The husband cannot employ the husband’s wife and husband, although they may be cooperators. However, they can sometimes be employed in the same workplace. And what about other parents and family members? What are the restrictions on the employment of family members in the private sector and what are the state requirements?
The Labor Code prohibits the existence of an employment relationship, that is, not only an employment relationship (and an employment contract), but also an employment contract or an agreement on the performance of a job, between spouses and registered homosexual partners. Thus, it is not only that the husband should not employ his wife and husband, but if, for example, an independent contractor marries his secretary, he must end the employment relationship.
The prohibition of the mutual employment of spouses concerns both a situation in which one of the spouses would like to employ the other spouse and a situation in which an employment relationship or a non-employment employment contract has already been concluded and only then does the marriage take place. In this case, the employment relationship must be terminated immediately.
Together in a company, sometimes in the same workplace or in a family factory
On the other hand, the Labor Code does not prohibit the employment of spouses or other relatives in a company, or even in a workplace, even in the position of a superior and a subordinate. However, other rules apply to civil servants covered by the Civil Service Act.
However, the prohibition against mutual employment of spouses does not apply to a situation where one of the spouses participates in the business of the other spouse as a cooperating person.. It is either formally, when one of the spouses uses the advantages provided for by law within the framework of tax optimization and only distributes over the other the income and expenses necessary to obtain income, or when the spouses actually cooperate. On the contrary, when the Civil Code refers to the joint work of spouses in a family business, it directly presupposes cooperation.
A family business is a business in which the spouses or at least one of the spouses and their relatives work together up to the third degree of the family or the spouses with the spouses up to the second degree and which belongs to one of These persons . The rules of cooperation are governed by the Civil Code or the participants agree in the contract of partnership, the contract of tacit partnership or other agreement. The rules of cooperation can also be determined by the employment contract, but for example between the grandfather and the grandson. It is not possible, it is forbidden, between spouses.
It is also possible and permitted to be one of the spouses is employed by a legal entity – e.g. a company or cooperative where the other spouse acts as a legal person (for example, an officer of a limited liability company or the president of a cooperative) or is a partner of such a company, even if he is only one, so that he is the sole owner. There is then a working relationship not between the spouses, but between one of the spouses and this legal person. Thus, only the entrepreneur – a self-employed person – cannot employ the other spouse.
Read also : How to legally work with your wife in your own business
Can one spouse direct the other?
Nor does the Labor Code prohibit relatives or relatives, including spouses, from working for the same employer, even at the same workplace. One of the spouses can even be the superior (manager) of the other and direct it. This is often the case in services, restaurants and places of leisure, etc. But again, it may not be appropriate for the wife to work in the business, for example. as an accountant and husband as a controller. Such a prohibition of certain working relationships within a company or workplace it must be resolved by the employer himself by publishing internal regulations.
Read also : When the labor code violates the employer
Other rules apply to civil servants
However, the Civil Service Law prohibits civil servants close to each other from being placed in the service (in the offices) in such a position that one is directly subordinate to the other or subject to his financial control or an accountant. In the private sector, it depends on what the employer authorizes. If the employer is the state, the rules are strict. But again, in the state there is an exception for foreign service, for example, when employing diplomats in embassies of the Czech Republic. In the foreign service, it is permissible to subordinate one official to another, even if they are people who are close to each other.
Read also : 8 tips to remember between a cooperant and a freelancer
Who is a close person
In conclusion, we should probably explain that a close person is not just a husband and wife or a registered partner. A close person is also a direct relative, so for example a father with a son or a grandmother with a granddaughter, and a brother. The Civil Code still contains a formula so much more flexible that other persons in a family or similar relationship are considered close to each other if the damage suffered by one of them was reasonably felt by the other as the his. This is especially intended for unmarried couples – a friend and a companion. Neighbors or people who live together permanently are also considered close people.