Scholarly record

LEGAL REGULATION OF DEPENDENT WORK IN THE CZECH REPUBLIC

Daniela Svetlikova, J. Borska, S. Reznikova

Abstract

The legal order of the EU increasingly influences the domestic law of the individual member states of this supranational organization. Labour law is not an exemption, while it is considered to be a relatively independent branch of law in the legal system of the Czech Republic and of the other EU member states. Many member states, including the Czech Republic, have codified this area of law, i.e. the legal relations established through dependent work and the respective co-dependent relations are dealt with by a separate statute. According to Article 26 of the Charter of Fundamental Rights and Freedoms, anybody has the right to freely choose their employment or entrepreneurship and to make their living through work. To put this into practice, the Czech legal system has adopted binding legal treatment for both entrepreneurship and dependent work. The fundamental legal regulation of working relations is the Act No. 262/2006 Coll., the Labour Code, as amended. It is the essential legal regulation which cannot encompass all possible work relations and other similar relations on the labour market. There is a special legal treatment for officials of territorial self-administration units, the Act No. 312/2002 Coll., on the Officials of Territorial self-Administration Units, as amended, in addition to which the provisions of the Labour Code are used as subsidiary. The service relations of the officials of state administration and of policemen, soldiers or firemen are dealt with by separate legal regulations. Legal relations of state employees which perform state administration in administration offices as a service and the interconnected matters of organizational and personal character are dealt with by the Act No. 234/2014 Coll., on State Service, as amended, which became applicable on 1 January 2015. A number of relations between employers and employees in the area of public administration however, continues to be regulated by the Act No. 262/2012, Coll., the Labour Code, as amended. Based on the legal analysis and a subsequent comparison of legal regulations dealing with labour relations in general and with the labour relations of the officials of territorial self-administration units and the service relations of the officials of state administration, we necessarily conclude that the conditions of performing dependent work are different in many aspects, even though both the legal regulation of labour relations of the officials of territorial self-administration units and the legal regulation of the service relations of the officials of state administration suppose the use of the general legal regulation of the Labour Code and the Civil Code, either based on the principle of subsidiarity or delegation. There are clear differences in the ways of filling work places, in the demands on qualification and other personal qualities for performing a particular job or having a certain employment/service position, and also on the ways of the termination of employment/service relations and so on. It is equally important to mention that herein is the intersection between private and public law, of which the principles of application are fundamentally different.

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DOI resolver: doi.org/10.5593/sgemsocial2018/1.2/S02.086

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