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One twelve-hour shift ends and another begins immediately. Either as overtime or other contracts. This practice, which is common especially in hospitals, must now end. The upcoming amendments to the Labor Code take this into account.

Lawmakers are now rushing to get this done. Starting in September, the Czech Republic had to pay millions of dollars in fines for failing to incorporate two binding European directives into law.

One of these directives also contains an explicit prohibition on working twenty-four hours a day.

“It is surprising that there has been essentially no discussion in the public sphere regarding such fundamental innovations, and therefore it is likely that most employers have not yet recognized that they may have to fundamentally change their employees’ work schedules. ,” he said for Seznam Zpravy, a lawyer specializing in employment and health law, Eva Ostruszka Klusová from Forlex law office.

Twenty-four hour shifts are common practice in many Czech hospitals. In addition, double (and multiple) shifts are also closely related to overtime which is the main topic of debate on the upcoming amendment.

The attention of the public, especially doctors and health professionals, was drawn to himself by lawmaker and doctor Vít Kaňkovský, who smuggled hundreds of hours of “voluntary” overtime into the law at the last minute.

However, overtime in the form of shifts of 24 hours or more is not permitted.

“This regulation is a breakthrough because in principle it prohibits an employee from working more than 16 consecutive hours at a time, because every twenty-four hours must always be adjusted to the employee’s work performance, namely shifts. and overtime work, as well as a minimum of eight hours of rest for employees,” explained Klusová.

At first glance, a superficial change in the wording of the law says that employers must give their employees rest periods every 24 hours. Not between two shifts as has happened so far. According to Klusová, it is relatively easy to circumvent the current laws.

“In practice, this is usually a situation where a planned twelve-hour shift is followed by twelve hours of overtime in lieu of another employee. Or, for example, a regular eight-hour shift is followed several times a month by a 16-hour “night shift” to cover emergency services before other employees start their next regular shift. “In a situation like this, the employee only gets official leave after he is twenty-four years old,” explained the employment law expert.

In this way, according to him, a number of manufacturing companies in particular cover unexpected employee absences. However, usually, for example, doctors and paramedics in hospitals work like this normally, even though it is not fully in accordance with current employment regulations.

Therefore, the Ministry of Manpower and Social Affairs objected to the labor law expert’s interpretation. According to the department, working 24 hours a day is illegal even under current conditions.

“The interpretation outlined which states that a worker in an employment relationship according to the applicable laws and regulations can work continuously for up to 24 hours, is in conflict with existing laws and regulations. The draft amendments do not change anything in this regard,” said ministry spokesman Jakub Augusta to Seznam Zprávy.

But the practice is very different, explains Jakub Tomšej, a labor law expert from Charles University’s Faculty of Law.

“The Labor Code stipulates that the length of a shift must not exceed 12 hours. In practice, however, it is possible to encounter employer practices that, although contrary to the meaning and purpose of this standard, do not explicitly violate this standard. For example, after the shift ends, the employer orders extraordinary overtime within the scope of the next shift, or the employee has a DPP or DPČ agreement in addition to the employment contract, and after the shift ends he works. the basis of such an agreement,” said Tomšej.

The new wording in the law is much more explicit regarding violations of the law, the attorney acknowledged.

“Recently, this practice (evading the law) will be more difficult because they must always rest at least 8 hours every 24 hours a day. “Therefore, it can be said that the consequence of the amendment is that employers must always schedule their employees’ working hours in such a way that a maximum of 16 hours for work and a minimum of 8 hours for rest,” said Tomšej.

And Aleš Buriánek, a lawyer from the Czech Medical Chamber, understands the new words in the Labor Code with the same enthusiasm.

“I agree with the opinion that the implementation of the amendments to the Labor Code in the words quoted below will end the possibility of legally providing 24-hour services. This would certainly be a positive change. CLK will definitely react to amendments to the Labor Code, including these changes,” said Buriánek for Seznam Zprávy.

Working “scheduled overtime” is commonplace, especially in hospitals. With its help, employers make up for the shortage of qualified people, and workers, in turn, earn money that they usually only earn in the private sector.

Some hospitals contacted by Seznam Zpráv admitted they were already dealing with the new wording in the law.

“We know about the upcoming changes to the Labor Code. If it is approved in this way, we will have to reorganize most medical services and some non-medical services,” said Jana Krejčí Merxbauerová, spokesperson for Motol University Hospital, which is the largest medical facility in the country.

Other hospitals waited to comment until the final form of the law and its implementation in practice were known.

“Our personnel department is aware of the changes in the Labor Code and is working on the amendments. “The hospital will take a position on this matter in accordance with the existing provisions, as it will come into force,” said spokesperson Veronika Plachá on behalf of Brno University Hospital.

Dominik Brůha, a lawyer for the health workers’ union, stated – as did the ministry – that even under the current law, 24-hour shifts are not completely halal. At the same time, he pointed to court decisions stating that such a system threatens the health of health professionals and patients.

“Even according to the current formulation of the law, it cannot be maintained if it is said that the performance of work, for example as a nurse, for 24 hours a day without the minimum possibility of workforce regeneration is in accordance with its aspects. safe and health-free work,” Brůha told Seznam Zprávy.

But as health care workers’ union president Dagmar Žitníková added, in hospitals, this is a standard commonly applied by both employers and employees. “If there is no prosecutor, there is no judge. In cases of illegal practices carried out by employers, our union has been very successful in enforcing workers’ claims,” added Žitníková.

The Czech Medical Chamber has long criticized the unbearable amount of overtime. However, Jan Přáda, chairman of the Young Doctors Section at CLK, doubts that the issue will be resolved with a slight change to the wording of the Labor Code.

“Doctors do not and have never had a legal 24-hour shift. It is common practice that doctors often work 24 hours a day and instead of one day of rest, let alone two days, they have another day of work (which means 32 hours straight). So does the fact that it is “served” somewhere from Friday morning to Monday afternoon. The new law does not touch this at all – most hospitals have various tricks to hide these inhumane and illegal conditions in their work reports,” said Přáda.

It is not yet clear in what form and when exactly the amendment will take effect. In late July, the Senate returned it to the Chamber of Deputies along with two proposed changes, including delaying the effective date from the original plan of September 2023 to early 2024. But the deputies could overrule the Senate.