Background information

The temporary assignment institute is primarily intended to enable employers to cooperate on joint projects, when it is necessary for employees to work for both participating employers of the joint project. Another use of the temporary assignment institute is when there is a temporary decrease in the need for manpower, e.g. due to a decrease in production, etc.

Agreements on the temporary assignment of employees can be made with employees (regardless of the type of employment contract) who have been working for their employer for more than six months. The agreement has been regulated by section 43a (Act No. 262/2006 Coll.) of the labour code since 2012.

Content of measure

For the temporary assignment of employees from one employer to another a written agreement has to be concluded between the employee and the employer. If compared to temporary assignment through employment agencies, the measure presents two main differences:

• it is not subject to the payment to employment agencies
• it cannot be applied during the first six months of an employment relationship.

Employers can use the instrument without any external authorisation, provided that the employee agrees, another employer is interested and the procedures comply with the conditions set in the labour code. As a general rule, the temporarily assigned employee must be provided with the same (or better) salary conditions as an actual or potential comparable employee of the receiving employer (but these salary conditions could differ and even be lower than the ones offered by the assigning employer).

During the temporary assignment, the assigned employee continues to be covered by the employment relationship with the assigning employer and the same happens in terms of insurance. The character of the employment relationship remains unchanged also in what concerns the number of hours per week.

The employee’s salary, as well as any travel expenses, are paid to the employee by the assigning employer, who is then reimbursed by the receiving employer. 

Use of measure

The main advantage of this form of employment lies in the opportunity to fully utilise the labour force in the labour market.

The employee sharing programme may also be useful during the COVID-19 pandemic, as in this period there are companies that may lack employees and would welcome assistance of employees coming from other companies, that, for instance, are not able to organise work process due to state and market restrictions. The Czech Chamber of Commerce has created the tool 'Save jobs' that will support the matching of companies in employee demand and supply.

Target groups

Workers	Businesses	Citizens
Applies to all workers	Applies to all businesses	Does not apply to citizens

Actors and funding

Actors	Funding
National government	Employer

Social partners

Social partners' role in designing the measure and form of involvement:

	Trade unions	Employers' organisations
Role	No involvement	No involvement
Form	Not applicable	Not applicable

Social partners' role in the implementation, monitoring and assessment phase:

• No involvement
• Main level of involvement: Unknown

Involvement

No involvement.

Views and reactions

No views.

Sources

• 31 October 2022: Czech Ministry of Labour and Social Affairs (www.mpsv.cz)
• 31 October 2022: Labour code of Czechia, Act No. 262/2006 Coll. (www.mpsv.cz)
• 31 October 2022: Eurofound (2014), New forms of employment Employee sharing, Czech Republic, Case study 7: Policy analysis (www.eurofound.europa.eu)
• 31 December 2022: State labour inspection office (www.suip.cz)