The Czech Republic Advances the Transposition of the EU Platform Work Directive

Author: Klára Šléglová

The Czech Republic is advancing the transposition of the EU Platform Work Directive. In March, the Ministry of Labour and Social Affairs published an official draft bill of the so-called Platform Work Act. The proposed provisions are to take effect on 1 January 2027, with certain provisions taking effect as of 1 January 2028. This article provides an overview of the main changes introduced by the Platform Work Act.

General Characteristics of the Platform Work Act

The Platform Work Act adopts several definitions contained in the EU Platform Work Directive itself, for instance regarding platforms, automated monitoring, and decision-making systems. The Act introduces definitions of key terms and establishes a legal presumption that a platform worker is in a basic employment relationship unless the platform or intermediary proves that at least one of the defining attributes of dependent work is not fulfilled. The legal presumption applies in all administrative, tax, and court proceedings (except for criminal and social security cases) and also when the contractual status of the platform worker is being assessed during an inspection, thus shifting the burden of proof onto platforms and intermediaries.

The Platform Work Act also includes several amendments to related legislation. It is proposed that the Act on Employment will no longer impose financial sanctions of up to CZK 100,000 (approx. EUR 4,100) on natural persons who perform illegal work, so the sanctions will be imposable solely on employers. Furthermore, platforms will be required to incorporate an internal reporting system in accordance with the Act on the Protection of Whistleblowers. Labour inspectorates are to be provided with the power to conduct inspections on the compliance of platforms with the Platform Work Act.

Redefining Dependent Work

The Platform Work Act amends the current statutory definition of dependent work contained in the Czech Labour Code. The proposal offers a precise explanation of the nature of the relationship of superiority of the employer and the subordination of the employee – the employer organises the work and controls the work performance of the employee, and the employee performs work according to the instructions of the employer and during working hours. These aspects must all be fulfilled simultaneously in order for the work to constitute dependent work within the meaning of the Czech Labour Code. Additionally, a new Section 2a is added, stipulating that dependent work must be performed personally by the employee, for a wage (mzda), salary (plat) or other remuneration for work, at the expense and responsibility of the employer, at the workplace of the employer or another agreed place. This amendment clarifies the definition of dependent work and moves the mandatory characteristics of how it is to be performed into a separate provision.

The process of submitting comments on the draft bill has already finished, but the draft bill has not yet been introduced to Parliament. The final binding version of the Act will therefore not be known until at least a few more months have passed since the publication of this article. Further amendments to the draft bill during the legislative process cannot be ruled out.

• The Platform Work Act proposes a minimalist transposition of the EU Platform Work Directive.
• The Platform Work Act amends the statutory definition of dependent work as stated in the Czech Labour Code.
• The Platform Work Act has yet to be discussed in and approved by Parliament and signed by the President.