section 222, paragraph 1). 1). The employer is not allowed to make extra payments in lieu of annual leave unless the employment relationship is terminated (Section 222, paragraph 2).

Statutory time off, sick leave, maternity and parental leave

The employer must allow the employee to take sick leave and maternity or parental leave and to take time off to care for a child aged under ten or other family members in cases defined in Section 39 of the sickness Insurance Act (Part Eight of the Labour Code).

The following payments are also mandatory under the Labour Code

• leave pay (Section 222 of the Labour Code), payments during statutory time off and in the event of lay-off or other disruption to work (Part Eight of the Labour Code and Government Regulation No. 590/2006 concerning the causes and duration of disruption to work)
• compensations for travel costs, subject to the conditions specified in Part Seven of the Labour Code.

The following are examples of optional allowances and benefits:

• meal allowances (meal vouchers);
• transport allowance;
• contributions to the supplementary pension scheme.

14.3.4. Cooperating with Czech authorities

The Ministry of Foreign Affairs of the Czech Republic recommends diplomatic missions, consular posts and international organizations to cooperate with labour, social security and health insurance inspectors, namely to provide all required information and documents related to the employment of locally engaged staff and to consider the possibility of permitting a workplace inspection, subject to the consent of the head of mission.

14.3.5. Contact details

Any questions regarding employment can be discussed with the Ministry of Labour and Social Affairs during its regular consultation hours on Wednesdays, 14:30-17:15 hours in the Ministry building at Na poříčním právu 1, Praha 2. Relevant information is also available on the Ministry website
www.mpsv.cz.