Administrative offences and penalties
Sanctions are a tool for enforcing law enforcement in practice. Sanctions for labour inspections are:
– prohibitions,
– withdrawal of authorization,
– removal of the certificate and the license,
– imposing a financial penalty.
Labour inspectorates impose financial penalties (§ 19 and § 20 of Act No. 125/2006 Coll. On labour inspection) to:
– employers,
– natural persons who are entrepreneurs and are not employers,
– natural persons.
When imposing a fine, the Labour Inspectorate takes into account its preventive action and takes into account other circumstances.
A labour inspectorate shall impose a penalty
a) employer or natural person for
1. infringement of the prohibition on illegal employment from EUR 2 000 to EUR 200 000 and, in the case of illegal employment of two or more natural persons at the same time, at least EUR 5 000,
2. an activity without authorization, certificate, license or permit, if an authorization, certificate, license or permit issued by the National Labour Inspectorate, labour inspectorate, natural person or legal person pursuant to a special regulation is required for performing the activity, from EUR 300 to EUR 33 000,
b) employer or natural person who is an entrepreneur and is not an employer for
1. grave violation of obligations arising from the regulations from EUR 1 000 to EUR 200 000,
2. failure to comply with the obligation imposed by the measure from EUR 300 to EUR 100 000.
(1) Grave violation of the obligations arising from the regulations shall be
a) non-observance of the conditions stipulated for working time and rest periods in the performance of works classified by public administration in the public health sector in the third or fourth category pursuant to a special regulation,
b) overtime exceeding the extent of working time indicated in the work time records maintained by the employer by more than 10%, however at least 30 minutes in one day at work performed pursuant an agreement on temporary work of students or agreement on work activities,
c) non-observance of the conditions stipulated for the work of pregnant women, mothers up to the end of the ninth month after giving birth nursing women, adolescent and disabled workers,
d) non-provision of protective equipment or safety equipment to ensure occupational health and safety or failure to ensure the functioning of such protective equipment or safety equipment,
e) failure to adopt measures in premises pursuant to a special regulation to eliminate the hazard to the life and health of employees , failure to take measures necessary for the limitation of possible consequences of hazards to life and health of employees, or enabling employees access without due and documented acquaintance, training and equipment pursuant to legal and other occupational health and safety regulations,
f) failure to provide the necessary effective personal protective equipment or the non-maintenance of the personal protective equipment.
A penalty may be imposed within two years from the day of discussion of the protocol on labour inspection result, and at the latest within three years from the day of violation of obligation.