Following the exceptional heatwave in June, the Czech Republic is once again experiencing a period of high temperatures. While most people naturally protect themselves from the sun by wearing a hat and applying sunscreen, few are aware that employees are also legally entitled to protection against excessive heat in the workplace.
This protection is laid down in Czech Government Regulation No. 361/2007 Coll. Annex No. 1 of the Regulation even specifies the maximum permissible workplace temperatures, which vary according to the type of work performed.
Work Category | Type of Work | Maximum Permissible Temperature |
I | Sedentary work with minimal physical activity (e.g. office administration, control room operations, computer work, laboratory work, sorting or assembling small lightweight items) | 27 °C |
IIa | Predominantly seated work involving light manual tasks (e.g. driving passenger vehicles, light assembly work, toolmakers, mechanics, cashiers) | 26 °C |
IIb | Standing work or driving duties involving regular physical effort (e.g. truck, bus or tram drivers, mechanics, welders, sales assistants, nurses, press operators) | 30 °C |
IIIa | More physically demanding work (e.g. construction work using machinery, warehouse workers, bakers, butchers, painters, production line operators, window cleaners) | 30 °C |
IIIb | Heavy manual work performed while standing (e.g. traditional construction work, glass blowing, rubber processing, forging, horticultural and agricultural work) | 26 °C |
IVa | Very heavy physical work (e.g. construction using shovels or jackhammers, forestry, foundries, forging, mining) | 24 °C |
IVb | Extremely demanding physical work (e.g. underground mining, quarry work, labour-intensive agriculture, heavy forging) | 20 °C |
V | The most physically demanding work (e.g. carrying heavy loads, excavation work, logging with an axe, intensive underground mining) | 20 °C |
These temperatures are measured using a globe thermometer, which, unlike an ordinary thermometer, measures not only the air temperature but also the radiant heat emitted by surrounding surfaces, providing a more accurate assessment of the thermal conditions in the workplace.
Employees' Right to Protective Drinks
As a general rule, employers are required to provide drinking water in the workplace to ensure that employees are able to maintain an adequate fluid intake. However, if workplace temperatures exceed the statutory limits, employers are subject to additional obligations.
Under the Government Regulation, employers must provide employees with a protective drink to safeguard their health against excessive heat exposure. The drink must be safe for consumption and may contain no more than 6.5% sugar by weight. It may also contain substances that help increase the body's resistance to heat. An alcohol content of up to 1% by weight is permitted; however, protective drinks provided to employees under the age of 18 must not contain any alcohol.
Employees become entitled to a protective drink where, due to hot working conditions, they lose more than 1.25 litres of fluids or minerals through perspiration and respiration. The employer must provide a quantity sufficient to replace at least 70% of the fluids and minerals lost during an eight-hour working shift.
For work classified in Categories I to IIIa, the protective drink should consist of low-mineral natural mineral water, spring water or water with comparable characteristics.
For work classified in Categories IIIb to V, the protective drink should consist of medium-mineral natural mineral water, spring water or water with comparable characteristics.
Refusal to Perform Work
One of the fundamental principles of employment law is the employee's right to safe and healthy working conditions. The Czech Labour Code protects employees even in situations where adverse workplace temperatures may pose a serious risk to their health.
Where an employer fails to provide the legally required protective drink despite the statutory conditions being met, the employee may refuse to continue working. Such a refusal does not constitute a breach of the employee's contractual obligations.
The employee must, however, have reasonable grounds to believe that continuing to work under the existing conditions would pose an immediate and serious threat to their life or health. Whether such circumstances exist must always be assessed on a case-by-case basis, and the employee's concern must be objectively justified.
Recommendations for Employers
Properly functioning air conditioning is becoming increasingly essential, particularly in office environments. Employers should nevertheless also ensure that employees have access to sufficient drinking water and, where appropriate, allow more frequent rest breaks during periods of excessive heat.
Adequate preparation for hot weather not only protects employees' health but also helps employers comply with their legal obligations and minimise potential employment law risks.
