Trade Licence Operator of the restaurant in the Czech Republic is further required to obtain a trade licence15. The trade licence for the provision of restaurant services (“hostinství” in Czech) can be obtained by notifying the local Trade Licensing Office16. Provision of restaurant services is a regulated trade which requires proving specific qualification: a graduation from a vocational or secondary school (or higher education) in this field or at least in a related discipline. If the applicant lacks formal education, six years or practice in this field will suffice17. It is also possible to complete an accredited retraining course18. These programs are designed for adults with a different educational background who want to change careers, and they are generally quite affordable. If the entrepreneur does not meet required professional competence requirements, they can appoint a responsible representative who does19. Legal entities are always required to appoint a responsible representative20. For those who want to sell alcoholic beverages in a restaurant, it is necessary to also obtain trade licence for selling alcohol (“prodej kvasného lihu, konzumního lihu a lihovin” in Czech). This trade licence has stricter professional competence requirements and the application must be approved by the Czech Ministry of Agriculture21. Employees We can hardly open a restaurant without having any employees. Like other EU member states, the Czech Republic has relatively strict employment rules which protect the employees as the weaker party in the employment relationship. The Czech Labour Code allows for an up to four-month probationary period22 during which both the employer and the employee may terminate the contract at will without notice23. After the probationary period ends, the standard notice period is two months24 and the employer is allowed to terminate the contract only for legally defined reasons (e.g. company closure, redundancy, 15 Sec. 5 par. 1 Act No. 455/1991, Trade Licensing Act. 16 Sec. 19 subpar. a) and sec. 45 par. 1 Act No. 455/1991, Trade Licensing Act. 17 Sec. 7 Act No. 455/1991, Trade Licensing Act. 18 Sec. 22 subpar. e) Act No. 455/1991, Trade Licensing Act. 19 Sec. 11 par. 4 subpar. a) Act No. 455/1991, Trade Licensing Act. 20 Sec. 11 par. 4 subpar. b) Act No. 455/1991, Trade Licensing Act. 21 Appendix No. 3 Act No. 455/1991, Trade Licensing Act. 22 Sec. 35 Act No. 262/2006, Labour Code. 23 Sec. 48 par. 1 subpar. d) Act No. 262/2006, Labour Code. 24 Sec. 51 1 Act No. 262/2006, Labour Code. 648 KLÁRA DVOŘÁKOVÁ | JOHAN REMEŠ
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