Výkon závislé práce
Performance of Dependant Work

Summary/Abstract: The fundamental issues concerning labour law that the Czech researchers are facing nowadays are the definition of an employment relationship and its distinction from a civil relationship Regarding the said issue, the Labour Code applies to all relationships where work is performed as dependent work. The Labour Code provides the legal definition of dependent work in Section 2 of the Labour Code (See chapter 1 of this book.) The declaration of both parties involved about which regulation shall govern their legal relationship is immaterial. If parties to a contract describe themselves as hirer and independent contractor, the courts shall consider the true substance of the relationship and not its descriptive form. However, the application of the definition is not a simple one. The question is whether all express criteria of the definition have to be met in order to identify the performed work as dependent work. Is it sufficient when only some criteria are fulfilled? Provided the latter is true, which of prescribed criteria is decisive? Additionally, most of the criteria in the definition of dependent work are ambiguous.

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