Analysis provided by Dominika Skubida, ODIHR Legal Expert

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Significant steps have been taken recently towards introduction of the concept of equality between women and men into Czech employment legislation. The newly introduced amendments are related to the requirements imposed by the European Union accession process and adjustment of Czech legislation to the aquis communitaire.

First of all, the Labour Code amended in 2001 obliges employees to treat equally both sexes in working environment, including remuneration and social benefits ,professional training and professional development. The Act on Wages, Work Emergency Compensation and on Average Remuneration in its Article 4(a) provides for equal pay for equal work or work of equal value.

In case of gender discrimination in employment the burden of proof has been shifted to the defendant according to the new amendment to Code on Civil Procedure. Therefore, it is his responsibility to prove that the act of discrimination didn't take place.

The Labour Code introduces also special protective measures for female employees both with regard to pregnant women, breastfeeding women and those who are up to nine months after giving a birth. Employers have to inform all those categories of employees about possible consequences and risks that the preformed work might have on their health, pregnancy or breastfeeding.

As regards part-time work the Czech legislator leaves the decision to implement this solution to the discretion of employer, however, the decision should be taken as a result of negotiation with an employee. The disadvantage of part-time work in Czech Republic lies with reduction of social benefits that in this case are paid proportionally to the income.

Parental leave is recognized by labour law and granted to both parents until the child reaches the age of three: to mother after termination of maternity leave and to father from the birth of child. There is also a possibility to take maternity and parental leave for adopted children.

Furthermore, it is prohibited for the employer to dismiss the worker during pregnancy or while on maternity or parental leave, except some legally perceived situations.

The Law on social security entitlements doesn't differentiate the right to social security between men and women, neither regarding access to schemes or calculation of contributions.

The retirement age will be changed in 2007 to the disadvantage of women that will be supposed to work for four years longer until the age of 61. For men the perceived retirement age is 62.

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