RECAUDACIÓN, DISPERSIÓN E INDIVIDUALIZACIÓN

Agreements on work performed outside employment relationship § 223

(1) In order to perform their tasks or to provide for their needs, employers may conclude agreements with natural persons on work performed outside an employment relationship („work performance agreements“, „agreements on work activities“ and „agreements on temporary jobs for students“) for work that is limited in its results („work performance agreement“) or occasional activities limited by the type of work („agreement on work activities“, „agreement on temporary work for students“). Labour law relations based on agreements on work performed outside an employment relationship shall be governed by the provisions of the part first and the part sixth of this Act.

(2) Such agreements may only be concluded with an adolescent employee if such shall not jeopardise his/her healthy development, safety, morality or vocational preparation. (3) Such agreements may not be concluded for activities that are a subject of protection pursuant to copyright law.

(4) Disputes pursuant to such agreements shall be dealt with equally to disputes pursuant to employment relationships.

§ 224

(1) On the basis of concluded agreements pursuant to § 223, employees shall be obliged in particular

a) to perform work conscientiously and properly and to adhere to the conditions concluded in such an agreement,

117 b) to perform works personally,

c) to adhere to legal regulations relating to the work performed by him/her, in particular legal regulations for securing occupational health and safety; to adhere to other

regulations relating to the work performed by him/her, in particular regulations pursuant to securing occupational health and safety with which he/she was properly acquainted, d) to properly manage entrusted resources and to protect the property of the employer against damage, loss, destruction and abuse.

e) to notify the employer in writing without unnecessary delay of all changes affecting his/her labour-law relation and relating to his/her person, in particular any change of name, surname, permanent residence or temporary residence, address for the delivery of correspondence, health insurance and if payment is made to the employee‟s account in a bank or branch of a foreign bank with the employee‟s consent, also any change in banking details.

(2) On the basis of agreements concluded pursuant to § 223, an employer shall be obliged in particular

a) to create appropriate working conditions for the employee securing the proper and safe performance of work, in particular to provide necessary fundamental resources, materials, tools and personal protective work aids,

b) to inform employees of legal and other regulations relating to the work performed by them, in particular regulations for securing safety and health protection at work,

c) to provide the employee with the agreed remuneration for work performed, and to adhere also to other concluded conditions; as the case may be, other concluded entitlements of an employee or other settlement to his/her benefit may not be concluded for the employee more favourably than are similar entitlements to settlement arising from an employment relationship,

d) to keep records of agreements on works performed outside employment relationship in the sequential order of their conclusion,

e) to keep working time records of employees performing work on a basis of an agreement on temporary job of students and on a basis of an agreement on work activities.

(3) Prohibition of work and workplaces for pregnant women, mothers who have given birth within the last nine months and breastfeeding women and adolescents shall also be applicable to work performed on the basis of these agreements.

§ 225

(1) An employee shall be accountable to the employer with whom he/she concluded a work performance agreement pursuant to § 223 for damages caused due to breach of obligations in the performance of work or in direct relation to such, equally to that of an employee in an employment relationship. Compensation for damages caused by negligence may not exceed a third of actual damages and may not be greater than one

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third of the remuneration concluded for performance of such work, except cases pursuant to § 182 to § 185.

(2) The employer shall be accountable to an employee for damages that the employee sustained in the performance of work according to the concluded agreement or in direct relation to such, equally to that of an employee in an employment relationship.

§ 226

Work performance agreement

(1) An employer may conclude a work performance agreement with a natural person if extent of work (work tasks) for which the agreement is concluded is not in excess of 350 hours in a calendar year. The period of work shall include work performed by the employee for the employer pursuant to a different work performance agreement.

(2) A work performance agreement shall be concluded in writing, otherwise this agreement is invalid. The work performance agreement must include the definition of the work tasks, agreed remuneration for performance of it, the period in which the work task is to be performed and the extent of work, if its extent is not directly influenced by the definition of the work task. A written agreement on work performance shall be concluded at the latest on the day preceding the day of the work performance commencement. (3) Work tasks must be performed within the period as concluded, otherwise the employer may withdraw from the agreement. An employee may withdraw from an agreement if unable to discharge the work tasks because the employer has not created the working conditions as agreed upon for him/her. The employer shall be obliged to compensate the employee for damages arising from such.

(4) Remuneration for performance of a work task shall be due upon completion and submission of the work. The parties may agree that part of remuneration shall be due upon performance of a determined part of the work task. The employer may appropriately reduce the amount of remuneration upon negotiation with the employee if the performed work does not correspond to the conditions as concluded.

(5) If an employee dies prior to performance of the work task yet the employer may utilise the results of such, entitlement to remuneration appropriate to the work performed and entitlement to compensation for essential outlay of costs shall not be annulled but shall become part of inheritance.

§ 226a is deleted with effect from 1 July 2003 Agreement on temporary job of students

§ 227

(1) An employer may conclude an agreement on temporary job of students with a natural person who has a status of a student.

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(2) On the basis of an agreement temporary job of students work exceeding half the determined weekly working time on the average may not be performed.

(3) Adherence to the agreed and maximum extent of working time pursuant to paragraph (2) shall be assessed for the entire period for which the agreement is concluded, however for the maximum of 12 months.

§ 228

(1) An employer shall be obliged to conclude an agreement on temporary job of students in writing, otherwise it shall be invalid. The agreement must state: the agreed work, the agreed reward for the work performed, the agreed extent of working time and the period for which the agreement is concluded. The employer shall be obliged to issue the employee with one copy of the agreement on temporary job of students.

(2) An agreement on temporary job of students shall be concluded for a determined period or for an undetermined period of time. The method of termination of the agreement may be agreed in the agreement. Confirmation of the status of a student pursuant to the said agreement shall constitute an inseparable part of the agreement. Immediate termination of the agreement may only be agreed in cases where an employment relationship may be terminated immediately. If the method of termination does not follow directly from the agreement concluded, it may be terminated by the agreement of participants as of the agreed date, and unilaterally only by giving notice without stating a reason with a 15-day notice period beginning on the day when the written notice was delivered; this shall not apply if an agreement is concluded in the period from the end of study at secondary school or the end of the summer semester in higher education no later than by the end of October of the same calendar year.

§ 228a

Agreement on work activity

(1) Work activities may be performed for up to 10 hours per week on the basis of an agreement on work activities.

(2) An employer must conclude an agreement on work activities in writing otherwise it shall be invalid. The agreement on work activities must state the agreed work, the agreed remuneration for work performed, the agreed extent of working time and the period for which the agreement is concluded. The employer must give one counterpart of the agreement on work activities to the employee.

(3) An agreement on work activities may be concluded for a definite or indefinite period. The agreement may include an agreement on the method of its termination. Termination of the agreement with immediate effect may be agreed only for those circumstance in which an employment relationship may be terminated with immediate effect. If the method of termination of the agreement is not agreed in the agreement itself, termination

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is possible by agreement of the contracting parties as of an agreed date, and may be terminated by a single party only with notice without stating a reason with a 15-day notice period starting from the date on which written notice is delivered.

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