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Work performance outside the employment relationship as an administrative offence and its punishment in the Czech Republic

100%

Benešová R.

tom 13

nr 3

276-295

The topic of this article is illegal employment under Section 5(e)(1) of Act No. 435/2004 Coll., on Employment, as amended, and its punishment in the Czech Republic. It deals exclusively with the fulfilment of the definition of illegal employment through the performance of work outside the employment relationship, i.e. situations where dependent work is either concealed, performed without a validly concluded employment contract or performed on a trial basis. The author objects to connect the employment area with the area of administrative punishment and to provide coherent knowledge on illegal work and its detecting and combating in the Czech territory. Hence, the article provides a detailed analysis of the current legal regulation of illegal work and links its wording with selected case law, thus creating a comprehensive overview of this issue.

Strict liability Regime in Poland

72%

Śliwiński E.

2019

tom 82

294-308

The article focuses on administrative violations, which are considered to be based on strict (or objective) liability model. Due to the lack of in-depth scholarly analysis of administrative liability, its principles had to be developed in the case-law of the Constitutional Tribunal, which influences the decisions of administrative courts. The recently introduced provisions of the Code of Administrative Procedure concerning administrative monetary penalties are also analysed. The conformity of this model with the guarantees provided by the European Convention on Human Rights is examined, as well. The analysis leads to the conclusion that three exculpatory circumstances are recognized in this regime: force majeure, necessity and ensuring the standard of diligence established by the Constitutional Tribunal.