Working conditions are all the factors in an organisation that are related to the nature of the work and the environment in which it is carried out. Working conditions include, but are not limited to: the location of the company and workplace, the facility and scope of work, the material equipment of the working environment ( tools, machinery, equipment, buildings), working time, social facilities, the social and living activities of the company, the employment relationship. Working conditions are closely related to occupational hygiene, the prevention of accidents at work, which will be addressed in the occupational health & safety topic area.
Labour law is a very expansive area of law. Labour law norms are unilaterally binding, i.e. they define the minimum entitlements of the employee (e.g. minimum wages) and maximum obligations (e.g. working time limit). The specific regulations therefore protect the employee and, in addition, implement the basic principles of labour law. These include:
- the right to take up employment,
- the right to freedom of work (including the right to terminate the employment relationship),
- the obligation to respect the employee’s personal rights,
- prohibition of discrimination in employment,
- the right to fair remuneration,
- the right to rest,
- the state’s obligation to protect the rights of workers, based on legal automatism,
- the right to form and join professional organisations,
- the right to improve qualifications,
- the right to participate in the management of the company with regard to matters that affect employees personally,
- the principle of acting in favour of the employee,
- employer risk principle,
- the principle of equal treatment.
It should be emphasised that employees are not persons employed under civil law contracts (including contract of mandate and contract for specific work). Civil law contracts are governed by separate rules and are characterised by greater freedom than the employment relationship. The main difference is the lack of subordination of the contractor to the employer.
Employee organisations are regulated by law. You can find out about their objectives and the way they operate by following the attached links:
However, it is important to ensure that civil law contracts are used correctly and are not simply an attempt to circumvent the law and the company’s obligations as an employer. The employer must not use civil law contracts as a way to get a ‘cheaper employee’. The prolonged use of commissioned contracts will be reviewed by the auditor and may give rise to serious non-compliance. For example: according to McDonald’s requirements, people working on the basis of civil law contracts must not be treated less favourably in their employment than employees with an employment contract. This is because there may be discrimination against so-called ‘outsourcers’.