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Eva Bernadet – attorney, owner and creator of the law firm

Eva had been cooperating in law practice with premium Czech and international advocate offices before becoming an independent solicitor in 2008/2009. In 2008 Eva founded and successfully led French division in the biggest Czech attorney office, in 2006-2008 Eva had been a senior attorney leading a labor law division in the most significant French attorney office and in 2003-2006 she had been a part of human resources division leadership of a French bank’s subsidiary.

  • Since her studies Eva has been focusing on the area of labor law, employment, including litigation and mediation. Prominent Czech and foreign companies, manufacturing establishments, bank and other financial institutions were always part of her clientele.
  • Eva successfully provides top managements, significant international corporations and manufacture enterprises with legal counseling. She brings into effect complex HR projects, outsourcing and outplacement proceedings and takes part in collective bargaining as well.
  • Eva Bernadet successfully represents her clients in major lawsuits, administrative proceedings and arbitration and she engages in certain due diligence too.
  • Besides native Czech language Eva speaks fluently French and English and these are of course the languages she provides legal counsel in.
  • She is an author of professional publications on both, national and international levels regarding mainly complex HR projects
  • Eva provides also lecturing. She is an acting lector of French-Czech commercial chamber in a long term; in the field of lecturing she cooperated with the companies ECONOMIA or ENS de Cachan for instance.
  • Eva is a member of French-Czech business chamber.

cabinet@bernadet.cz

CABINET BERNADET s.r.o., advokátní kancelář - LABOR LAW EXPERTS

After 4,5 years, expansion of highly specialized legal services that are being provided to our clients required transformation of our enterprise to a corporate form.

The law firm CABINET BERNADET s.r.o. was therefore founded in 2013 with a perspective to meet requirements of our highly demanding clients at a topmost level and preserve personal, practical and innovative approach to entrusted cases at the same time.

In the confusing amount of legal specialists on the Czech market, positives of our cooperation with clients lie according to their statements mainly in:

  • positive energy, which we spent on all client’s matters
  • professional cooperation without the effect of specific circumstances of a case
  • invention and innovative solutions even of rigid law areas
  • reactivity in solution of client’s demand
  • reliability proven by years of cooperation
  • realistic and pragmatic solution of specific cases
  • linking the legal and human approach in human resources area

Eva Bernadet is attorney at law and a member of Czech bar association (she passed attorney exams in 2003). Eva Bernadet obtained master’s degree in law at the Faculty of law of Charles university of Prague in 2000. In the years 1995-1997 she attended studies at the Faculty of law of Toulouse University 1 in France, where she cooperated with major French labor law specialists and attended studies at the Faculty of Philosophic of Charles University of Prague as well. 

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  • Covert labor relations solutions, dependent work, dissimulation of the employment
  • Damages observing the new Civil code in relation to the Labor code, liability of employees
  • Legal solutions of employer’s economic difficulties
  • Employment cessation, new dismissals reasons and invalidity of dismissals

WE ARE CREATORS OF INNOVATIVE LABOR PROJECTS

Our law firm is the proud author of innovative projects in the area of labor law and employment.

WE SHALL PROVIDE YOU WITH VERY SPECIFIC KNOW-HOW REDUCING SIGNIFICANTLY THE RISK OF INVALID EMPLOYMENT`S TERMINATIONS.

One of our innovative projects is a combination of various modus of termination of employment relationship that reduces significantly a possibility of filling successful lawsuit by an employee seeking the invalidity of termination of employment relationship.

Labor law and employment

Within our law firm’s labor law professional practice, we shall provide you with high-level cooperation and support, particularly in the following areas:

WE SHALL HELP YOU TO UNDERSTAND THE CZECH PRIVATE LAW RECODIFICATION OF 2014

The changes following the Czech private law recodification of 2014 affecting also the labor law, which we can help you to solve are the following:

  • Legislative novelties of the Czech labor law
  • The new Civil code in labor relations
  • New labor law principles in context of the new Civil code
  • Employer’s legal proceedings and power of attorney’s novelties
  • New principles of employee’s rights negotiations
  • Changes related to internal regulations and collective agreements
  • Innovative benefits of employees
  • Good manners and trade customs – influence on labor relations
  • New legal status of employer – family enterprise, participation on enterprise’s management, profit shares
  • Labor law contracts and agreements in accordance with the new Civil code
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Collective Bargaining

Mediation, labor law related lawsuits and arbitration representing, collective bargaining:

  • Negotiations with employees, managers
  • Negotiations with trade unions
  • Representation of employers in labor lawsuits in Czech courts
  • Representation of top employees in labor lawsuits in Czech courts
  • Representation in criminal proceedings, including preliminary hearings in the field of employment and corporations
  • Representation in arbitration
  • Intervention in case of work strikes or lockouts
  • Intervention in case of collective redundancies or redundancies in general

Representation in administrative proceedings before administrative authorities:

  • Representation in proceedings at labor office, labor inspectorate
  • Representation in proceedings at the office for personal data protection
  • Representation in administrative proceedings in general

cabinet@bernadet.cz

Lawsuits, Arbitration

IN CONTRAST WITH OUR COMPETITORS, WE CONDUCT OUR LAWSUITS SYSTEMATICCALY AND OFTEN ON THE HIGHEST JUDICIAL LEVELS (SUPREME COURT OF CZECH REPUBLIC, CONSITUTIONAL COURT OF CZECH REPUBLIC) WITH EXTENSIVE IMPORTANCE.

LAWSUIST ARE OF HIGH PRACTICAL IMPORTANCE FOR OUR CLIENTS – ACCORDING TO THE NEW PRINCIPLES OF CIVIL PROCEDURES OF 2014, JUDGMENTS ARE CONSIDERED IMPORTANT SOURCE OF LAW (CASE-LAW) AND AS SUCH CAN BE USED IN PREPARATIONS AND LEADING OTHER LAWSUITS OF SIMILAR NATURE.

