The basic statutory regulation governing the employment types is the Act No. 262/2006 Coll. , as amended - the Labor Code
. The employment is mostly established by an employment contract
between the Employer and Employee, always made in writing, at least in two counterparts. The employment contract can also be made verbally. If the contract is not made in writing, it does not necessarily mean that it is invalid. So even a verbal employment contract is valid, but the Employee can get into a difficult evidencing situation in the case of a legal dispute to prove what terms and conditions were stipulated in the employment contract.
Employment can not be established between a wife and a husband.
An employment contract should contain the following:
- type of work the Employee is to perform for the Employe,
- place or places of work performance,
- work performance start date.
Should any of the above fundamental details be missing in the employment contract, it shall cause the employment contract to be invalid. However, this is only a “relative invalidity”, which means that the employment contract shall be deemed to be valid if either party does not appeal to the invalidity thereof. However, we shall emphasize that the invalidity can not be appealed to by the defaulting party.
Employment concluded based on an employment contract is not, however, the only option. The Labor Code enables conclusion of agreement on works performed outside employment under the stipulated terms and conditions, which include the agreement on working activity and agreement on work performance.
Based on Employment Duration
Employment can vary with duration thereof. Based on this criterion, we distinguish between employment for a fixed term and employment for an indefinite period of time.
Employment is contracted for an indefinite period of time, provided the duration thereof has not been expressly specified. This means that if the detail of the employment duration is not specified in the employment contract, the employment shall be regarded as made for an indefinite period of time.
The fixed-term employment can be concluded under certain conditions. According to law, the fixed-term employment can be concluded between the same Employer and Employee for a period of two years as of the respective employment start date. Another fixed-term employment can be concluded between the Employer and Employee after six months as of the expiry of the first fixed-term employment – i.e. prohibition against linking fixed-term employment periods.
The Labor Code allows for certain exceptions from this rule of prohibition of linking of the fixed-term employment periods:
- if so stipulated in special statutory regulations,
- for reasons of substituting for a temporarily absent employee for duration of impediments to work on the part of the Employee,
- in case of serious operating reasons on the part of the Employer or reasons consisting in a special character of the work the Employee is to perform, and the Employer specifies these reasons in a written agreement with the Trade Union or in the internal regulation in the case that the Trade Union is not operating in the Employer’s company.
Based on the Employer's Character
Certain differences in employment are also caused by the Employer’s character, i.e. if the Employer is an entrepreneurial entity or non-entrepreneurial entity, e.g. a state authority or “state” kindergartens and kindergartens (these are Employers listed in section 109 sub-section 5 of the Labor Code).
This differentiating has a practical significance, for instance, in case of the collective bargaining agreement conclusion, and in particular, for issuing an internal regulation. An entrepreneurial entity thus has a much broader possibility to stipulate wages (wage premiums for work at night, work on Saturdays and Sundays, and other similar cases are stipulated by the Labor Code as a minimum, whereas these premiums are fixed for a salary) and other rights of the Employees than the non-entrepreneurial entity (e.g. duration of vacation can be increased by the entrepreneurial entities without any limitation, whereas the Employers listed in section 109 sub-section 3 of the Labor Code provide 5 weeks in a calendar year, and it cannot be extended.
Based on Employment Establishment Method
Based on the employment establishment method, we can distinguish between employment established by employment contract and employment established by appointment.
Appointment establishes the employment only in case of persons on the exhaustive list in the Act
, in particular:
- state organizational division managers,
- managers of organizational units of state organizational divisions,
- directors of state-owned companies,
- managers of organizational units of state-owned companies,
- state-owned fund managers, if headed by an individual body,
- allowance organization managers,
- managers of organizational units of allowance organizations,
- educational legal entity directors.
Based on Place of Work Performance
Based on the place of work performance, we distinguish employment, under which the Employees perform work at the Employers’ workplaces, from the employments of Employees, who do not permanently work at the Employers’ workplaces. These are usually “home offices”, when the Employee works at home. These Employees are often identified as home employees. Some provisions of the Labor Code do not apply to them, for instance, working time schedule, downtimes or significant personal impediments to work, for which they are not entitled to a wage or salary, etc.
Based on Working Time Scope
We can also split the employments based on the working time scope into employments with defined weekly working time (whereas the defined working time shall not exceed 40 hours a week, and there are shorter working time limits defined for certain employees listed in section 79 sub-section 2, which shall not be exceeded) and those with shorter working time (e.g. 6 hours or 4 hours a day).