Since the beginning of the new year several changes in labour law area have become effective. One of the most important changes is treatment of illegal work and illegal employment.
As the illegal employment is considered especially late employee registration and deregistration at Social Insurance Company and dependent work performed by physical person for other physical or legal person – an entrepreneur – without a proper legal relationship concluded according to the Labour Code.
Moreover, the illegal employment is also defined as a dependent work performed by a foreign national of a country – which is not a EU member, member of the Agreement on the European Economic Area or Swiss Confederation – or by person without any nationality (hereinafter as „third-country nationals“) who does not have a granted temporary residence for the purpose of work and valid work permit, if it is required by law and if an international agreement binding for the Slovak Republic does not specify otherwise.
As of 1.11.2013 this kind of employment will be treated as breach of law regardless of the date of labour inspection.
Penalties for employers
Following penalties can be imposed to an employer or an entrepreneur:
- for the breach of ban of illegal employment of an individual it will be possible to impose the penalty in the amount of min. 2 000 EUR
- for the breach of ban of illegal employment of two or more individuals the penalty in the amount of min. 5 000 – 200 000 EUR
- for obstruction of the execution of work inspection by an employee of the employer the penalty in the amount of 100 – 1 000 EUR
- repeated breach of the ban can be considered as a reason for cancellation of trade license
- in case of breach of duties resulting from legal provisions governing ban of illegal work and employment the penalty can be also imposed to company representatives and statutory bodies. The penalty can be imposed also if they have given an instruction to breach or they have concealed facts relevant for execution of work inspection. They can be penalized up to 4 times of their average monthly salary
Penalties for individuals
Individuals can be penalized as follows:
- performance of illegal work will be penalized in the amount of 331,94 EUR
- by performing the illegal work by registered job applicant, he/she will be removed from the evidence as of the day of finding
- for obstruction of the performance of work inspection the penalty in the amount of 65 – 650 EUR can be imposed
Who is entitled to execute the inspection of illegal employment?
The inspection of illegal employment can be conducted by following authorities:
- Labour Inspectorate
- Centre of Labour, Social Affairs and the Family
- Office of Labour, Social Affairs and the Family