DISCUSSIONS WITH JUDGES – PARTICULARLY OF SUPREME COURTS – PROVIDE US WITH UNIQUE AND DETAILED KNOW-HOW ON LAWSUITS PREVENTION AND ON SUCCESS IN UNAVOIDABLE LAWSUITS AS WELL.

We are therefore able to help you particularly with:

  • Interpretation of new principles of civil procedures, taking affect on 1. 1. 2014
  • Lawsuit prevention in the form of procedures and documentation preparation
  • Representation of your company or your top managers in labor or criminal law related lawsuits.
  • Negotiation as of court settlements and out-of-court settlement
  • Negotiations with counterparty
  • Professional analysis of lawsuits in process
  • Acquainting with essential judgments (case-law) affecting your lawsuits and procedures
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..Management contracts etc.

We shall effectively give you a counsel on:

  • Management contracts abiding the new Civil code and Business corporations act
  • So-called ‘authorization to business management’ creation
  • Contractual drafts of statutory bodies, that are authorized to business management at the same time
  • Drafts of internal principles of company’s business lead in compliance with Czech private law recodification
  • Limitation of liability in concurrence of functions cases
  • So-called directors and Officers insurance of statutory bodies
  • Effective set up of wages and bonuses in concurrence of function cases
  • Setting up general conditions for wages and bonus granting in concurrence of functions cases

Corporate law

THERE IS A NATURAL LINKAGE BETWEEN LABOR LAW AND CORPORATE LAW IN MODERN LABOR LAW ENVIRONMENT

THANKS TO OUR PROFOUND EXPERIENCES WE ARE ABLE TO ASSIST YOU IN THE FIELD OF COMMERCIAL LAW JUST AS WELL AS IN HR AREA

In long term we engage in lawsuits related to the so-called concurrence of statutory body and corporation’s business management functions.

WE SHALL HELP YOU GET ACQUAINTED WITH THE CZECH PRIVATE LAW RECODIFICATION OF 2014, WHICH REPLACES CURRENT COMMERCIAL CODE WITH THE NEW CORPORATIONS ACT

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Labor law and others

  • HOSPODÁŘSKÉ NOVINY (IHNED) interview on-line Advokátka Eva Bernadet online o pracovněprávních vztazích a související legislativě 
     
  • HOSPODÁŘSKÉ NOVINY Češi často nedodržují konkurenční doložky, interview
     
  • PRÁCE, MZDA., HR Management Prvních 14 dní nemoci proplatí lidem firma

 

Publications

CONSIDERING OUR SCOPE OF SPECIALISATION WE ARE OFTEN REQUESTED AS PROFESSIONAL AUTHORS OF MANY PUBLICATIONS RELATED TO LABOR LAW

OUR COOPERATION WITH PRÁVO, HOSPODÁŘSKÉ NOVINY, PRÁCE A MZDA JOURNALS BELONGS TO THE GROUP OF OUR MOST IMPORTANT PUBLISHING ACTIVITIES:

  • PRÁVO, Dnes Neplatné propouštění – vleklý spor může podnik zruinovat
     
  • PLC CROSSBORDER HANDBOOK Outsourcing v ČR – právní úprava korporátní a pracovněprávní
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  • Concurrence of statutory body and head / leading employee (contracts, clauses, remuneration)
  • Transfers of employees, outsourcing, outplacement
  • The Labor office’s supervision, inspections, procedures, sanctions

The seminars contents and goals are informative and adaptable to specific demands of clients.

The seminars are interactive – working with tangible and specific documents that client actually uses in his practice is a part of the seminars as well as a review of the documents from the legal expert’s point of view. Thus client is able to apply acquired knowledge immediately and obtains his documentation revised at the same time.

The seminars take place: in office of a client or in the conference room of our office, Ovocný trh 11, Praha 1.

Recommended number of persons: depending on client’s needs, with respect to the capacity of our office.

Language: Czech or English. Seminars can be conducted in comparative form as well (eg. comparison of Czech and European Union’s or French legislature, which is helpful for foreign managers in terms of understanding).

Expert lecturer: Eva BERNADET, in person

Bespoke seminars

OUR CLIENTS FANCY THE SO CALLED BESPOKE SEMINARS AND COURSES WHICH WE ARE ABLE TO PROVIDE IN COMPLIANCE WITH THEIR NEEDS IN THE PREMISES OF OUR OFFICE OR IN OFFICE OF A CLIENT OR IN HIS TRAINING FACILITIES

BELOW WE MENTION EXAMPLES OF OUR MOST SUCCESFUL RECENT LECTURES

LABOUR LAW, HR AND EMPLOYMENT FOLLOWING THE PRIVATE LAW RECODIFICATION EFFECTIVE AS OF 1.1.2014

SEMINARS CONTENTS: 

  • Labour code – current changes in relation to the new Civil code effective as of 1.1.2014
  • Labour minimums of managers – new legal regulations after 1st January 2014
  • New HR  obligations review observing the recodification of 2014
  • Maternity and parental leave’s ending – obligations, documents
  • Cessation of employment – procedures, conditions, documents
  • HR expenses optimization, remuneration of employees, occupational benefits
  • Occupational injuries, diseases , prevention, solution, documents
  • Health and safety regulations as for manufacturing enterprises
  • Collective agreements, rights and obligations of trade unions
  • International mobility within EU
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RECENTLY EVA BERNADET ACCEPTED THE FUNCTION OF ORGANIZER OF NEWLY INITIATED “HR CLUB“, WHICH IS BEING ESTABLISHED BY EVA TOGETHER WITH THE CHAMBER AND IT‘S MEMBERS.

