5 most common employer mistakes after the flexi-amendment to the Labour Code

Key changes brought by the flexi-amendment to the Labour Code from June 1, 2025, have introduced many practical changes for employers. The Partner of our employment law team, Jaroslav Škubal, therefore focused on 5 common mistakes that employers make in connection with the amendment.

1️⃣ Confusion in notice periods

  • The change in the length and running of notice periods introduced by the flexi-amendment brought a significant intervention into established dismissal rules. Many employers have not yet managed to orient themselves in the changes and apply notice periods variously (sometimes the old, sometimes the new regulation), which can lead to disputes. It is necessary to review employment contracts and determine what exactly was agreed, and based on this review, choose the correct approach.

2️⃣ Failure to consider changes in notice periods when implementing organizational changes

  • When deciding on organizational changes, employers often do not realize that notice periods will now expire at the end of the month only exceptionally (the end of the notice period now depends on the day of delivery of the notice). If employers "go the old way" and set the effectiveness of organizational change (position abolition) at the end of the month, even though the notice is delivered during the month, the dismissal will be invalid.

3️⃣ Incorrect use of electronic signatures and delivery

  • The flexi-amendment has again somewhat simplified electronic signing and delivery of employment law documents. However, for important documents (especially dismissals or wage statements), additional conditions for their digitization still apply, and failure to meet them risks invalid dismissal or fines from control authorities – our digitization expert in HR, Associate Partner Daniel Vejsada, will help you with proper setup.

4️⃣ Failure to update collective agreements

  • The flexi-amendment to the Labour Code also affected dismissal reasons and related employee entitlements, especially in dismissals for health reasons. However, employers' collective agreements have often not yet managed to respond to the changes, which can bring uncertainties. It is also confirmed again that collective agreements should not copy provisions of the Labour Code, as this creates problems when legal regulations change. Attorney Tereza Erényi, our specialist in relations with trade union organizations, will be happy to help you update your collective agreement.

5️⃣ Not sending agreement workers for entrance examinations

  • The flexi-amendment abolished mandatory entrance medical examinations for non-risk work. However, many employers overlooked that for agreement workers there was – due to a legislative error – a tightening. Now agreement workers working in category 2, who previously did not have to, must also undergo examination. Failure to perform a mandatory examination can lead not only to a fine, but also to other problems, for example in case of a work accident.

Jaroslav's concluding comment: "Although the flexi-amendment brought many simplifications for employers, there are a large number of changes that employers must consider in their documentation and practical procedures, and which may not always be apparent at first glance from the text of the law."