Control of Compliance with the Ban on Illegal Work and Illegal Employment in the Sector of Road Freight Transport

The form of doing work for a haulier as a self-employed person/company depends mainly on the type of work performed. In most cases, a haulier has two options: to employ an employee (employment relationship) or to hire a self-employed person which performs for him an order. According to the Labour Code, employee work (dependent work) can be carried out only under the employment relationship. The Labour Code explicitly prohibits the dependent work to be substituted with any contractual commercial or civil law relationship. However in practice, there are cases where the dependent work, mainly employment relationship, is confused with hiring self-employed persons. The legislation prohibits such cooperation (cooperation involving features of dependent work). Dependent work cannot be performed within a contractual civil law relationship or commercial law relationship under special regulations. In this case, this may represent a violation of Act No. 82/2005 Coll. on Illegal Work and Illegal Employment which defines illegal employment.