Pelomov court decision: paid permission also for OSV

It is the first time that the European Court of Justice has ruled that a person who has a self-employed person who works for a company for paid commissions has a year of paid leave. For us it is the so-called varcsystm. The pelomov verdict was pointed out by the esk justice server.

At the end of November, the European Court of Justice recognized the claim of a certain King of Great Britain, who wanted to work for Sash Window Workshop Ltd for nineteen years, to pay for his unpaid leave. The company rejected him on the grounds that he worked for the company as a self-employed person. And the demand for paid leave is not.

Then King handed the window maker and two albums as he walked into the retirement. The fact that Mr King is an employee and is not allowed to pay is decided by the British Labor Court. And the European Court of Justice at the end of November upheld the decision.

The courts have told Europe, for example, that all employees who hide under the company in order to receive company fees are entitled to 4 weeks’ pay per calendar year under the first European Union. / EC of 4 November 2003.

V ppad King Vs. The Sash Window Workshop Ltd. This is a classic case of replacing employment contracts with some form of business cooperation. It can be legitimate, the business is flexible, I have more clients and waste a lot of administration. Sometimes the bag is just a dream. According to the Czech law, this is often the so-called varcsystm, ie the prohibition of circumvention of the first working regulations. One of the consequences will be the loss of the right to a holiday, for iDNES lawyer Ondej Preuss, the founder of the website přístupnyadvokat.cz.

He adds that first of all, in the case of the prohibited labor law, even according to the Czech law itself, it is possible to challenge such a relationship in court and qualify him for work first with all the first duties and obligations, ie even a holiday entitlement. You just need to be careful not to forgive all the years. Dan’s decision therefore confirms what we know in the first place, add Ondej Preuss.

In this context, the lawyer also draws attention to the ruling of the Court of Justice of the European Union, which ruled in December that UBER is a classic corporation, a classic taxi service, and therefore requirements could arise first for such first-time jobs.

According to the server of the Czech judiciary, for example, the European Federation of Newspapers, especially the German Association of Newspapers, is pleased with the decision of the European Court of Justice. According to this decision, this decision also applies to newspapers and independent employees who performed their work not only in Germany as a self-employed person.

Heath IM Provement