The Constitutional Court Cancelled Part of the Labour 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Sections 48 and 49 of the Civil Code (rescission) be used as support since they may be misused – a party might have rescinded an employment agreement instead of having terminated it on due termination grounds.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.
Other articles
Digital Services Act Back in Spotlight
Do you know what Wikipedia and Pornhub have in common? That's right, both are large online platforms designated by the Commission under the Digital Services Act (along with Booking.com, Google Maps, TikTok, Zalando, WhatsApp, and others). The list of very large online platforms and very large search engines, as defined in Article 33(4) of European Regulation 2022/2065 on digital services, was published in the Official Journal of the EU on March 11, 2026.
Kateřina Štěpánková k flexinovele zákoníku práce v anketě Legalwebu
Advokátka KŠB Kateřina Štěpánková poskytla rozhovor odbornému portálu Legalweb v rámci ankety věnované zkušenostem s tzv. flexinovelou zákoníku práce. Ta přinesla od roku 2025 řadu významných změn v pracovněprávních vztazích, například úpravu běhu výpovědní doby nebo prodloužení maximální délky zkušební doby.
KŠB Advises STARLUX Airlines on its Entry into the Czech Market
KŠB provided assistance to Taiwan-based airline STARLUX Airlines in connection with its planned entry into the Czech market and launch of regular flights between Prague and Taipei.