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On the definition of dependent work

Publication at Faculty of Law |
2023

Abstract

The monograph responds to the ongoing discussions on the definition of dependent work, supported by the currently discussed amendment to the Employment Act, which complements the existing definition of dependent work. Its aim is not to comprehensively discuss the institution of dependent work in all its contexts. On the contrary, the monograph deals with current issues related to the definition of dependent work.

The subject of this book is both a reflection on the need to redefine dependent work, including the possibilities of foreign inspiration, and an analysis of specific institutes that are problematic from the perspective of the definition of dependent work. This may be due both to the reduced protection of the employee who performs dependent work (as in the case of precarious employment) and to the fact that it is questionable whether such work is dependent work at all.

The monograph examines the relatively new institutes of the sharing economy, digital platforms and crowdsourcing, but also looks at the differences in the status of employees and self-employed persons, or the legal status of university students doing work experience. It also deals with the aforementioned precarious employment in the form of agreements on work performed outside the employment relationship and the extent to which this employment fulfills the characteristics of dependent work. The monograph also deals with illegal work and its liability consequences, the issue of de facto employment and so-called trial work and their consequences in the event of an accident at work.