FIRST MEETING OF THE HR CLUB IS SCHEDULED ON 2013.11.21, BEFORE THE OPENING OF TRADITIONAL “BEAUJOLAIS NOUVEAU“ EVENING, WHICH IS BEING ORGANISED BY THE CHAMBER EVERY YEAR ON THE THIRD THURSDAY IN NOVEMBER.

  • LECTURES – QUALIFICATION
  • LECTURES, LECTURE ACTIVITIES
  • CURRENT LECTURES
  • PARTICIPANTS REVIEWS

Lectures

UNFORTUNATELY WE HAD TO RESTRICT OUR LECTURE ACTIVITIES DUE TO INCIREASE IN OUR CLIENTS NEEDS.

THUS RECENTLY IN LECTURING WE COOPERATE EXCLUSIVELY WITH FRENCH – CZECH COMMERCIAL CHAMBER WHERE WE REGULARLY CARRY OUT SUCCESFUL PROFESSIONAL COURSES FOR CHAMBER MEMBERS AND NON-MEMBERS –  NATURAL AND JURIDICIAL PERSONS.

CURENTLY ACTIVE COURSES, BEING PREPARED WITH COOPERATION WITH THE CHAMBER YOU WILL FIND HERE.

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  • GDF SUEZ GROUP
  • MITSUBISHI AUTOMOTIVE ELECTRIC
  • PEUGEOT ČESKÁ REPUBLIKA
  • PRECIA MOLEN
  • RAIFFEISENBANK
  • RENAULT ČESKÁ REPUBLIKA
  • SCHNEIDER ELECTRIC
  • SPAR ČESKÁ REPUBLIKA
  • TESCO STORES ČR
  • TRIXUS
  • VALEO GROUP

References

OUR LAW FIRM COOPERATES SUCCESFULLY AND IN THE LONG TERM WITH CORPORATIONS MAINLY, BUT WE REPRESENT COMPANY`S TOP MANAGERS AS WELL.

OUR MOST DEVOTED CLIENTS ARE NAMELLY:

  • AKUMA FIAMM GROUP
  • ARCELOR MITTAL GROUP
  • BNP GROUP
  • CREDIUM
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Bernadet

Contacts

CABINET BERNADET s.r.o., advokátní kancelář (law firm)

Official Seat:
Ovocný trh 572/11
110 00, Prague 1, Old Town
cabinet@bernadet.cz

Registered at:
Městský soud v Praze, oddíl C, vložka 211930
ID No.: 017 97 255
Tax ID No.: CZ 017 97 255

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Long-term lawsuits our office successfully conducts became a breakthrough cases in the labor law of Czech Republic. Continual professional debates with judges on court levels enable us to acquire practical knowledge of lawsuits, which are indeed useful for different solutions of our clients’ current needs.

Finally, preserving a minimalistic and premium conception of our office is our main goal. We wish to continue working in minimalistic team, the only thing that allows highly personal and reasonable approach to all clients and cases.

About us - more

We understand a modern advocacy as a linkage between detailed and up-to-date Czech and European legal knowledge and the ability of analytical, accurate and comprehensible help to a client according to his needs.

We have been systematically achieving and retaining position of specialists of labor law in the Czech market, which is why we can maintain high level of continual education in this body of law and high influx of detailed and personally acquired experience at the same time.
 

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  • Human resources outplacement and outsourcing
  • Decrease in the amount of agency employees
  • Alternation of employee job description
  • Relocation of employer
  • Full and partial market withdrawal of employer, bankruptcy, liquidation
  • Redundancy of employees
  • Effective and legal methods of human resources expenditures decrease

With regard to work agency employment, we can assist you namely during:

  • Alternations of agency employment
  • Rights and duties of work agency and employer
  • Damages liability related to an employee of work agency
  • Acquiring of the license for intermediation of work
  • General agreements regarding temporal assignment / secondment of employees to another employer by work agency
  • Tripartite and bilateral contracts of temporal assignment of employees within European union
  • Conditions of so-called “comparable employees”
  • Health insurance, social insurance, and taxation of agency employees

WE SHALL ASSIST YOU IN SETTING UP INTERNAL REGULATIONS OF YOUR BUSINESS CONVENIENTLY AND EFFECTIVELY

A work out process of internal regulation documents takes into consideration the Czech private law recodification of 2014 of course, particularly with regard to following issues:

  • Creation and alternation of employment conditions
  • Creation and alternation of wage conditions
  • Creation and alternation of employer’s general internal regulations
  • Operating manuals checkout
  • Employment and wage conditions in bargaining process with trade unions
  • Practical application of employment and wage conditions

WE SHALL SET UP DISCIPLINARY PROCEDURES OF YOUR COMPANY TOWARDS EMPLOYEES EFFECTIVELY, SIMPLY AND CLEARLY, WITH RESPECT TO CZECH JUDICIAL REQUIREMENTS

Within disciplinary procedures we shall work out:

  • Written notice on violation of employee’s legal duties
  • Written notice on unsatisfactory work results and notice on non-meeting certain job requirements
  • Proceedings foregoing a violating legal duties dismissal
  • Proceedings foregoing a unsatisfactory work results dismissal
  • Labor related sanctions
  • Financial penalties
  • Alternation of job description as a sanction

We shall work out correct procedures regarding redundancies to create advantageous status of your company in potentially related lawsuit:

  • Effective system of written notices
  • Interpretation of 3 stages of legal obligations violation intensity
  • Redundancy in trial period
  • Redundancy  regarding indefinite period employment
  • Cessation of employment agreements
  • Dismissals, course of period of notice
  • Severance pay according to law and severance pay agreements
  • Financial compensations based on employment severance
  • Application of non-compete and other clauses joint with employment severance
  • Immediate employment termination
  • Protective periods stated by law
  • Legal restrictions of dismissal and immediate employment termination
  • Cessation of employment as a result of employee’s death, inheritance / succession proceedings
  • Cessation of employment of foreigners, deportation, working license expiration, residence permits
  • Experiences in void employment severance lawsuits

