Is a contractual partner really a job agency?
First of all, it is necessary to verify whether the other contracting party actually has the authorization of the Labor Office's General Directorate to mediate employment in the form of employing natural persons for the purpose of carrying out their work for the user (pursuant to Section 14 (1) (b) of the Employment Act). This can also be easily verified remotely, and is included in the list of job agencies maintained within the portal of the Ministry of Labor and Social Affairs under https://portal.mpsv.cz/sz/obcane/zpr_prace. The list shows whether the contractor has a permit to the above form of job brokerage and what is the validity of the permit.The introduction of the number and the date of the authorization decision are then one of the legal requirements of the employee allocation agreement. If the applicant has any doubts about the accuracy of the data provided by the Agency, we recommend that you request a copy of the decision.
Identification of the assigned employee and job position specification
Working conditions of the so-called comparable employee
In practice, the most problematic was the mandatory indication of the labor and wage conditions under which a comparable employee (is a staff member of a user performing the same work as an assigned employee taking into account the qualification and length of professional experience) worked.
Tenderers and agencies are required, pursuant to Section 309 (5) of the Labor Code, to ensure that the employment and wage conditions of the assigned employee are not worse than the conditions of a comparable employee of the user.
Only a written form
What does a job-seeker or a candidate have to pay attention to:
At the latest on the day of boarding, he / she must receive a written employment contract or an employment agreement.
Under no circumstances may the employment agency assign employees to the user on the basis of a work agreement.
Employee receives a written instruction specifying the name of the user, ie the company (not the labor agency), the address of the workplace, the date of commencement and termination of the temporary assignment, the job description, the job title, the working hours and the wage conditions.
Upon termination of employment the employee receives:
- credit card
- on the pay-out date (which is agreed in the contract) a payroll and wage paid either in cash, on account or by postal order
Terms of employment:
- the type of work the employee will perform
- place of work
- day of work
In the employment contract it is also appropriate to have:
- employer identification (including ID) and employee
- duration / duration of employment
- trial period (up to a maximum of 3 months)