Employment relation or civil law contract? – The Chief Labour Inspectorate provides a list of questions.
The Chief Labour Inspectorate has published a 42-question checklist, a so-called self-assessment list, for companies and individuals working under civil law contracts (including B2B). Its purpose is to facilitate the assessment of whether, in a given case, the appropriate form of employment is a civil law contract or an employment contract, emphasizing that classification depends on the actual manner of work performance, not a contract’s name.
The CLI stresses that the document is non-binding and represents only a proposal for consultation with representatives of employer organisations and trade unions.
Questions cover, among other things:
- the existence of organisational subordination:
- whether a supervisor issues instructions,
- whether ongoing supervision exists,
- whether the employee is required to follow procedures, instructions, and work standards,
- whether the performance of tasks is evaluated
- the organisation of working time:
- whether working hours, schedules, and breaks are set,
- whether the employee is required to be available, report absences, and justify them as in an employment relationship,
- whether the employee is entitled to leave
- determination of place and conditions of work:
- whether the employee must work personally at company premises or another designated location,
- whether the employee uses the company’s workstation and equipment, including work apparel or identification badges,
- whether the employee is subject to mandatory health and safety training and medical examinations as an employee
- method of remuneration and risk allocation:
- whether remuneration mainly depends on time worked rather than results,
- whether the contractor is free from real economic risk,
- whether the employer can apply fines, deductions, bonuses, and other instruments typical for employees.
The Chief Labour Inspector emphasizes that the list is intended to help employers and employees assess how many features of employment are present in a given legal relationship, and its final version will be developed in cooperation within the Social Dialogue Council.
The CLI awaits comments from employers and trade unions until 4 December 2025.