10.6.2008
News

The Constitutional Court Cancelled Part of the Labour Code

On 11 March 2008, the Constitutional Court issued a long awaited decision on constitutional complaints challenging the new Labour Code shortly after having been adopted. Award File No. Pl. ÚS 83/06 applies even to the concept of the Code.

The Constitutional Court cancelled 11 provisions, including a major part of Section 2, subsection 1, restricting the principle of contractual freedom between the parties to labour relationships. Section 4 introduces another change; it used to admit the application of Civil Code to labour relationships under explicitly defined circumstances only; however, the Constitutional Court emphasized that the Civil Code constitutes a general private and civil piece of legislation that may be applied to support issues in other private-law areas, i.e. if a particular law applicable to a particular area of private law, the general civil-law provisions shall apply. On the other hand, the Constitutional Court refused that Sections 48 and 49 of the Civil Code (rescission) be used as support since they may be misused – a party might have rescinded an employment agreement instead of having terminated it on due termination grounds. The award had a substantial impact on the former provisions applicable to trade unions and their activities toward employee councils. The Constitutional Court admitted that trade unions, an employee council and a work safety representative may all function concurrently in a single employer. The broad inspection and executive powers included in the provisions of Section 321, subsections 2 through 4 and Section 322, subsections 2 and 3 were cancelled such as the right to prohibit overtime and night work which would jeopardize the safety and health of employees. The possibility was renewed for employers in which trade unions operate to issue internal rules. These changes took effect on the date on which the award was published in the Collection of Acts, i.e. on 14 April 2008.

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5.2.2026
Real estate and construction

KŠB "Scores" Major Infrastructure Win: The New Ball Sports Centre in České Budějovice

KŠB has advised on the execution of a construction contract for the Ball Sports Centre in České Budějovice, a major public infrastructure project set to become a new landmark for sport and community life in the region.

KŠB has advised on the execution of a construction contract for the Ball Sports Centre in České Budějovice, a major public infrastructure project set to become a new landmark for sport and community life in the region.

5.2.2026
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Suburbanization Trends and Sustainable Commuting: Will the Construction Act Amendment Change the Landscape?

The discussion surrounding the current proposal to amend the Construction Act (Parliamentary Print 67) has moved to the committee stage in the Chamber of Deputies following its first reading. The primary declared objective is the acceleration of construction, particularly regarding residential buildings. The shortage of affordable housing remains a pressing issue in major cities, both in the Czech Republic and abroad, giving rise to the pervasive trend of suburbanization. This raises the question: does the proposed amendment truly have the ambition to reverse this trend, and will an increase in housing construction alone suffice?

The discussion surrounding the current proposal to amend the Construction Act (Parliamentary Print 67) has moved to the committee stage in the Chamber of Deputies following its first reading. The primary declared objective is the acceleration of construction, particularly regarding residential buildings. The shortage of affordable housing remains a pressing issue in major cities, both in the Czech Republic and abroad, giving rise to the pervasive trend of suburbanization. This raises the question: does the proposed amendment truly have the ambition to reverse this trend, and will an increase in housing construction alone suffice?

2.2.2026
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Success for KŠB’s Litigation Team

KŠB’s litigation team, led by Pavel Dejl and Hana Dejlová, has achieved a significant victory for a long-standing client in a dispute with the Czech Ministry of Justice concerning excessively lengthy court proceedings.

KŠB’s litigation team, led by Pavel Dejl and Hana Dejlová, has achieved a significant victory for a long-standing client in a dispute with the Czech Ministry of Justice concerning excessively lengthy court proceedings.