Labour Code of the Czech Republic (2006, as amended 2011) (excerpts related to Freedom of Association) (English)
LABOUR CODE
No. 262/2006 Coll.
„Zákoník práce“
as amended by Acts No. 585/2006 Coll., No. 181/2007 Coll., No. 261/2007 Coll.,
No. 296/2007 Coll., No. 362/2007 Coll., Judgment of the Constitutional Court No. 116/2008
Coll., Acts No. 121/2008 Coll., No. 126/2008 Coll., No. 294/2008 Coll., No. 305/2008 Coll.,
No. 306/2008 Coll., No. 382/2008 Coll., No. 286/2009 Coll., No. 320/2009 Coll.,
No. 326/2009 Coll., No. 347/2010 Coll., No. 427/2010 Coll., No. 73/2011 Coll.,
No. 180/2011 Coll., No. 185/2011 Coll., No. 341/2011 Coll., No. 364/2011 Coll.,
No. 365/2011 Coll., No. 367/2011 Coll., No. 375/2011 Coll., No. 466/2011 Coll. and with
regard to Decrees No. 567/2006 Coll., No. 462/2009 Coll., No. 377/2010 Coll. and
No. 429/2011 Coll.
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CHAPTER IV
COMPETENCE OF TRADE UNION ORGANIZATIONS
Section 286
(1) Trade union organizations are authorized to act in labour relations, including collective
bargaining, under this Code, under the conditions laid down by law or agreed in a collective
agreement.
(2) A body specified by the statutes of the trade union organization shall act on its behalf
(Note 112).
(3) A trade union organization that is at the an undertaking may only act if it is authorized
thereto in the statutes and if at least three members of such trade union organization are in
an employment relationship to the employer (i.e. such undertaking); only under these
conditions the trade union organization or its branch that is authorized to act on behalf and in
the name of the trade union organization may negotiate and conclude collective agreements.
(4) The rights of a trade union organization at an undertaking only commence on the day
following the date when the trade union organization notified the employer that it fulfilled
the conditions pursuant to subsection (3); where the trade union organization ceases to meet
these conditions it must notify the employer thereof without undue delay.
(5) Where two or more trade union organizations exercise their activities within one
undertaking in those cases which concern all the employees or a large number of employees
and in which this Code or other statutory provisions require information, consultation,
the expression of consent by, or agreement with, the (competent) trade union organization,
the employer shall fulfil the duties in relation to all the trade union organizations (exercising
their activities within the undertaking) unless the parties determine some other information
and consultation procedure or another manner of expression of consent.
(6) Where two or more trade union organizations exercise their activities within one
undertaking, such trade union organization, of which a certain employee is a member, shall
act on his behalf in labour (industrial) relations. As regards an employee who is not a member
of any trade union organization, the trade union organization with the largest number of
members who are employed by (i.e. are in an employment relationship with) the employer
shall act on behalf of this employee in labour relations unless otherwise determined by
the employee.
Section 287
(1) The employer shall inform the trade union organization of:
(a) development in wages or salaries, the average wage or salary and its individual
constituents (elements), including breakdown according to individual occupational
categories unless otherwise agreed;
(b) the matters laid down in section 279.
(2) The employer shall consult the trade union organization on:
(a) the employer's economic situation;
(b) workload and work pace (section 300);
(c) changes in work organization;
(d) the system of remuneration and appraisal of employees;
(e) the system of employee training and professional/vocational training (education);
(f) the measures to create conditions for the employment of persons, in particular adolescents,
persons taking care of a child under 15 years of age, and disabled persons, and including
substantial issues relating to the care of employees, measures aimed at improving
occupational hygiene and the working environment, and measures concerning social,
cultural and physical training needs of employees;
(g) other measures which relate to a larger number of employees;
(h) matters laid down in section 280.
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