Employment

Regulation of the legal position of workers and of their working conditions derives from employment. Only by being employed, workers can acquire all rights encompassed in the Law on Labour Relationns, other specific legislation in the field of labour, and in regulations on social security (pension and disability insurance, health insurance and unemployment insurance). Hence, it is exceptionally important for workers to know how to identify employment and how to differentiate between similar contractual forms (e.g. service contracts), as well as forms of labour classified as ‘informal employment’ (e.g. unreported employment, disguised employment, unregistered activity and similar). 

‘Employment’ is a contractual relationship between the employee and the employer whereby the employee voluntarily joins the work process organized by the employer, for salary and other remuneration, and undertakes the work in person according to the instructions and under the supervision of the employer.

The most significant element for identifying that employment has been established is subordination, which can be seen when the worker joins the work process organized by the employer and undertakes the work according to instructions and under supervision of the employer. Additional indicators to help differentiate in practice between employment (employment contract) and other contractual relations on the occasion and in relation to labour (service contracts) are undertaking the work within or outside the scope of the employer’s activity (when the work performed by the worker belongs within the activity of the employer, there is an indication of established employment); bearing the economic risk of operations (in employment, the worker does not bear economic risk of operations since the risk falls to the account of the employer); method of payment (in employment, the worker receives periodic salary paid in equal parts); an obligation for undertaking the work in person (in employment, the worker is obligated to perform the work in person); duration of the work assignment (the work assignment of the worker in employment usually lasts for a relatively longer time period, i.e. it is not performed once only) and similar indicators.

My Labour.
My Rights
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The Labour Rights Campaign is implemented
by the Economic and Social Council supported by Strengthening Social Dialogue.

The project is funded by the European Union, and implemented by the International Labour Organization

partners1

The content is sole responsibility of the Strengthening the Social Dialogue Project
and does not necessarily reflect the positions of the European Union.

My Labour,
My Rights

Employment

Regulation of the legal position of workers and of their working conditions derives from employment. Only by being employed, workers can acquire all rights encompassed in the Law on Labour Relationns, other specific legislation in the field of labour, and in regulations on social security (pension and disability insurance, health insurance and unemployment insurance). Hence, for workers it is exceptionally important to know how to identify employment and how to differentiate between similar contractual forms (e.g. service contracts), as well as forms of labour classified as ‘informal employment’ (e.g. unreported employment, disguised employment, unregistered activity and similar). 

‘Employment’ is a contractual relationship between the employee and the employer whereby the employee voluntarily joins the work process organized by the employer, for salary and other remuneration, and undertakes the work in person according to the instructions and under the supervision of the employer.

The most significant element for identifying that employment has been established is subordination, which can be seen when the worker joins the work process organized by the employer and undertakes the work according to instructions and under supervision of the employer. Additional indicators to help differentiate in practice between employment (employment contract) and other contractual relations on the occasion and in relation to labour (service contracts) are undertaking the work within or outside the scope of the employer’s activity (when the work performed by the worker belongs within the activity of the employer, there is an indication of established employment); bearing the economic risk of operations (in employment, the worker does not bear economic risk of operations since the risk falls to the account of the employer); method of payment (in employment, the worker receives periodic salary paid in equal parts); an obligation for undertaking the work in person (in employment, the worker is obligated to perform the work in person); duration of the work assignment (the work assignment of the worker in employment usually lasts for a relatively longer time period, i.e. it is not performed once only) and similar indicators.

Share

The Labour Rights Campaign is implemented
by the Economic and Social Council supported by Strengthening Social Dialogue.

The project is funded by the European Union, and implemented by the International Labour Organization

partners1

The content is sole responsibility of the Strengthening the Social Dialogue Project
and does not necessarily reflect the positions of the European Union.