WE SHALL ADVISE YOU ON PREVENTION OF DISCRIMINATION OF EMPLOYEES

We shall set up regulations for present and future employees, regarding for instance:

  • Employer’s information duties
  • Employer’s duties in process of hiring
  • Employer’s duties towards new employees
  • Discrimination restrictions within employment
  • So-called “comparable employees” conditions
  • Work agency employees conditions
  • Conditions of employees transferred in the process of outsourcing

WE SHALL ASSIST YOU IN SETTING UP WAGE CONDITIONS WITH RESPECT TO NEW LEGAL DEMANDS OF RECODIFIED CZECH PRIVATE LAW

In the area of business travels, wages and payoffs we shall advise on:

  • New principles related to salaries according to the Labor code and observing recodification of Czech private law of 2014
  • Business travel reimbursement and business traveling in general
  • Employees benefits
  • Employees pensioners schemes
  • Salaries arranged in work contract and in wage assessment
  • Claimable and non-claimable components of salary
  • Stated-by-law bonuses for overtime, night work, weekend work and work on holiday
  • Tax payments pertaining contractual and legal severance payments
  • Tax payments pertaining non-compete clauses
  • Enumeration of average earnings, average hourly earnings

WE HAVE NUMEROUS PRACTICALL AND POFESSIONAL EXPERIENCES IN THE AREA OF HEALTH AND SAFETY, CONSIDERING MANUFACTURING ESTABLISHMENTS AS WELL

We are therefore able to assist you professionally and in detail within:

  • Health and safety regulations on workplace
  • Rights and duties of employees
  • Rights and duties of employers
  • Occupational injuries, occupational diseases
  • Medical examinations, occupational health area news
  • Damages, restitutions, aggravation of social position compensations
  • Alcohol and addictive substances abuse on workplace, supervision, sanctions
  • Violation of health and safety regulations by employees and protection of employer
  • Review or complex creation of health and safety documentation

WE SHALL HELP YOU GET ACQUAINTED WITH NEW PRINCIPLES OF EMPLOYEE – CARE

We are competent to assist you for instance in:

  • Supplementary pension of employees
  • Life insurance of employees
  • Employee share plans
  • Wage settlements for incapacity periods
  • Early retirement
  • Working conditions of women, nursing women, women after childbirth, employees on maternity leave and parental leave
  • Working conditions of youthful employees

THE AREA OF OUR SERVICE IS OF COURSE WIDER THAN ABOVE MENTIONED.

THUS DO NOT HESITATE TO CONTACT US WITH CONFIDENCE IN POTENTIAL SOLUTION TO ALL YOUR PROBLEMS AND DEMANDS IN THE SPHERE OF LABOR LAW AND EMPLOYMENT.

 

Labor law and enployment - more

In the context of case law established by the Supreme Court of the Czech republic, we have acquired a unique know-how related to:

  • Combination of two forms of dismissals
  • Effective elimination of invalid notices related to employment termination
  • Consecutive implementation of various modus of employment termination – notice for termination and immediate employment termination
  • Combination of immediate employment termination and subsequent notice for termination of employment relationship
  • Damages claims in connection to the termination of the employment relationship, that intensifies the interpretation of level employee’s violation of his/her obligations related to the work

WE KNOW HOW TO SATTISFY ACTUAL NEEDS OF YOUR BUSINESS PARTNERS CONCERNING HUMAN RESSOURCES WITHOUT EMPLOYING NEW EMPLOYEES

We developed innovative procedure of providing ad hoc human resources by respecting contra-crisis precautions established and imposed by our clients (full time employees budgets) – HR outsourcing through providing of services:

  • without the necessity to apply for the agency employment, ie. Without a need to obtain specific license for intermediate employment
  • without temporary assignment / secondment of employees
  • exclusively using commercial relations – ie. provision of services
  • with a liability on the side of provider of services exclusively
  • with an insured provider of services
  • with all the advantages of commercial relation and at the same time with respect to all legal labor regulations

WE SHALL ADVISE YOU ON EFFECTIVE DEALING WITH GOVERNMENTAL SUPERVISION AND CONTROL PROCESS IN THE AREA OF EMPLOYMENT

We are extensively experienced in questions related to governmental supervision and control concerning labor law and employment, as follows:

  • Enforcing inspected person’s rights within an inspection
  • Observing Inspector’s duties and rights in relation to inspected person
  • Concerning employees-related documents storing on a place of performance of work
  • Enforcing Inspected person’s rights and duties within separate phases of governmental inspection and control
  • Concerning procedures of appeal against inspection`s protocol of control
  • Advising during Procedures of objections to the process of inspection
  • Advising during Procedures concerning guarantees of third entities for illegal employment
  • Advising during Administrative procedures related to penalties for employment offences
  • Assistance during Lawsuits related to offences in the field of employment

WE SHALL ADVISE YOU HOW TO USE EMPLOYEES OF YOUR SUBSISDIARIRES IN A INTERNATION GROUP OF COMPANIES

We put into effect numerous international projects related to international lease of manpower between companies within a group of employers:

  • Outsourcing of HR within a business group
  • Temporary assignment / secondment of employees within a group of employers
  • License for intermediation of work in relation to any kind of employment
  • Employees transfers according to regulations of European union
  • Transition of rights and duties within employment relations
  • Provision of services between members of a group of employers by using the outsourcing of HR

WE SHALL ADVISE YOU HOW TO USE HUMAN RESOURCES WITHOUT CREATING AN EMPLOYMENT RELATIONS AND WIHTOUT A RISK RELATED TO THE DISSIMULATIONS OF WORK

We assisted our clients in the area of governmental inspections and lawsuits, namely by:

  • Creating contract forms eliminating a possibility of circumvention of employment relation
  • Adjusting cooperation and working conditions of HR during provision of services– natural and juridical persons
  • Adjusting of factual and contractual cooperation with subcontractors – natural and juridical persons – eliminating the possibility of circumvention of employment relation

WE ARE ABLE TO ESTABLISH LABOR CONTRACTS AND AGREEMENTS IN COMPLIANCE WITH THE NEW CIVIL CODE

We have established deep experiences and know-how regarding employment and management contracts and contractual documentation for joint performance of function of the top management and the members of the statutory body of business companies.

