In the context of representing clients in employment disputes, we have more than once addressed the question of the extent to which an employee can claim that the employer acted in breach of good morals in its conduct. 

What is good manners?

Very briefly, it can be summarized as a set of ethical and moral principles on which social and legal relations are based. They are not precisely defined in any legal provision, but are a general legal principle applied by the courts and accepted by legal theory. Good morals generally protect justice, fairness, honesty and equality between people. The following values are usually included in the interpretation of good morals:

• Honesty and fairness in legal relations
• Protection of the weaker party (e.g. employee vis-à-vis employer, tenant vis-à-vis landlord, etc.)
• Prohibition of abuse of law (i.e., using a legal norm to achieve an unfair result)
• Prohibition of usury and unethical behaviour
• Protection of family and human dignity

Application of good morals in Czech labour law

The application of good morals in Czech labour law is not expressly regulated in one specific provision, but is based on more general legal principles and case law. Key legal foundations include:
(i) the Civil Code (Act No. 89/2012 Coll.)

• § Section 6(1): "Everyone has a duty to act honestly in legal dealings".
• § Section 6(2): 'No one may profit from his dishonest or unlawful act. No one may benefit from an unlawful condition which he has caused or over which he has control."
• § Section 580(1): "A legal act contrary to good morals is void, as is a legal act contrary to the law if the meaning and purpose of the law so require."

➡️ These principles also apply to labour law, as labour relations are private law relations and are also governed by the Civil Code where the Labour Code does not expressly provide for it.
(ii) Labour Code (Act No. 262/2006 Coll.)

• § Section 261(3): "An employee who has caused damage by intentional conduct contrary to good morals shall also be obliged to compensate for the damage."
• §265(1): "The employer shall be obliged to compensate the employee for damage incurred by him in the performance of his work tasks or in direct connection with it by a breach of legal obligations or by a deliberate act against good morals."

Case law and practical application

Courts commonly apply the principle of good morals in employment disputes, for example:

• Invalidity of termination if contrary to good morals (e.g. discrimination, bullying).
• Invalidity of a competition clause if it is unreasonable and restricts the employee disproportionately.
• Protection of the employee against unjustified punishment by the employer (e.g. Supreme Court decision, Case No. 21 Cdo 456/2018).

Summary

Good morals are applied in Czech labour law mainly thanks to the principles enshrined in the introductory provisions of the Civil Code, but they are also reflected in the Labour Code. They are used as a corrective principle in the resolution of labour disputes, when it is assessed whether certain conduct is not contrary to generally accepted ethical values and justice.

Employers should therefore set up their working environment in such a way that violations of good morals do not occur - and should monitor compliance with them as part of their control mechanisms. This is done (mostly in large corporations) through codes of conduct. Recently, the issue has also resonated in this way, for example through whistleblowing channels, where employees can also complain about breaches of good manners. In extreme cases, an employer's actions in breach of good manners may even be invalid.

If you are interested in the topic of good manners in employment law or if you are facing a similar situation, we will be happy to answer any questions you may have and discuss with you the options for further action.
Whistleblowing and setting up internal ethics mechanisms are among the services we regularly provide to our clients - you can also contact us in this area. 

Mgr. Jaroslav Hroza, partner 
Mgr. Lucie Šalanská, lawyer