Legal Q&A · Employment Law & HR

Are we liable if our supplier employs people illegally?

Law as at 29 August 2026

Short answer

You may be, in two ways. The law prohibits accepting work or services supplied through illegally employed people, for all supplies of labour and longer cross-border service provision; the customer faces a fine of up to EUR 200,000. If a statutory representative or managerial employee is proved to have known of the supplier's practices, a fine that could not be recovered from the supplier may also pass to the company. Protection comes from documents the supplier must provide by law and a properly drafted contract.

A subcontractor’s crew works on a building site, agency staff help in production, or a Polish company performs part of a contract through posted workers. If these people work illegally, the problem extends beyond their employer. In two situations, the law also places liability on the company that ordered the work or service.

The prohibition on accepting labour from an illegal employer

Act No. 82/2005 Coll. on Illegal Work and Illegal Employment prohibits the customer from accepting such work or services at all:

A legal entity or a natural person conducting business must not accept work or a service supplied or provided to it under a contract by a legal entity or natural person (the “service provider”) through a natural person whom the provider employs illegally, where this involves […] a domestic supply of labour or cross-border supply of labour.

Section 7b(5) of Act No. 82/2005 Coll. (unofficial English translation)

A supply of labour means temporary assignment of employees, whether from a Slovak agency or abroad, and posting between a controlling and controlled company. The prohibition applies from the first day of cooperation. For cross-border services, it applies once the service exceeds 30 days within 12 months of its first provision. Breaching the prohibition exposes the customer to a fine with an upper limit of EUR 200,000.

When someone else’s fine passes to you

The second mechanism targets supply chains. If a fine for illegal employment or additional payments cannot be recovered from the supplier through enforcement, the payment duty passes to the company to which it supplied labour, goods or services, or to other companies involved in the supply (Section 7b(2) of Act No. 82/2005 Coll.).

Knowledge must be proved: the customer’s statutory body or managerial employee knew the supplier had breached the prohibition on illegal employment. This is why inspections examine emails, meeting records and whether the supply price could even have covered lawful labour costs. “We had no idea” stands up only if it matches how the relationship actually operated.

How to protect yourself

The strongest tool comes from the law itself: on request, the service provider must promptly supply documents and personal data concerning the people through whom it supplies the work or service, enabling the customer to check that they are employed legally (Section 7b(6) of Act No. 82/2005 Coll.). Refusal or delay in providing documents is a serious signal even before signing.

In supplier contracts, we therefore recommend combining a declaration of lawful employment, a right to request documents at any point during performance, a contractual penalty and a right to withdraw immediately on breach. For temporary employment agencies, also verify a valid licence for the activity; for foreign suppliers, check who actually directs and pays the workers.

How we can help

We review supplier and agency contracts and add protective mechanisms through contract review. If production relies on sole traders, our working with self-employed contractors service addresses the boundary between commercial cooperation and dependent work. If an inspection is underway, we represent you before the labour inspectorate.

Checking a supplier before signing costs a fraction of defending the position after an inspection.

This answer provides general information on the law as at 29 August 2026. It does not constitute legal services or replace an assessment of an individual case. The details of your situation may differ. Book a consultation to discuss them.

More legal questions

All questions and answers
  1. When am I entitled to severance pay, and how much? Statutory severance pay mainly applies when the employer terminates employment on organisational grounds (closure, relocation or redundancy) or health grounds. The amount increases with years of service, from one to four times average monthly earnings for termination by notice, or up to five times for termination by agreement. There is no statutory severance entitlement for dismissal for misconduct.
  2. How long can probation last, and how can employment end during it? Probation may last up to three months, or six for managerial employees directly reporting to the statutory body, and must be agreed in writing or is invalid. It cannot be extended. During probation, either employer or employee may terminate employment in writing for any reason or without giving a reason; notification should generally be served at least three days in advance.
  3. When may an employer terminate employment immediately? An employer may terminate employment immediately only exceptionally: where the employee has been finally convicted of an intentional criminal offence or seriously breached work discipline. It must act within two months of learning of the grounds and no later than one year after they arose. Protected employees, such as those on maternity or parental leave, cannot be dismissed immediately.
  4. Is a post-employment non-compete clause valid, and must compensation be paid? Yes, but under strict conditions. A post-employment restriction may be agreed for a maximum of one year and only with an employee who could have acquired sensitive knowledge. The employer must pay at least 50% of average monthly earnings for each restricted month; without compensation, the clause is invalid. Any contractual penalty must not exceed the total compensation.

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Mgr. Patrik Tulinský, LL.M. Czech and Slovak attorney · SAK 300422 · ČAK 19654

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