Individual contracts:

  • Employment contracts complying with the new Civil code
  • Managerial contracts and contracts of leading employees and top management respecting the new Civil code
  • Insurance of members of statutory bodies liability
  • Other work agreements
  • Innominate contracts within labor law
  • Increase of qualification agreements
  • Non-compete clauses, non-disclosure clauses, „non-hiring“ clauses, copyright clauses
  • General and individual contracts in the area of temporary assignment / secondment of employees to a third party
  • Overtime and “on-call” agreements
  • Liability agreements (property liability)
  • Damages related contractual deeds based on the new Civil code
  • Wage deductions agreements and damages agreements related to damage caused by employees

WE SHALL SET UP YOUR COMPANY’S COLLECTIVE RIGHTS AND OBLIGATIONS OF EMPLOYEES CORRECTLY AND EFFECTIVELY

Numerous experiences pertaining collective bargaining and litigation and lawsuits against trade unions and their members allowed us to acquire a unique know-how regarding:

  • New collective agreements, including a process of bargaining with trade unions
  • Changes and amendments to collective agreements, including negotiations
  • Collective bargaining, including work strikes and lockouts regimes
  • Advanced collective agreements and their application in relation to employer
  • Trade union’s information and related discussions
  • Councils of employees, ‘health and safety at work’ deputies, and European employees councils
  • Rights and duties of employer towards trade unions
  • Foundation of trade union, election arrangements and organization
  • Collective agreements  transfers to third parties within a process of outsourcing

WE SHALL ANALYSE VALIDITY OF NEWLY FORMED TRADE UNION OPERATING WITHIN YOUR COMPANY.

WE SHALL ASSIST YOU WITH TRADE UNION MEMBERS REDUNDANCIES, INCLUDING RELATED LAWSUITS.

DURING CONTINUAL ECONOMIC RECESSION OF SOME ECONOMIC SPHERES AND EXPANSION OF OTHERS, WE SHALL GIVE ADVISE ON EFFICIENT RESTRUCTURING OF YOUR COMPANY.

We can assist you in the process of business restructuring, that is eg.:

  • Mass dismissals
  • Administrative changes avoiding mass dismissals
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As such we are able to advice efficiently on complicated outsourcing projects and transfers of labor related rights and duties:

  • HR outsourcing as a result of outsourcing of certain operations and activities of a company
  • Application of EU regulations regarding HR area
  • Employer – Service provider contracts
  • Transfer of employees mediation in relation to trade union and employees
  • Transfers of collective agreements to a third party
  • Discrimination of transferred employees
  • Wage and HR obligations settlement before outsourcing initiation

In our legal practice we come across damages issues also:

  • Employee’s liability for a damage caused to employer
  • Manager’s liability for a damage caused to employer
  • Liability of statutory bodies
  • Employer’s liability for a damage caused to employee or manager
  • Work agency’s liability for a damage caused to employee or manager
  • Work agency’s liability for a damage caused to consumer
  • Service provider’s liability
  • Liability revocation and related causae
  • Solutions of insured events, recourses
  • Liability agreements according to 2014 private law recodification

Corporate law - more

As of your business’s due diligence, we are competent to analyze particularly:

  • Labor related and corporate documentation in general
  • Weak points of contracts, agreements etc. with respect to the 2014 private law recodification
  • Alternations of corporate documentation to achieve it’s conformity with the recodification
  • Procedural risks of your company in labor and corporate scope
  • Practical recommendations of various proceedings within your business

ON THE ACCOUNT OF COOPERATION WITH MULTINATIONAL COMPANIES WE ACQUIRED ACCURATE KNOW-HOW ON PERSONAL DATA SUBJECT AS WELL

We are therefore capable of counsel for instance in:

  • Rights and duties of personal data manager
  • Rights and duties of personal data processor
  • Rights of job applicant as a personal data subject
  • Rights of employee as a personal data subject
  • Employee’s personal documentation – access, management, archiving, destruction
  • Processing and keeping of personal data consents
  • Drafts of contracts, clauses, declarations and consents
  • Confidential personal data, birth numbers, criminal register extracts
  • Proceedings at Office for personal data protection
  • Introducing supervisory features to a workplace (supervision of e-mails, internet access, monitoring of calls, inspection of brought in/brought out objects etc.)

WE ARE EXPERIENCED IN NATIONAL AND MULTINATIONAL OUTSOURCING TRANSACTIONS

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8. HEALTH AND SAFETY– current modifications/novelties and recommendations

RECOMMENDED SEMINAR’S LENGHT: with regard to extent of the subject we recommend all-day or even two-day seminar. The seminar is primarily intended for specialists and responsible representatives for health and safety and HR managers.

THE SEMINAR’S GOALS ARE:

  • to acquaint participants with fundamental principles and guidelines of health and safety following legal labor regulations,
  • to explain essential procedures in the area of health and safety (e.g. occupational injuries and diseases, physical inspections, job categories, shifts),
  • to inform participants about practical recommendations regarding labor documentation of health and safety (e.g. injuries casebook, occupational injury report, acquainting employees with health and safety regulations, preliminary, periodical and outgoing physical inspections),
  • to demonstrate application of health and safety regulations in practice along with answering specific questions of participants.

