Amendment to the Labor Code
With effectiveness of 1st July 1, 2019 the employees will receive wage compensation even during the first three days in case they are temporarily unfit to work. The amount of wage compensation has not been changed-it still is 60% of the reduced average hourly earnings. In order to compensate to employers for the costs of wage compensation for the first three days of the illness, the sickness insurance contribution will be reduced by two tenths of a percentage point (from 2.3% to 2.1%). The amendment (Parliamentary Press No 109/0) was signed by the President and awaits publication in the Collection of Laws.
According to the amendment´s explanatory report, the objective of the legislative change is to seek remedy of low-income and socially disadvantaged workers (single mothers or invalids). The legal regulation of the retention period was already subject of Constitutional Court´s critique – judgment No. 166/2009 Coll. In particular, it was criticized that the overwhelming majority of employees remain for the first three days without financial securement, while their obligation to pay contributions remained unaffected. At the same time, the Constitutional Court mentioned concern about the trend of „passing of sickness“ or using holidays for covering days of illness.
The employer´s right to control if the employee keeps the treatment regime (and consequent possibility to lower or not admit wage compensation or initiation of employment termination) remains unaffected.
Mgr. Veronika Nožičková, lead associate for labour law