1. ROLE OF THE PARTIES OF AN EMPLOYMENT RELATIONSHIP

2. POSITION OF EMPLOYEE (1)
Employee works
For the employer
Personally
On basis of a contract
Under supervision of the employer
For remuneration

3. POSITION OF EMPLOYEE (2)
If exceptionally agreed,
Employee may hire assistants
Employees may form a team
The work can be carried out at the employee’s home
Employee may use his own machines and tools
and it still remains an employment relationship

4. DUTIES OF EMPLOYEE (1) GENERAL PROVISIONS Employee shall
Perform the tasks conscientiously
Follow instructions as to
The manner in which the work is to be performed
The quality and extent of the work
The time and place of the work
Refrain from anything that is contrary to what may be expected from an employee in his position or liable to cause prejudice to the employer

5. DUTIES OF EMPLOYEE (2) FIDELITY Business secrets
For the duration of the employment relationship employee shall not exploit the employer’s business secrets
Not even after the end of employment relationship may the employee exploit business secrets concealed to him illegally or in other way than doing his job
More strict obligations by virtue of NDA (Non Disclosure Agreement)

6. DUTIES OF EMPLOYEE (3) Competing activities and contracts
For the duration of the employment relationship employee shall not carry out competing activities
Except with his employer’s consent
Employee is liable for damages under either or both of the contracts
After the end of employment relationship
Main principle: employee is free to compete
On especially weighty grounds: it is possible to conclude an agreement to restrict this freedom by a covenant of non-competition

7. DUTIES OF EMPLOYEE (4) Covenant of non-competition
May only last for 6 months (12 months, if specific compensation)
Penalty for violation of the covenant may not exceed employee’s 6 month’s salary
Restriction not applied to employees in managerial position
Unduly restrictive agreements always adjustable (Contracts Act)
If the employment relationship ended because of a reason attributed to the employer, no covenant binds the employee

8. DUTIES OF EMPLOYEE (5) OCCUPATIONAL SAFETY AND HEALTH
Employee shall co-operate with the employer in safety and health matters and
Take care of his own safety and that of the fellow workers
Specific duties concerning protective equipment, machinery, tools, medical examinations
In case of serious danger, employee is entitled to interrupt the work

9. DUTIES OF EMPLOYER (1) GENERAL PROVISIONS
Improve good relations in the company
Improve the employee’s possibilities to develop their working skills and to proceed in their career
Observe the general applicability of collective agreements
TREAT EMPLOYEES IMPARTIALLY WITHOUT DISCRIMINATION
As to the origin, religion, age, political activities or comparable circumstances
As to the type of their employment relationship (permanent or temporary, full-time or part time)
OBSERVE OCCUPATIONAL SAFETY AND HEALTH
Take all precautions reasonable to protect the employees against accidents and health defects
Have programs to promote safety and health
In all respects co-operate with the employees in these matters

10. DUTIES OF EMPLOYER (2) In accordance with Payment PAY REMUNERATION
The applicable collective agreement or
The agreement with the employee or
Ordinary and reasonable remuneration
Payment
Twice a month: wages based on a day or shorter period and piecework wages
Once a month: in other cases
On the last workday of the pay period
To the employee’s bank account or in cash

11. DUTIES OF EMPLOYER (3) Payment during sick leave Failure to pay wages
Payment for 9 weekdays’ sick leave
If the employment relationship has lasted for less than 1 month, only 50% of the salary
Failure to pay wages
Overdue interest
Employee is entitled to rescing the empl. relationship
In case of termination of the empl. relationship, employee is entitled to full wages for the period of delay of wages (max 6 days)
Employer’s bankruptcy / insolvency
Employee is entitled to the payment of wages out of public funds

12. DUTIES OF EMPLOYER (4) PROVIDE WORK PROVIDE TOOLS AND WORKING MATERIAL
A sufficient amount of work must be given
In case employer would be entitled to terminate the employment relationship by notice: he may transfer the employee to part time work
Employer must inform part time and temporary employees on available jobs
PROVIDE TOOLS AND WORKING MATERIAL
Shall be provided by the employer, unless
Otherwise agreed
Another practice prevails in the industry

13. LAYING-OFF EMPLOYEES
= Temporary interruption of duty to work and pay for remuneration
Temporary lay-off maximum 90 days, permanent one indefinitely
Agreeing on a lay-off => immediately
Unilateral lay-off => must be grounded by an financial and production-related reason
Lay-off notice 14 days in advance, personally if possible
During the lay-off the employees can terminate their employment contract without a term of notice