THE SEMINAR’S CONTENTS:

  • health and safety principles following the Labor code,
  • rights and duties of employer,
  • rights and duties of leading employees, employees and representative for health and safety,
  • liability of employer related to occupational injuries (damages and other claims),
  • employee’s liability related to occupational injuries (alcohol, other harming substances, non-attendance of preliminary, periodical or outgoing physical inspection),
  • legal labor documentation in health and safety area,
  • forms of physical inspections, cooperation with the so called company doctors,
  • injuries casebook, occupational injury report, occupational disease report,
  • occupational injury / disease insurance of an employer’s liability,
  • compensation for occupational injury / disease.

9. COLLECTIVE AGRREMENTS, COLLECTIVE BARGAINING, NEGOTIATIONS WITH TRADE UNIONS

RECOMMENDED SEMINAR’S LENGHT: in compliance with client’s demands – it is possible to conduct the seminar in form of a half-day managerial minimum or in form of an all-day or even two-day lecture in detail. Interactive training negotiation with trade union is a part of the seminar too.

THE SEMINAR’S GOALS ARE:

  • to acquaint participants with collective bargaining in essence and with it’s principles
  • fundamental parts of a collective agreement, part dealing with wages
  • preparation for collective bargaining in an interactive form
  • to prepare participants for risks related to negotiations with trade unions – work strike, lockout, arbitration and mediation
  • to notify participants of a possibility to enact internal wage assessment independently, in accordance with the Constitutional court’s judgment

THE SEMINAR’S CONTENTS:

  • collective agreement as a source of law, recommended text, contains
  • independent wage assessment following the Constitutional court’s judgment – collective agreement not comprising wage issues
  • creation, foundation and valid existence of trade union within an employer
  • higher level collective agreements and their validity and obligation regarding a sector employer
  • trade unions plurality, determination of the trade union which is employer entitled and obliged to bargain with
  • rights and duties of an employer and a trade union
  • informatory and bargaining obligations
  • process of conclusion of a collective agreement, it’s changes, prolongation of validity and effectiveness
  • risks related to collective bargaining and their solutions
  • interactive training concerning crucial moments of collective bargaining

10. INERNATIONAL MOBILITY WITHIN THE EUROPEAN UNION – legal point of view

RECOMMENDED SEMINAR’S LENGHT: the seminar is aimed primarily to HR specialists and managers responsible for international mobility sector. With regard to the extent of given subject it is more suitable to conduct the seminar as an all-day one. In accordance with client’s demands it is possible to conduct the seminar in cooperation with fiscal assessors (advisory company of the “big 5”), so that participants can get acquainted even with tax aspects of international mobility.

THE SEMINAR’S GOALS ARE:

  • to acquaint participants with the principles of international mobility following Czech law with the help of specific examples and model situations, in which particular models of international mobility take effect,
  • to inform participants about the latest judicial practice in the sphere of agency employment and to recommend specific and appropriate text of contracts and other legal labor-related documents.

THE SEMINAR’S CONTENTS:

  • international mobility following the Czech law,
  • delegation of national experts to institutions of the EU,
  • Agency employment / licenses by General management of the Labor office,
  • human resources secondment (legal and economic employer),
  • expatriation of managers,
  • HR outsourcing in the EU,
  • contractual documentation related to international mobility.

11. CONCURRENCE OF FUNCTIONS OF STATUTORY BODY AND HEAD / LEADING EMPLOYEE -(CONTRACTS, CLAUSES, REMUNERATION) FOLLOWING RECODIFICATION AND NEW BUSINESS CORPORATIONS ACT

RECOMMENDED SEMINAR’S LENGHT: in case the managers in question will be participating in person it is possible to conduct the seminar in form of a half-day managerial minimum. As to HR specialists the seminar can be administered in an all-day form in more detail.

THE SEMINAR’S GOALS ARE:

  • to acquaint participants with the recodification taking effect on 1. 1. 2014, particularly with regulations of the new Business corporations act.
  • to notify participants about concurrence of functions and authorization to perform business management in the means of new regulations.
  • to advise participants to specify and separate managerial and statutory functions correctly
  • to recommend specific text of contract of statutory body function and  managerial contract
  • to advise participants on process of granting bonuses for statutory bodies and managerial positions, principles of unpaid position of a statutory body

THE SEMINAR’S CONTENTS:

  • judgments of the Supreme court of the Czech republic related to concurrence of  functions of statutory body and top managers
  • new legal regulations in effect as of 1. 1. 2014
  • possibilities of concurrence of functions, setup of functions by internal regulations, company’s management outwards and inwards
  • liability of statutory body function and of managerial position
  • liability insurance, “D & O“ insurance
  • remuneration layouts, unpaid function
  • difference among mandate contract, contract of service of statutory body and management contract
  • recommended wording of mandate contract, contract of service of statutory body and management contract
  • contractual clauses (non-compete, non-disclosure, non-hiring, etc.) and their enforcement

12. TRANSFERS OF EMPLOYEES, OUTSOURCING, OUTPLACEMENT

RECOMMENDED SEMINAR’S LENGHT: in case the managers will be participating in person it is possible to conduct the seminar in form of a half-day managerial minimum. As to specialists in given sphere the seminar can be administered in an all-day form in more detail.

