Prohibiting an employee from joining a competitor after their employment ends requires a separate agreement, and the employer must compensate the employee. The compensation cannot be lower than 25% of the monthly remuneration paid to the employee for the duration of the non-competition ban. If the agreement does not specify the amount, the employee must be compensated at the statutory minimum amount.
A non-competition agreement that prohibits an employee from competitive activities during employment, or for a period after it, is permitted if they have access to essential information, which will damage the business if they disclose.
The agreement must have a defined period or otherwise may be declared invalid. The term of the agreement itself is not limited. Therefore, as long as the employer pays the compensation and the agreement period is reasonable, the parties' obligations to the agreement remain enforceable.
Employers with 50 or more employees must introduce work and remuneration regulations in the workplace. Employers employing less than 50 employees may introduce work / remuneration regulations if they want but are not mandated to do it.
Those regulations cannot have less favourable terms for employees than those in the Labour Code, other legal regulations, or collective agreements.
The work regulations that define the workplace rights and obligations of the employer and employees outline:
The work regulations enter into force two weeks after they have been disclosed to employees. The employer has to present the work regulations to each employee before they start work. The employee, in turn, confirms in writing that they have read the regulations. The employer should keep that document in the employee's file.
The remuneration regulations determine the conditions of remuneration for work. An employer may also outline in it other work-related benefits and how they grant them.
While it's the employer that determines the remuneration regulations, they must agree on them with the enterprise trade union if there is one.
Employers with more than 50 employees must create a Works Council to maintain employee rights. They must then consult them on the following matters:
Employers must keep and maintain paper or electronic records on the employment relationship and personal employee files.
The employer is obliged to:
The employer must keep separate records for each employee on matters related to the employment relationship, including:
The employer must also keep registers of suspicion of occupational diseases, occupational diseases and accidents at work.
Any work that an employee creates during their employment is covered by IP rights (e.g. economic copyrights in works, trademarks, inventions) and belongs to the employer. It should have been created within the scope of the employee's duties, unless otherwise stipulated in the employment contract. This does not apply to moral rights, which always remain with the author/inventor.
If an employee creates an invention (not a trademark or work) outside the scope of their duties but with the employer's help, the employer can use it in the limited scope provided for by law.