The labour rule book regulate rights, duties and responsibilities arising from employment only where so specified by the Labour Law.
Rights, duties and responsibilities arising from employment shall be regulated by the labour rule book and/or employment contract, in conformity with the Labour Law:
- if a trade union is not established at an employer, or no trade union meets the requirements of representation, or an agreement of association in conformity with the Labour Law is not concluded
- if no participant to a collective agreement initiates the bargaining for entering into a collective agreement
- if participants to a collective agreement fail to consent to enter into collective agreement within 60 days from the day of commencement of the bargaining
- if, within 15 days from communicating the call for commencing the bargaining to enter into collective agreement, a trade union fails to accept the initiative of the employer.
If participants to a collective agreement fail to consent to enter into collective agreement within 60 days from the day of commencement of the bargaining, the participants to a collective agreement shall be bound to continue to bargain in good faith. The employer shall submit the Labor Rule Book to the representative trade union within seven days from the date of its entry into force.
An employer, who does not accept the initiative of the representative union for the accession to the negotiations on conclusion of a collective agreement, may not regulate the rights and obligations arising from the employment in the Labour Rule Book.
Labour Rule Book – jurisdiction for its adoption
Labour Rule Book shall be adopted by the competent authority of the employer, as determined by the law, or by the incorporation act or some other general act of the employer, while at the employer who has not the capacity of a juridical person it shall be adopted by an authorized person in accordance with the law.
Labour Rule Book of a state-owned company and a corporation established by the Republic, autonomous province or local self-government and a corporation established by a public company, shall be adopted with prior approval of the founder.
The labour rule book shall cease to be valid on the day of entering into force of the collective agreement.
The collective agreement with an employer, the labour rule book, and the employment contract must be in accordance with the law, and in case of the employers who in course of the procedure of conclusion of collective agreement, were members of the association of employers – with the general and the special collective agreement as well.
Mutual Relations between Law, Collective Agreement, Labour Rule Book, and Employment Contract
A collective agreement, a labour rule book and an employment contract shall not include provisions by means of which an employee would be granted less rights or extended less favourable conditions of work than the rights and conditions established by the law, but may be stipulated extended rights and more favourable conditions of labour than the rights and conditions established by the law, as well as other rights not established by law, unless otherwise specified by the law.
Should a general act and its particular provisions specify less favourable conditions of labour than the ones established by law, the provisions of the law shall apply.
Null and void shall be particular provisions of an employment contract which stipulate less favourable conditions of labour than the ones established by law and general act, and/or are based on incorrect information, communicated by the employer, regarding the particular rights, duties and responsibilities of the employee.
It shall not be possible to stipulate by a special collective agreement less rights and less favourable conditions of labour, than the rights and conditions established by a general collective agreement that commit the employers who are members of the association of employers concluding such special collective agreement.
It shall not be possible to stipulate by a collective agreement with an employer less rights and less favourable conditions of labour for an employee, than the rights and conditions specified by a general, and/or single collective agreement that commits such employer.
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