THE SEMINAR’S GOALS ARE:

  • to acquaint participants with definition and legal regulations of the so called transfer of labor rights and duties
  • to inform participants about labor proceedings and proceedings within outsourcing projects
  • to acquaint participants with recommended text of the transfer contracts within the process of selling an enterprise or it’s part or within the process of merger, acquisition or other company’s transformation process
  • to advise participants on the conditions of transfers – transfer of labor contracts, collective agreements, wage assessments, internal regulations
  • recommended tangible documentation, processes and procedures within transfer of employees

THE SEMINAR’S CONTENTS:

  • definitions of transfer of employees and it’s examples in practice
  • transferred groups of employees and their rights and duties
  • labor and wage audit foregoing a date of transfer – limitation of liability of retiring employer and incoming one
  • guarantees related to employees being transferred
  • recommended text of transfer of employees contracts
  • informatory and bargaining obligations towards employees, representatives of employees and trade unions
  • review of the rights and duties being transferred
  • guidelines of transfers of labor contracts and wage assessments
  • guidelines of transfers of collective agreements and internal regulations
  • guidelines of transfers of labor related lawsuits, procedural succession
  • obligations regarding the Labor office and the Labor inspectorates in relation to transfer
  • judicial decisions in the sphere of transfers of employees and recommendations to be used in practice

13. THE LABOR OFFICE’S, THE LABOR INSPECTORATE’S SUPERVISION, PROCESS, SANCTIONS

RECOMMENDED SEMINAR’S LENGHT: in case the managers will be participating in person it is possible to conduct the seminar in form of a half-day managerial minimum. As to specialists in given sphere the seminar can be administered in an all-day form in more detail.

THE SEMINAR’S GOALS ARE:

  • to acquaint participants with rights and duties of an employer within supervisory activities of the Labor office and the Labor inspectorates
  • to inform participants about administrative procedures regarding inspection objections following the Governmental supervision act, and about administrative procedures observing the Administrative procedure code
  • to notify participants of current supervisory practice of the Labor office and the Labor inspectorates
  • to acquaint participants with potential sanctions and administrative penalties as a result of an inspection
  • to inform participants about up to date decisions of supervisory bodies

THE SEMINAR’S CONTENTS:

  • rights and duties of an employer within supervision of the Labor office
  • rights and duties of an employer within supervision of the Labor inspectorates
  • administrative procedures regarding inspection objections following the Governmental supervision act, and administrative procedures following the Administrative procedure code
  • inspection protocol, contents, process, conditions
  • current supervisory practice of the Labor office and the Labor inspectorates
  • supervisory sanctions, administrative penalties
  • the most common failings and mistakes within supervisory proceedings
  • recommendations as to supervisory process and documentation
  • up to date supervisory decisions of supervisory bodies and their effects on practice of concerned parties

seminars and bespoke courses - more

LABOUR CODE -  ongoing changes in relation to the private law’s recodification of 2014

RECOMMENDED SEMINAR’S LENGHT: in compliance with client’s demands: two-day, all-day, half-day

THE SEMINAR’S GOALS ARE:

  • to acquaint participants with current changes of the Labour code following the new Civil code
  • to review legislature development in complex, including anticipated transitions taking effect as of 1.1.2014
  • to advice participants on legal obligations related to conclusion of employment contract, commence of employment, alternation and cessation of labour relations
  • to apply newly acquired knowledge on specifically selected questions and issues of participants
  • to work with factual labor-related documents of participants – employment / work rules, labor contracts, dismissals, rebukes, etc.

THE SEMINAR’S CONTENTS:

  • beneficial experience on conclusion of labor relations
  • work agreements outside the employment relation, trainees, external cooperation
  • alternations of labor relation, their actual usage, frequent problems
  • employment cessation – changes, important issues and judgments
  • new legal labor-related institutes, legislative development under the influence of recodification of private law, effective as of 1.1.2014
  • practical recommendations and hints
  • answers to specific questions of seminar’s participants

LABOUR MINIMUMS OF MANAGERS

RECOMMENDED SEMINAR’S LENGHT: in compliance with client’s demands: two-day, all-day, half-day

THE SEMINAR’S GOALS ARE:

  • to acquaint managers with all crucial aspects of labor law, so they can be applied in practice immediately
  • to notify managers about potential risks in the legal area of labor
  • to answers specific questions of managers and to apply acquired knowledge on specific examples
  • to notify managers about labor differences between Czech and European union’s legislature or Czech and French legislature  in form of practical comparison

THE SEMINAR’S CONTENTS:

  • essential principles of Czech labor law as of 1.1.2014
  • contractual freedom, labor contracts and other agreements
  • maternity leave, parental leave and sick leave
  • remuneration of employees, benefits
  • cessation of employment
  • head / leading employees conditions (concurrence of functions, contracts, overtime, non-competition, call-offs)
  • working hours, overtime
  • other issues demanded by client

OVERVIEW OF HR MANAGEMENT’S LABOR OBLIGATIONS OBSERVING RECODIFIED REGULATIONS OF PRIVATE LAW AFTER 1.1.2014

RECOMMENDED SEMINAR’S LENGHT: in compliance with client’s demands: two-day, all-day, half-day

THE SEMINAR’S GOALS ARE:

  • to acquaint participants with new HR management’s obligations in effect as of 1. 1. 2014
  • to notify HR managers about essential obligations following the Labor code
  • to notify HR managers about essential obligations following the Employment act
  • to acquaint participants with fundamental risks within governmental supervision and sanctions
  • to provide practical recommendations
  • to answer specific questions of seminar’s participants

THESEMINAR’S CONTENTS:

  • New principles of legal regulations in the HR area as of 1. 1. 2014
  • HR manager’s obligations observing the Labor code and the New civil code
  • HR manager’s duties as to wages / salaries
  • HR manager’s duties following the Employment act
  • Supervisory proceedings of the Labor office and the Labor inspectorates
  • Sanctions in the employment sphere

4. MATERNITY AND PARENTAL LEAVE’S EXPIRATION – GUIDELINES, REGULATIONS, DOCUMENTS

RECOMMENDED SEMINAR’S LENGHT: in compliance with client’s demands: two-day, all-day, half-day

THE SEMINAR’S GOALS ARE:

