| Abstract [eng] |
Illegal and undeclared work can be considered one of the most serious violations of labour law. Not only are the rights of the illegal worker violated, but also the state and society are harmed. Often, in order to conceal the employment relationship between the parties, civil contracts are concluded, which, although they have a number of similarities, are also easily distinguishable on the basis of their differences. In the case-law, it is noted that it is quite common for employment relationships to be formalised on the basis of a civil contract. The case-law has dealt with illegal employment quite extensively: the courts have formulated rules defining the identifying features of this institution, which allow to identify the actual legal relationship between the parties. The case law is full of disputes concerning the application of liability for illegal employment to the employer, but it is noticeable that the courts refer to the precedents already established and do not create new rules in this type of cases. Meanwhile, undeclared work has not been thoroughly investigated to this day, a trend that can be observed in the cases before the courts. On the one hand, this may be due to the fact that the courts do not hear cases in the context of undeclared work at all and that the parties are able to resolve their disputes amicably, but on the other hand, the scarce case-law may also be due to the fact that the legal regulation of undeclared work is not comprehensive, but only defines the concept and the characteristics in a superficial way. |
