Updated on 9th February 2022

We are facing exceptionally difficult and sensitive times. Having declared a state of emergency for the territory of the Czech Republic, the government is taking measures with a profound impact on the economic situation, business and the ordinary life of citizens. In response, we have decided to inform you on a regular and comprehensive basis about the latest developments on the legal and tax implications of the coronavirus pandemic.
Do not hesitate to contact us should you need advice regarding the impacts of the coronavirus crisis on you and your business. We believe that HAVEL & PARTNERS, as the largest independent law firm in Central Europe, is perfectly equipped to tackle crisis situations. Among others things, we have created a specialised task force coordinating solutions of all legal, tax and economic issues arising from the situation caused by Covid-19, sharing best practice with our staff and addressing our clients’ needs immediately.
Overview of current measures in the Czech Republic
We keep you updated on main measures relating to the Covid-19 crisis in the Czech Republic and prepare for you articles and information on individual government regulations and their impacts.
You can find the information website of the Health Ministry here and the government Covid-19 website with detailed rules currently in place here.
Possibilities of state aid in connection with COVID-19
Selective tax advantages or compensation in favour of employees, subsidised interest or state guarantees on loans, direct grants for COVID-19 relevant research and development and production. The Czech Republic has introduced a number of aid measures on the basis of the COVID-19 State aid Temporary Framework issued by the European Commission (please find our report on the Temporary Framework here, on its update here).
The most significant novelty introduced by the fourth amendment of the Temporary Framework in October 2020 was the launch of the new COVID-19 – uncovered costs programme. The programme allows to claim 60% of uncovered costs (losses established in interim financial statements). The advantage is that the aid claimed does not count towards the ceiling of the COVID pecuniary aid (EUR 1.8 million). Participation in the programme may not be combined with the COVID-19 2021 programmes and the compensation bonus for the self-employed, but it may be combined with the “Antivirus” programme and industry-specific programmes such as “COVID – Accommodation” and “COVID – Culture”.
Then, as part of the sixth amendment of the Temporary Framework in November 2021, the European Commission issued two new support programmes, “Investment support towards a sustainable recovery” and “Solvency support”. The new ceiling for the COVID-19 aid has been set at EUR 2.3 million.
Lex Covid draft as helping hand in the crisis time
Act No. 191/2020 Coll., also known as Lex Covid Justice, responded to the crisis caused by the SARS CoV-2 virus. The Act caused a number of significant changes in the field of insolvency law. We published a basic overview of information on this law in our article here.
A new Act called Lex Covid Justice II follows to previous legislation and renews a number of previously available measures aimed to relieve businesses in financial distress. We deal with this in our latest Insolvency Flash.
Please note that as of 1 July 2021, the obligation for entrepreneurs and companies to file a debtor’s insolvency petition has been renewed in full. More information is available here.
Impacts of government measures on the life of employees and employers
Over the past few days, the professional life of most people has been turned upside down. Some companies have suspended their operations, others have decided to use work-from-home schemes, while some other companies need more staff. Dealing with all of these situations, our practice group specialised in labour and employment law prepared several articles reflecting individual government measures in the last weeks. Go here to find out about the options envisaged in the Labour Code as well as a summary of important recommendations for employers and employees.
Due to the outbreak of the COVID-19 pandemic, a number of employers have adopted extensive measures, with one of the most frequent ones being working from home. We cover this topic in the latest issue of our newsletter. We offer nine important practical tips to employers on what to bear in mind in terms of personal data protection when employees start working from home.
“Antivirus” program for employers
Who is the “Antivirus” employment promotion program intended for? How much do the individual state benefits provide and what individual actions must be taken in applying for these benefits? We have summarized the answers to these and other questions here.
Aid to self-employed persons
The programme for direct aid to self-employed persons facing economic consequences of the coronavirus pandemic was approved by the Parliament of the Czech Republic and signed by the president. We have summarised for you who is entitled to and how and where to apply for the CZK 25 000 bonus and, last but not least, how the lawful receipt of the bonus payment will be checked. Our colleagues from the tax team bring you updated information on this subject in this article.
Coronavirus pandemics and its efects on the real estate market
Our law firm has been actively dealing with the mitigation of the adverse effects of the coronavirus crisis on legal relationships relating to real estate since its very onset. You can read about changes on the real estate market relating to contractual relationships between loan agreements under which purchases of commercial premises are financed, contracts for work in the real estate sector and also future agreements in our Real Estate Flash here. The provisions introduced by the Bill to Mitigate the Impacts of the Crisis on Lessees are summarised in another article here. Comprehensive information about the ‘COVID – Rent’ programme introduced by the Ministry of Industry and Trade are available here.
