Úvahy nad legislativním vývojem českého pracovního práva

In the introductory part of his contribution, the author deals with a special nature of the Czech Labour Law as a separate branch of law, its component parts, and its relation to European Law. In the forthcoming codification of the Czech private law, the Labour Code should preserve its nature of a separate code – interconnected, however, with the Civil Code. General issues, especially those relating to legal facts, representation, securing obligations, calculation of time etc. should be uniformly regulated, allowing for the application of the principal of subsidiarity with respect to the Civil Code. The author is of the opinion that in other issues, the principal of delegation should apply, i.e. the Civil Code provisions would only be used if the Labour Code stipulated so expressly. In the conclusion, the author gives his idea of the scope of the Labour Code and the specific contents of its individual parts in terms of individual as well as collective labour law. After the adoption of the new Labour Code, there should still be a separate regulation, namely in the areas of employment rate and protection of employees in case of employer’s insolvency.

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Publication Details

Journal
AUC IURIDICA
Published
2025-02-13
DOI
https://doi.org/10.14712/23366478.2025.170
Primary Topic
Discrimination and Equality Law
Type
article
Field-Weighted Citation Impact
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article

Úvahy nad legislativním vývojem českého pracovního práva

Petr Tröster
AUC IURIDICA
Discrimination and Equality Law
article

Úvahy nad legislativním vývojem českého pracovního práva

Petr Tröster
article en

Abstract

In the introductory part of his contribution, the author deals with a special nature of the Czech Labour Law as a separate branch of law, its component parts, and its relation to European Law. In the forthcoming codification of the Czech private law, the Labour Code should preserve its nature of a separate code – interconnected, however, with the Civil Code. General issues, especially those relating to legal facts, representation, securing obligations, calculation of time etc. should be uniformly regulated, allowing for the application of the principal of subsidiarity with respect to the Civil Code. The author is of the opinion that in other issues, the principal of delegation should apply, i.e. the Civil Code provisions would only be used if the Labour Code stipulated so expressly. In the conclusion, the author gives his idea of the scope of the Labour Code and the specific contents of its individual parts in terms of individual as well as collective labour law. After the adoption of the new Labour Code, there should still be a separate regulation, namely in the areas of employment rate and protection of employees in case of employer’s insolvency.

AUC IURIDICAVol. 49(1)
Openalex Percentile: Top 96%
Discrimination and Equality Law
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Úvahy nad legislativním vývojem českého pracovního práva — Petr Tröster · AUC IURIDICA (2025) | TGRS Research Map | TGRS