The amendment no. 376/2018 Coll., which among other things added a new Sec. 13 Subsec. 5 to the Labour Code, came into force on 01.01.2019.

Under the new provision, the employer is not allowed to impose the no disclosure of working conditions duty, including salary conditions and conditions of employment on the employee.

Pursuant to the explanatory report of the pertinent amendment, this step shall eliminate one of the barriers, which nowadays allegedly restrains possible duress on the increase of salaries. This barrier represents common practice of the employers, who include clauses in their employment contracts under which the employee shall adhere to the no disclosure of his salary duty. According to the legislator, the absolute prohibition of the restriction of the employee being informed about his salary shall allegedly contribute to the application of the principle of equal pay for equal work.

In light of the aforementioned, it is necessary to stress, that the prohibition to impose the no disclosure duty on the employee does not only cover salary conditions, but all and any working conditions and conditions of employment (e.g. length of the employment relationship, working hours, length of the notice period etc.).

The legislator also expressly stated in the Act that no one should be persecuted or otherwise punished in the work place for not adhering to the no disclosure of his working conditions duty including salary conditions and conditions of employment, and therefore in case, the employee spreads information on his working conditions, the employer is not entitled to impose any sanctions on the employee or make any claims against him.

With respect to the above mentioned, in case the employer has established the no disclosure of the working conditions and conditions of employment duty on the employee in the employment contract or other agreement with the employee, we would advise for the remove of the pertinent provisions from documentation, e. g. through the agreement on change of working conditions pursuant to Sec. 54 of the Labour Code. In case, this is not done, or if the employer concludes the employment contract or other documentation containing the pertinent duty of the employee after this amendment comes into force, this agreement is void by law. Pursuant to Sec. 13 Subsec. 6 of the Labour Code, the employee is also in this case entitled to file a complaint with the employer or alternatively to address the court and seek judicial protection pursuant to Sec. 13 Subsec. 8 of the Labour Code. Finally, as the labour acts are breached in this case, the labour inspectorate may in the case of an inspection, impose a fine amounting to EUR 100.000 on the employer.