Between Flexibility and Precarity

19 Pages Posted: 30 Jul 2018

See all articles by Jakub Tomšej

Jakub Tomšej

Charles University in Prague - Faculty of Law

Date Written: July 17, 2018

Abstract

The recent economic crisis has increased the demand for atypical, flexible work patterns. Czech lawmakers have thus been under a continuous pressure by employers to adopt more liberal labour laws. Any increase of flexibility in labour relations, however, increases the risk of worsening the conditions of employees and deepening of precarity in labour relations. The article focuses on the current legal regulation of flexible forms of work under Czech law, and attempts to evaluate to which extent these patterns represent a welcomed option for both employers and employees, and to which extent they trigger the risk of precarious work. The author describes legal instruments such as agreements on performance of work outside employment relationship, fixed-term employment, part-time employment, employment through temporary work agency and remote working. Particular attention is paid to illegal work issues and related proceedings against employers. In summary, the author concludes that the increase of flexibility in labour relations has had positive consequences in many aspects, but also debates potential issues and challenges arising of the legal regulation for workers.

Keywords: Precarity; flexible work; atypical work; agency employment; illegal work

Suggested Citation

Tomšej, Jakub, Between Flexibility and Precarity (July 17, 2018). Charles University in Prague Faculty of Law Research Paper No. 2018/II/4. Available at SSRN: https://ssrn.com/abstract=3215978 or http://dx.doi.org/10.2139/ssrn.3215978

Jakub Tomšej (Contact Author)

Charles University in Prague - Faculty of Law ( email )

Nam. Curieovych 7
Praha, 11640
Czech Republic

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