Pogosto vprašanje
When must work not be carried out on the basis of a referral for temporary and occasional work for pupils and students but an employment agreement should be concluded?
The purpose of temporary and occasional work for pupils and students is to enable pupils and students to gain work experience and earn extra income during their education, as well as to provide the employers with a selection of potential future personnel and flexible workforce to meet the needs of exceptional personnel.The temporary and occasional nature of the work for pupils and students is emphasised; therefore, this is the work performed for a specific short period of time or from time to time.
According to the Employment Relationship Act, temporary and occasional work for pupils and students must not be performed when elements of the employment relationship are present.The temporary or occasional nature of the work for pupils and students is the essential distinctive character compared to the work performed for the employer by the employees in the employment relationship on the basis of employment agreements.
In the case of the existence of the elements of the employment relationship (voluntary inclusion in an organised work process of the employer, continuous work, work for salary, performance of work under the direction and supervision of the employer), the Employment Relationship Act in Paragraph 2 of Article 13 prohibits work under civil law contracts except if so provided by law. Violation of this prohibition of the Employment Relationship Act is sanctioned as an offence.
According to the Employment Relationship Act, temporary and occasional work for pupils and students must not be performed when elements of the employment relationship are present.The temporary or occasional nature of the work for pupils and students is the essential distinctive character compared to the work performed for the employer by the employees in the employment relationship on the basis of employment agreements.
In the case of the existence of the elements of the employment relationship (voluntary inclusion in an organised work process of the employer, continuous work, work for salary, performance of work under the direction and supervision of the employer), the Employment Relationship Act in Paragraph 2 of Article 13 prohibits work under civil law contracts except if so provided by law. Violation of this prohibition of the Employment Relationship Act is sanctioned as an offence.