Before hiring workers, it’s important to consider the different options for employment in the Czech Republic. For example, if you only want to hire a worker on a short-term basis to complete a one-off project that’s not central to your business’s mission, it may be better to hire an independent contractor.
On the other hand, if you’re looking for long-term support and expect to exercise control and direction over the worker, you’ll likely need to hire an employee. We’ll explore the differences between these employment options below.
Main options for employment in the Czech Republic
The three main options for employment in the Czech Republic are:
- Employee: Employees are engaged with employment contracts, and work under the supervision and control of their employer. They can be engaged on an indefinite, fixed-term, part-time, or full-time basis, though there are limits on when and how fixed-term contracts can be used.
- Independent contractor: Independent contractors work under civil law contracts, not employment contracts. They are responsible for setting their own hours and place of work and typically provide their own tools and equipment. Engaging an independent contractor can be more cost-effective than employment in the Czech Republic, but employers must be careful to correctly classify their workers to avoid fines and penalties.
- Agency worker: Agency workers are workers who are temporarily hired out to user companies by temporary work agencies. There are some limitations on the use of temporary work agencies in the Czech Republic. Temporary workers also have the right to be treated at least as favourably as other employees regarding pay and other employment conditions.
Other hiring options in the Czech Republic
Under Czech law, there are two other options for employment. Workers can be hired under either an ‘agreement on work performance’ or an ‘agreement on work activity’. These types of agreements are more flexible from the employer’s perspective, particularly regarding termination procedures. Employers also only have to pay social security and health insurance contributions for workers on this type of contract once they reach a certain remuneration threshold.
An agreement on work performance can be used for workers who work up to 300 hours per calendar year, and an agreement on work activity can be used for workers who work no more than 50% of full-time hours on average.
Misclassification of employees as independent contractors in the Czech Republic
When an employee is misclassified as an independent contractor, they miss out on key employee benefits and protections. Local and national tax authorities also can’t collect the tax and other contributions that would be due if they were properly engaged under an employment contract.
For this reason, the misclassification of employees as independent contractors in the Czech Republic can have serious consequences for an employer. Specifically, they can be fined up to CZK 10,000,000 (around EUR 400,000) for the offence.
The characteristics that suggest a worker is an independent contractor or an employee are different in every country. In the Czech Republic, the Labour Code provides guidelines that employers can use to assess their worker classifications. According to the Labour Code, a worker is likely to be an employee if:
- They worker works under the supervision and control of the employer (subordination)
- The work is performed in the name of the employer
- The employer gives instructions on how the work should be carried out
- The worker must carry out the work themselves and cannot engage a substitute