SLP 02 (2013)

company leadership in a labour relationship 1365 that force ÚS to consider dependent work from two further angles. Thus especially the definition of a certain kind of work as dependent work has only then sense, if it brings the performer of this work a sufficient social protection, a catalogue of rights, the compliance with which will be possible to rapidly and effectively enforce. If in the case of employees working on the basis of agreements to work outside the scope of employment, or in the case of agency employed workers and other atypical workers the labour law’s protective function doesn’t largely hold 1366 (and these persons’ participation in the public law systems of social security is or may be suppressed), it cannot be proven that the use of the respective contract type according to the Labour Code or the Commercial Code is too risky 1367 for economically weak or socially endangered citizens. If we perceive the loss of legal independence in turn for social security as a part of the labour law regulation, then there simply is no material reason for preserving the labour law status of these workers. With home employees, pedagogical workers, persons exerting clerical services as well as members of company statutory bodies who are entrusted to perform company leadership in a labour relationship, the situation is different. These persons are out of historical reasons and in the case of persons entrusted to perform company leadership out of other reasons granted full or partial labour law status 1368 (there’s an assimilation), although in the case of home employees and persons entrusted to perform company leadership in a labour relationship there’s no employer superiority present and in the case of persons exerting clerical services, it is necessary to respect the church’s or religious community’s law to independently administer its business, or rather the freedom to express one’s religious belief freely. On the basis of these 1365 In the French legal regulation commercial representatives, entertainers and journalists are mentioned; in the Italian regulation, it is the co.co.co., co.co.co.pro and sportsmen. See: Pélissier, J.; Supiot, A.; Jeammaud, A.: Droit du travail, Paris, 2008, p. 403 ff. a Nogler, L.: The Concept of Subordination in European and Comparative Law, University of Trento, Italy, 2009, p. 87. 1366 The same can be found in: Stránský, J.: Dohody o pracích konaných mimo pracovní poměr – flexibilita za každou cenu? [Agreements to work outside the scope of employment – flexibility at any price?] , p. 81 ff. 1367 The legislator argues that the scope of this work is small (publication 411 PS PČR [Chamber of Deputies of the Czech Parliament] , explanatory report, special section, p. 81 ff.), but is has been proven later on that on the basis of an agreement to perform work, the employee may work for the set weekly worktime for over six months. Yet the chance to use 50% of the yearly work fund surely cannot be declared as marginal. One could maybe discuss about the limited character of agreements to complete a job, although even here the quantitative limit is 300 hours (from 1. 1. 2012) which corresponds to 37,5 work shifts (work days) á 8 hours, i.e. to almost two months of work. See the decision of Státní úřad inspekce práce [State Labour Inspection Office] from 26.6.2012, reference number 1721/1.30/12/14.3 and compare with the decision of Státní úřad inspekce práce [State Labour Inspection Office] from 21. 6. 2012, reference number 2121/1.30/12/14.3, p. 6. 1368 In the case of clergy, this group’s remuneration hasn’t been differentiated from the remuneration of civil servants, neither have clergymen been excluded from the general national system of pension insurance.

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