Equal pay today
Zaměstnavatel je dle stávající právní úpravy povinen zajišťovat rovné zacházení se všemi zaměstnanci, a to i pokud jde o jejich odměňování za práci a o poskytování jiných peněžitých plnění a plnění peněžité hodnoty.1) Dle zákoníku práce přísluší všem zaměstnancům u zaměstnavatele za stejnou práci nebo za práci stejné hodnoty stejná mzda, plat nebo odměna z dohody. Stejnou prací nebo prací stejné hodnoty zákoník práce výslovně rozumí práci:
- stejné nebo srovnatelné složitosti, odpovědnosti a namáhavosti,
- konanou ve stejných nebo srovnatelných pracovních podmínkách,
- při stejné nebo srovnatelné pracovní výkonnosti a výsledcích práce.
Zákoník práce dále konkrétně rozvádí, podle jakých hledisek je na místě posuzovat složitost, odpovědnost a namáhavost práce; pracovní podmínky; pracovní výkonnost a výsledky práce.2) Dle aktuální judikatury Nejvyššího soudu se jedná o taxativní (konečný) výčet hledisek, který nelze rozšiřovat. Rozdílnost v odměňování proto nelze odůvodnit např. ani odkazem na sociálněekonomické podmínky a jim odpovídající výši nákladů na uspokojování životních potřeb v místě výkonu práce zaměstnance (tzv. vnějšími vlivy jako např. cenou práce v dané lokalitě).3)
Under the current legislation, the employer is obliged to ensure equal treatment of all employees, including with regard to their remuneration for work and the provision of other monetary benefits and benefits of monetary value.1) According to the Labour Code, all employees of an employer are entitled to the same wage, salary or remuneration for the same work or for work of equal value. The Labour Code expressly defines equal work or work of equal value as work:
- of equal or comparable complexity, responsibility and exertion,
- performed under the same or comparable working conditions,
- with the same or comparable work performance and results.
The Labour Code furthermore specify the aspects according to which it is appropriate to assess the complexity, responsibility and strenuousness of work; working conditions; work performance and work results.2) According to the current case law of the Supreme Court, this is an exhaustive (definitive) list of aspects which cannot be extended. Therefore, a difference in remuneration cannot be justified, for example, by reference to socio-economic conditions and the corresponding cost of living in the employee’s place of work (so-called external influences such as the price of work in a given locality).3)
If an employer sets or agrees with an employee a wage for work that is higher than that of other employees performing the same work or work of equal value, without substantial reasons (aspects according to the Labour Code), the employer is in breach of a legal obligation. An employee who is paid less than a comparable employee has the right to claim compensation for the damage. The amount of the damage is determined as the difference between the wage of the employee who has the higher wage and the wage of the affected employee.4) Moreover, according to the Supreme Court, the assessment of the same work or work of equal value is not limited to the performance of work in the same time period, i.e., employees working for the employer in different time periods may also be compared.5)
At present, a significant obstacle to employees‘ claims for equal pay is the lack of transparency (lack of information) within the employer as to the levels of wages and other remuneration provided for each position. Simply put, employees do not know how their colleagues are remunerated, which significantly eliminates compensation disputes. However, this is set to change in the future, partly with effect from 1 June 2025.
What to prepare for from 1 June 2025
On 29 April 2025, the so-called Flexi Amendment to the Labour Code was published in the Collection of Laws under No. 120/2025 Coll., and will become effective as of 1 June 2025. The Flexi Amendment to the Labour Code now explicitly obliges employers not to restrict employees in the handling of information on the amount and structure of their wages, salary or remuneration. This prohibition is based on previous case law and the opinion of the Ombudsman, according to which such confidentiality is contrary to the Labour Code and therefore unenforceable. Although employers have often been aware of the unenforceability of such clauses, they have kept them in employment contracts for psychological reasons to discourage employees from sharing information about wages and other income with each other. However, it will now be an offence under Act No. 251/2005 Coll., on Labour Inspection, and negotiating such clauses, as well as otherwise restricting employees from sharing information about their wages, salaries or remuneration, can therefore be sanctioned with a fine of up to CZK 400,000.
Employers should thus avoid including similar clauses in employment contracts, collective agreements, pay schedules or internal regulations. At the same time, it can be recommended that the existing restrictions be removed from all employer documents, or that the employer documents be amended/added/replaced so that they do not give rise to a possible inspection by the Labour Inspectorate.
Inevitable changes in 2026
The anchoring of the described prohibition of confidentiality on remuneration in the Labour Code is a reflection of one of the obligations under Directive 2023/970 on transparent remuneration, which Member States are obliged to transpose by 7 June 2026 at the latest. As a result of this directive, the Czech legal system should, by the first half of next year at the latest, guarantee, among other things:
- the right of employees to request from their employers information on their individual level of remuneration and on the average gender-specific remuneration levels for categories of employees performing the same work or work of equal value.
Employers will be obliged to provide the information on request by the employee, in writing and within a reasonable time, within a maximum of two months. If the information received is inaccurate or incomplete, employees will have the right to request additional reasonable explanations and details concerning any information provided and to receive a reasoned response from the employer. At the same time, employers will be required to inform all employees annually of their right to receive the information and the steps to be taken by employees to exercise that right.
Employers will thus no longer be able to rely on the lack of information provided to employees about the remuneration of comparable colleagues within the same employer, which has until now virtually protected them from potential claims for damages by those employees. Furthermore, employers themselves will be obliged to inform employees that they are entitled to such information and what steps they should take to obtain it.
Conclusion
It is evident that the pressure for equal pay is gradually increasing. The number of lawsuits filed by employees under the current legislation is clear evidence of this. In order to avoid an increase in such disputes in the context of the Flexi Amendment to the Labour Code as of 1 June 2025 and, in particular, in the context of the expected transposition of Directive 2023/970 on transparent remuneration, it is up to employers to asses as soon as possible that all their employees are entitled to the same wage, salary or agreed remuneration for the same work or for work of equal value. As numerous Supreme Court cases demonstrate, the criteria for this assessment are not unambiguous. Thus, a qualified assessment by employment law experts is certainly in order.
Bělina & Partners advokátní kancelář s.r.o.
Our services focus, among other things, on comprehensive advice in the field of labour law, including the preparation and review of labour law documents.
References:
1) See Section 16(1) of Act No. 262/2006 Coll., the Labour Code, as amended.
2) See Section 110 of Act No 262/2006 Coll., Labour Code, as amended.
3) See the judgment of the Supreme Court of the Czech Republic of 20 July 2020, Case No. 21 Cdo 3955/2018.
4) See the judgment of the Supreme Court of the Czech Republic of 20 November 2024, Case No. 21 Cdo 2000 /2024.
5) See the judgment of the Supreme Court of the Czech Republic of 16 April 2025, Case No. 21 Cdo 3521/2023.
Bělina & Partners advokátní kancelář s.r.o.
