Publication details
Pracovněprávní aspekty náhradního mateřství
| Title in English | Labour Law Aspects of Surrogacy Motherhood |
|---|---|
| Authors | |
| Year of publication | 2017 |
| Type | Article in Proceedings |
| Conference | COFOLA 2017 - Sborník z konference |
| MU Faculty or unit | |
| Citation | |
| Web | https://www.law.muni.cz/sborniky/cofola/2017/cofola2017.pdf |
| Keywords | Motherhood; surrogacy motherhood; labour relations; maternity leave; parental leave; entitled person; special working conditions; extended protection in labour relations; right to equal treatment |
| Description | The use of surrogacy motherhood may have a significant impact on labour relations. The labour law regulations link with the pregnancy and confinement the obligation to ensure for female employees special working conditions, the right to maternity leave as an obstacle to work at the female employee’s side and the right to extended protection in labour relations inter alia with respect to termination of an employment relationship made by an employer. The childbirth establishes the right to parental leave as an obstacle to work at the employee’s side, the right to special working conditions in connection with childcare and the extended protection in labour relations. The present paper analyses who will enjoy the abovementioned rights in case of surrogacy motherhood, commissioning or surrogate mother. With respect to the absence of regulation of surrogacy motherhood in the legal order of the Czech Republic, the matter of the paper is the author’s reflections about possible problems that may occur in practice in connection with the use of surrogacy. Moreover, the paper analyses interpretation of the right to maternity leave for the purpose of EU law in case of surrogacy motherhood in case-law of the Court of Justice of the EU which is considered remarkably controversial by experts dealing with labour law. |