  • to acquaint participants with rights and duties of employer and employee as to maternity leave’s period expiration
  • to acquaint participants with rights and duties of employer and employee as to parental leave’s period expiration
  • to recommend appropriate documentation to be used in relation to employees substituting those on maternity and parental leave
  • to inform participants about the possibilities to lawfully cease employment of employees taking maternity and parental leave
  • to acquaint participants with recent rulings of courts regarding maternity and parental leave

THE SEMINAR’S CONTENTS:

  • new legal principles of maternity leave period’s expiration
  • _new legal principles of parental leave period’s expiration
  • integration of employee in accordance with labor contract – procedures
  • obligatory severance pay – conditions, requirements, proceedings
  • cessation of employment of an employee on maternity leave – procedures and risks
  • cessation of employment of an employee on parental leave – procedures and risks
  • court decisions regarding maternity and parental leave
  • clauses in labor contracts
  • cooperation of employees on maternity / parental leave with employer or other persons – procedures, regulations

5. EMPLOYEMT CESSATION – procedures, documentation

RECOMMENDED SEMINAR’S LENGHT: It is possible to conduct the seminar in form of a managerial minimum in half a day or in form of a complete one-day or two-day training of HR managers and specialists.

THE SEMINAR’S GOALS ARE:

  • to acquaint participants with the newest tendencies as to cessation of employment
  • to review practical experiences regarding up to date decision-making of Czech courts and current legislature
  • to notify about risks of employment cessation from an employee’s / employer’s point of view
  • to recommend appropriate labor contract’s conditions and bargain conditions to minimize risks of potential lawsuit in case of an employment cessations and to minimize risks in general
  • to answer specific questions of participants and to demonstrate potential risks in practice along with recommendations diminishing the risks

THE SEMINAR’S CONTENTS:

  • employment cessation within trial period, limitations, proceedings
  • temporary employment cessation, risks, proceedings
  • employment termination agreements based on administrative cause or without cause, text, proceedings
  • dismissal based on administrative cause, risks, procedures
  • dismissal as for employee’s violation of obligations related to performed work (previously violation of labor discipline), text, procedures
  • dismissal as for unsatisfactory work results (non-meeting criteria and qualification), risks, procedures
  • dismissal as for health reasons and restraints regarding an employee, proceedings
  • immediate employment severance, risks, procedures
  • severance pay and other compensatory money related to employment termination, risks
  • non-compete clauses, recommendations, wording and risks
  • other cause of employment cessation (employee’s death, foreigners), procedures
  • collective redundancies and cooperation with trade unions as to employment cessation, procedures
  • claims based on invalid employment termination, effect of lawsuits in practice
  • practical recommendations – labor documentation’s wording and condition’s setting so that risks of employment cessation are diminished

6. HR EXPENSES OPTIMIZATION, REMUNERAION, OCCUPATIONAL BENEFITS

RECOMMENDED SEMINAR’S LENGHT: It is possible to conduct the seminar in form of a managerial minimum in half a day or in form of a complete one-day training of HR managers, specialists and responsible representatives for wage issues

THE SEMINAR’S GOALS ARE:

  • to acquaint participants with alternatives of HR expenses optimization
  • to acquaint participants with possibilities of new internal schemes of remuneration (in accordance with Constitutional court’s judgment); along with existing collective agreement as well
  • to recommend certain schemes of occupational benefits, remuneration concepts and text of wage assessment to participants
  • to advise participants of the most suitable labor contract’s, job description’s and wage assessment’s wording with regard to the practice of participants
  • to advise to HR expenses taxation

THE SEMINAR’S CONTENTS:

  • negotiated wage and wage assessment-stated wage
  • wage changes (decrease) within existing labor relations
  • financial sanctions in employment relations (salary cuts, contractual penalties, other sanctions)
  • Constitutional court’s judgment – possibility to enact internal wage assessment while a collective agreement is in effect
  • wage assessments, schemes of benefits and their nature
  • recommended wage assessment’s and labor contract’s wording as to benefits issues
  • effective remuneration of managers and statutory bodies
  • wage taxation as to health care and social welfare, severance pay, remuneration of statutory bodies
  • remuneration of sent out employees within the sphere of mobility
  • 7. OCCUPATIONAL INJURIES AND DISSEASES, PREVENTION, SOLUTIONS, DOCUMENTATION

    RECOMMENDED SEMINAR’S LENGHT: It is possible to conduct the seminar in form of a managerial minimum in half a day or in form of a complete one-day or even two-day training of HR managers and specialists

    THE SEMINAR’S GOALS ARE:

  • to acquaint participants with new legal regulations in given area
  • to acquaint participants with definition of occupational injury and it’s differences to other workplace incidents / accidents
  • to inform participants about proceedings related to occupational injuries, including obligations to insurance company and governmental offices
  • to acquaint participants with judicial rulings regarding occupational injuries and diseases
  • to recommend specific wording of labor contracts and other internal documents regarding health and safety area to participants
  • to demonstrate proceedings regarding occurred occupational injury / disease in relation to liability of employer in practice
  • to recommend precautionary measures eliminating a possibility of occupational injury’s / disease’s occurrence
  • THE SEMINAR’S CONTENTS:

  • definition of occupational injury
  • definition of occupational disease, occupational disease threat
  • procedures in case of occurrence of occupational injury on workplace, occupational injury’s records, reporting an occupational injury
  • conditions of employer’s liability as to occupational injury
  • exemptions regarding employer’s liability
  • damages cuts based on employer’s decision
  • damages and other claims in court, principles, procedures, process in general
  • employee’s liability in case of violation of health and safety regulations
  • court judgments in occupational injuries sphere – recognition of injuries, employer’s liability and it’s limitation, damages cuts and their conditions
  • recommendations to labor contracts text as to high-risk categories of employees, occupation injury report’s wording
  • recommendations to procedures and risks in health and safety sphere
  • health and safety related documentation