K spravodlivej požiadavke ďalšieho zamestnávania zástupcu zamestnancov

The presented paper focuses mainly on the content and limits of the concept of the so-called “just demand for further employment of an employee representative”, primarily through an analysis of relevant court decisions, with a particular focus on assessing the proportionality between the protection of employee representatives and the legitimate interests of the employer. Particular attention is devoted to identifying the conceptual threshold beyond which the obligation to maintain the employment relationship – despite opposition from the employee representatives – can no longer be regarded as fair. The main objective of the paper is to explore where the notional boundary lies – beyond which it cannot be justly expected to employ such employee any further.