The Supreme Administrative Court had again in its decision solved a question about determination of element of dependant work when the Court decided about the fine for performance of illegal work (decision 6 Ads 46/2013, as of 13.02.2014).

According to the decision of the Supreme Administrative Court, the crucial task was to determine the term of dependant work pursuant to the Labour Code. According to the Court, it is sufficient to associate the particular elements determined in Sec.2 Subsec. 1 of the Labour Code with common element of personal or economic dependency of the employee on the employer. The administrative authorities have to prove to the accused person by imposing of sanctions that:

-       work is performed within a relationship in which the employer is superior and the employee is subordinate,

-        the employee performs work personally, according to the employer’s instructions

-       dependant work demonstrates the element of consistency, it is not about one-time or occasional cooperation.

Only if the above mentioned elements are fulfilled, it leads to the personal or economical dependence of the employee on the employer, which associates all these elements of dependant work. As a complementary task may be considered that the person appears as an employer from the perspective of third persons.

Contrarily, with regard to the previous decisions, remuneration cannot be considered as an individual element of dependant work, nevertheless, it may be considered as an important task evaluation of concrete situation.