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pseudo self-employed persons force ÚS to ask, whether effective measures in fighting
illegal work do not maybe consist of something completely different. The Czech
Supreme Administrative Courte has stated: “The aim to minimize costs and maximize
profit, with this activity being carried out by the entrepreneur providing for specific
activities via contracts for work done signed with economically independent, though from
the perspective of earnings volume and owned capital incomparably weaker producers,
is a rational measure that does not harm anybody and is thus also a legally permitted
measure serving a sensible order of societal relationships.” 1378 In the interest of further
economic growth, such changes will necessarily happen more and more often in
future and a successful protection of the Taylor-Fordian employment relationship, if
it is appropriate at all, 1379 does certainly not consist in demonizing outsourcing nor
subcontracting, nor does it consist in continuously raising sanctions. Strengthening
illegal work prevention through removing the motivation for circumventing the labour
law regulation (as for example the aim to evade higher personal income tax payments
and higher payments for health insurance and for social security as well as the State
employment policy contribution) and a tax system as well as a system of insurance
contributions into public social security programs which would both be transparent,
predictable and appropriate, would improve the enforcement of compliance with the
prohibition of dependent work outside the scope of labour relations better.1380
As far as a qualitatively better protection of employees from illegal work is concerned,
there are also other recommendable measures such as speeding up labour disputes (and
possibly the establishment of specialized labour courts), 1381 widening the legal space
for collective bargaining,1382 supporting collective bargaining between social partners,
subordinate (parasubordinate) employment: legal, social and economic aspects, This publication is
available e.g. at:
dateTexte=20120817 (Cit.: 17. 8. 2012).
1378 Judgement of the Supreme Administrative Court from 27. 7. 2006, reference number 2 Afs 173/2005-
69 and furthermore also the judgment of the Supreme Administrative Court from 15. 1. 2009, reference
number 7 Afs 72/2008-97.
1379 The economic integration within the NAFTA has led to lower social standards for less skilled workers
in all contracting countries, including the USA. In the interest of lower labour costs, the employers
preferred to use both less paid and less protected foreign employees. See: Casale, G. (ed.): The Employment
Relationship, A Comparative Overview, International Labour Office, Hart, Geneva 2011, p. 246 ff.
1380 See the judgement of the Supreme Administrative Court from 24. 2. 2005, reference number Afs
62/2004-70.
1381 The average length of judicial proceedings in labour disputes from the day of contest until decision’s
coming into effect is 607 days See MS ČR [Ministry of Justice of the Czech Republic]: Statistický přehled
soudních agend, druhá část, rok 2010 [Statistical overview of the courts’ agenda, second part, year 2010],
p. 14.
1382 The Czech Labour Code in its edition valid until 31.12.2011 prohibited in § 23 subs. 3 the use of
the inominate agreement and in § 28 of ZP [The Czech Labour Code] it prohibited the convalidation
of an invalid legal act and the conversion of a concealed legal act (regulation of § 41a of the Czech
Civil Code) and furthermore, there was a prohibition of objectionability (§ 42a Civil Code), offer for
contract (§ 43a Civil Code), termination of an offer (§ 43b), adoption of an offer (§ 43c), time when