Abstract
The contribution deals with the private law consequences of performing illegal work, specifically the possibilities of individuals to obtain labor law claims through the courts in the case of so-called factual work, i.e. without any written contract. In this context, attention is paid to the difference between a factual employment relationship and a real employment relationship and the consequences resulting from it.
Furthermore, the question of the employment rights of foreigners performing illegal work without a work or residence permit is discussed, specifically whether such performance of work can be considered a full-fledged employment relationship.