Publication details
Dočasná pracovní neschopnost v kontextu pracovněprávní regulace a její vybrané aktuální aspekty
| Title in English | Temporary Unfitness to Work in the Context of Employment Law and Selected Current Aspects Hereof |
|---|---|
| Authors | |
| Year of publication | 2023 |
| Type | Article in Periodical |
| Magazine / Source | Právní rozhledy |
| Citation | |
| Keywords | Temporary Unfitness to Work; Protection of an Employee; Legitimate Interests of an Employer; Compensation for Salary (Public Sector Pay); Leave; Unilateral Termination of an Employment Relationship; Breach of Duty of a Temporarily-Unfit-to-Work Employee; Regime of an Insured Person Who Is Temporarily Unfit to Work |
| Description | The text deals with significant consequences in connection with existence of a temporary unfitness to work of an employee, which arise from legal regulation of employment law relationships, primarily the national Labour Code. While emphasizing the crucial protective function of labour law, claims of an employee for compensation for wages are more deeply discussed in the stated context, as well as special protective provisions relating to both leave and termination of employment relationship by employer. The subsequent part encompasses the issue of a regime of an employee who is temporarily unfit to work, focusing on its breach, where strong relations to respective public law provisions can be detected, too. The offering range of instruments for an employer is analysed in this sense, while taking the following into account: primarily, a control right of the employer, and secondarily (as a form of sanction following the breach observed), either reduction (or possibly even a total elimination) of employee’s compensation for wages, or notice given by employer. From the general point of view, presented considerations aim at accentuating the necessity of an effective practical realization of the maxim, which subsumes a proportionate balance of principally protective regulation towards employee, seen as an inferior (weaker) contracting party of employment relationships (also with regard to a potentially applicable theory of vulnerability), through a corrective presupposing protection of legitimate interests of employer, deemed essentially as a superior (stronger) contracting party of employment relationships (pars potentior). |