HUMAN RIGHTS IN THE EUROPEAN CONSTITUTIONAL ORDER

Czech national law, it is possible to change the employer only after 6 months since the issuance of the permit, or sooner in cases of breach of contract of the employer 23 – this is in accordance with the new directive. Also, there is a requirement of a notice to a competent authority and its approval, in this case the Ministry of Interior. 24 Another change is that unemployment no longer constitutes a reason for withdrawing a single permit, as long as it does not exceed 3 months, or 6 months if the single permit holder has held it for more than two years, as long as the competent authority is notified. 25 Further, the holder is now allowed to stay in member states territory if the validity of single permit expires during the procedure for its renewal. 26 The current situation in Czech national law is that once the last employment contract ends, in maximum of 60 days (less than 60 days in cases when the permit term would expire sooner) the permit expires and together with it the right to residence. 27 This would have to be changed as the new directive is more lenient towards the unemployed permit holder. The Single Permit Directive II also expands on the right to equal treatment. Now the terms of employment and the right to leave and holidays are included. Also, the workers’ rights within the collective labor law have been expanded on. Now the workers have the right to strike and to industrial action, the right to negotiate and to conclude collective agreements. 28 Also, the directive enhances the focus on equal treatment when it comes to obtaining access to housing. This is first reflected in the preamble in which, unlike in the previous text, is a particular focus on preventing discrimination also in the sphere of private housing. 29 This is further expanded on in the chapter III on the right to equal treatment, in which there is mention not only of equal access to public services, but specifically the mention of equal access to both private and public housing. 30 Regarding the current situation in Czech national law, nothing much has to be changed – with respect to the terms of employment, the employment contract is governed by the Act No. 262/2006 Sb., Labor Code, which makes very little differentiation between a citizen and non-citizen (Czech or EU) – mostly only in cases of termination of the contract. 31 Regarding the rights to strike, the right to conclude collective agreement, the situation is similar. These rights are already protected both by the Act No. 262/2006 Sb., Labor Code and in the Act No. 2/1991 Sb., on Collective Bargaining. Also, these rights are well protected by the 23 Act No. 326/1999 Sb., on the Residence of Foreign Nationals in the Territory of the Czech Republic and on the Amendment of Certain Laws., § 42g, subsection no. 7, sentence no. 1-2. 24 Act No. 435/2004 Sb., on Employment, § 37a. 25 Article 11, paragraph 4, letter a, 2024/1233/EU. 26 Article 11, paragraph 4 2024/1233/EU. 27 Act No. 326/1999 Sb., on the Residence of Foreign Nationals in the Territory of the Czech Republic and on the Amendment of Certain Laws., § 63.

28 Article 12, 2024/1233/EU. 29 Recital 39, 2024/1233/EU. 30 Article 12, 2024/1233/EU. 31 Act No. 262/2006 Sb., Labor Code, § 48 paragraph 3.

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