Only one parent or guardian raising a child under the age of 8 can refuse to work overtime, at night time or go on a business trip | PRO HR July 2023

2023.07.21

According to Article 178 §2 of the Labour Code, an employee raising a child until the child turns 8 years old may not work without his or her consent (i) overtime, (ii) at night, (iii) under an intermittent working time system, or (iv) be posted outside the permanent workplace.

Until 26 April 2023, the entitlement was available to employees raising children up to the age of 4. As a result of the implementation of EU Directives, this entitlement has been expanded.

However, the above right can still only be exercised by one parent or guardian (Article 189[1] of the Labour Code). This means that if the employee has declared that he or she wants to exercise this entitlement, the other parent (guardian) no longer has this option. He or she cannot refuse to work overtime, at night or go on a business trip.

Find more in the PRO HR July 2023