As part of the proposed new legislation on platform work, which aims to regulate and improve working conditions for work organised through digital platforms (i.e. work performed by, for example, drivers and couriers), the Czech Ministry of Labour and Social Affairs has also proposed an amendment to the Labour Code concerning the definition of dependent work. This definition is fundamental in determining what does and does not constitute so-called "bogus self-employment" (the Czech švarcsystém).

According to the explanatory memorandum accompanying the amendment, its purpose is to respond to the existing case law of the Czech Supreme Administrative Court, which, in the Ministry's view, interprets the concept of "dependent work" too broadly. In particular, the Court has inferred the existence of dependent work based on factors that are difficult to predict, such as the provision of employee benefits, allowances or supplementary insurance by the employer. The Ministry further emphasises in the explanatory memorandum that the intention of the amendment is to ensure that the same categories of individuals remain classified as performing dependent work as under the current legislation. Accordingly, the proposed changes should not have a significant impact on the overall scope of dependent work in the Czech Republic.

The proposed amendments are currently expected to take effect on 1 December 2026. However, their practical impact will ultimately depend on the final wording of the legislation and the way in which the new rules are implemented and applied in practice.

Authors: Helena Hailichová, Lenka Dvořáková