Contractual relationships in the times of COVID-19
What are the implications of coronavirus on the agreed price? Can the pandemic be a reason justifying failure to meet contractual obligations? What are the conditions that allow for a change or termination of obligations? And what are the effects of the current situation, for example, on long-term contractual relationships, lease agreements, purchases, international transport, imports and exports of goods? These are all topics we are looking at in our newsletter on customer-supplier relationships, summarising answers to our clients’ most frequently asked questions.
How to conclude contracts and deal with authorities at a distance
For some time now, Czech law has provided for the possibility to conclude contracts and perform legal acts electronically, i.e. even in situations when the parties cannot meet. During the coronavirus crisis and with strict measures in place regulating personal contact among people this possibility becomes highly important. In the article authored by our experts specialising in the law of digitalisation you can learn, among other things, what can currently be arranged at a distance and what are the advantages and applications of an electronic signature.
A newsletter series on duties of and risks for the members of governing bodies during the crisis
Our law firm’s corporate practice group prepares a series of newsletters on the duties of and risks of the members of governing bodies during the coronavirus crisis. The first part looks at more general principles related to the due managerial care and responsibilities of governing bodies connected with crisis management. The second part deals in more detail with specific duties in the context of the current emergency and explains a procedure for adopting what is called concern measures. In the third part you will learn about some specific aspects of the distribution and payment of profit and a potential motion for declaration of the invalidity of general meeting resolutions.
Impacts of the pandemic in connection with the declaration of the 2nd state of emergency
In connection with the state of emergency declared from 5 October 2020, we are bringing you a summary update of the impacts of the pandemic, individual changes and related legislation measures in selected areas of law, which may have an influence of your everyday life and business.
Defence against excessive prices during a state of emergency
The Covid-19 crisis unquestionably affects demand for certain commodities and this leads to their general shortage. Unfortunately, in practice we see frequent cases of taking advantage of this situation and excessive prices being charged. The latest issue of the Competition Flash presents you with an overview of the means of protection against abuse of a more advantageous economic position in situations in which the Office cannot intervene.
Effects of the approved liberation tax packages
Not only are we a law firm but also a tax consultancy engaged in flexibly reflecting the tax aspects of the current situation as well. Our team of tax advisers brings you newsletters summarising the most significant impacts of the recently approved Liberation Tax Package 1 and Liberation Tax Package 2. You will learn about changes in the deadlines for filing tax returns; about the meaning of the phrase “home office” from the tax perspective and in the context of cost reimbursements; and about modifications to social security and health insurance payments to be made by self-employed persons.
We help entrepreneurs handle subsidised financing
The coronavirus crisis is undoubtedly having very adverse impacts on business. Focusing on our clients who have already experienced their first economic losses, we have issued newsletters "COVID I", "COVID II" and "COVID PLUS" presenting the fast aid options by means of interest-free operational financing for small, medium-sized and bigger enterprises. In our law firm, we have also created a specialised task force comprised of partners responsible for key practice areas that are relevant for debt financing and financial regulation.
The state of emergency and its legal implications
If you are interested in crisis management in a state of emergency declared due to a general health threat, or the role the Central Crisis Staff, the cabinet and individual ministries play, read the newsletter prepared by our public sector experts. They provide a summary overview of the fundamental human and political rights that may be affected or restricted by the emergency measures adopted by the government.
Time limits in administrative procedures in times of emergency
In another of our Public Flashes, experts for the public sector in our office are summing up the content of the opinion of the Ministry of the Interior of the Czech Republic which regulates time limits in administrative proceedings during the state of emergency. Do you need to know the current deadlines for addressees of public administration, time limits for administrative bodies or for entries in the list of qualified suppliers? You will find your answers here.
Availability of medical equipment
In reference to extraordinary circumstances caused by the coronavirus pandemic, the European Parliament adopted an amendment to the Medical Devices Regulation on 17 April 2020. The main objective of the amendment is in particular to ensure that medical equipment is available on the market. In another issue of our Pharma Flash, we are providing a summary of the most important implications of the amendment to the regulation.
Competition law in times of a major global threat
In this article on our blog, you will find out why the rules of competition law are so important in the times of pandemic. Our competition team provides a practical description of the current situation in the context of anti-competitive agreements, abuse of a dominant position, concentrations between undertakings and public aid during a crisis. The team further points out to the fact that some countries have already loosened up the competition rules in the affected sectors.