Principles of Transfer of European Versus Czech Human Rights and Responsibilities Arising Employment Legal Relations

Abstract The aim of paper is to define differences between Czech legislation and European law established by law or other valid legal regulations and to point out key areas that are different and key principles for transfer of European and Czech human rights and responsibilities arising employment legal relations. The paper of entire study is determination of proposal for measures related to changes in Czech legislation, which formulate proposals changes in Czech legislation. The paper provides a basic overview of theoretical framework for a practical understanding of human rights and responsibilities from labour relations on basis of administrative and legal acts, as well as court decisions. The methods that were used are method of induction and deduction, Best Practice method (own experience from professional practice of authors in positions Deputy of HR manager and lawyer), exclusionary method, observation method, classification analysis method, method of abstraction and comparison method. Outcomes are a comparison of current national and European legislation in form of a case study which is based on essential parts of provisions of relevant legislation of Czech Republic according to paragraph 2 of §338 of Labour Code analysing social work implications in accordance with European legislation make take precedence over Czech law and could be reduced by criteria for assessing retention of identity of transferred economic entity due to a time delay affecting postponement of tasks. The main benefit of study is differences in European legislation when contracting a business transfer or merger. Future research must be compared other legislation in selected European countries not only Czech Republic. European law must be adjusted with respect to individual European countries in future so that even court decisions in each European country are equally legally valid.

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Publication Details

Journal
Danube
Published
2025-03-01
DOI
https://doi.org/10.2478/danb-2025-0005
Primary Topic
Discrimination and Equality Law
Type
article
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Principles of Transfer of European Versus Czech Human Rights and Responsibilities Arising Employment Legal Relations

Radka Vaníčková, Stanislav Bílek
Danube
Discrimination and Equality Law
article

Principles of Transfer of European Versus Czech Human Rights and Responsibilities Arising Employment Legal Relations

Radka Vaníčková, Stanislav Bílek
article en

Abstract

Abstract The aim of paper is to define differences between Czech legislation and European law established by law or other valid legal regulations and to point out key areas that are different and key principles for transfer of European and Czech human rights and responsibilities arising employment legal relations. The paper of entire study is determination of proposal for measures related to changes in Czech legislation, which formulate proposals changes in Czech legislation. The paper provides a basic overview of theoretical framework for a practical understanding of human rights and responsibilities from labour relations on basis of administrative and legal acts, as well as court decisions. The methods that were used are method of induction and deduction, Best Practice method (own experience from professional practice of authors in positions Deputy of HR manager and lawyer), exclusionary method, observation method, classification analysis method, method of abstraction and comparison method. Outcomes are a comparison of current national and European legislation in form of a case study which is based on essential parts of provisions of relevant legislation of Czech Republic according to paragraph 2 of §338 of Labour Code analysing social work implications in accordance with European legislation make take precedence over Czech law and could be reduced by criteria for assessing retention of identity of transferred economic entity due to a time delay affecting postponement of tasks. The main benefit of study is differences in European legislation when contracting a business transfer or merger. Future research must be compared other legislation in selected European countries not only Czech Republic. European law must be adjusted with respect to individual European countries in future so that even court decisions in each European country are equally legally valid.

DanubeVol. 16(1)
Prague University of Economics and Business (CZ), Institute of Technology and Business (CZ)
Openalex Percentile: Top 88%
Discrimination and Equality Law
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Principles of Transfer of European Versus Czech Human Rights and Responsibilities Arising Employment Legal Relations — Radka Vaníčková, Stanislav Bílek · Danube (2025) | TGRS Research Map | TGRS