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- Title
INDIVIDUÁLNY PRACOVNOPRÁVNY SPOR.
- Authors
Mikušová, Jana
- Abstract
The procedural protection of labour relations, or the possibility to defend one's violated or threatened subjective right by means of procedural law, is very specific in the case of labour relations. This specificity is due to the relationship between the employee and the employer, who at the time of the conclusion of the employment relationship act as subjects of equal status, but in relation to the performance of the work itself, the employer acts in a superior position to the employee. This is reflected in, and is based on, the basic characteristic of dependent work as work carried out on the instructions of the employer, on his behalf, in most cases with the means of work provided by the employer, during the working hours determined by the employer, with the employee receiving a wage or remuneration for the work performed as the remuneration. The characteristic of dependent work, and thus of the employment relationship itself, as a relationship between a superior and a subordinate entity is also reflected in the procedural institutes governing the employment dispute. With the adoption of the new Civil Procedure Code in 2016, the institute of an individual labour dispute was introduced into the Slovak legal order, which had not been included in the legal order before. In this article, we focus on the analysis of the legal regulation of the individual labour law dispute as a fundamental legal institute in the field of procedural protection of labour relations with regard to the relevant case law. Last but not least, we examine the effectiveness of this legislation with a distance of 7 years from a practical point of view and present our de lege ferenda proposals.
- Subjects
LABOR laws; WORKING hours; INDUSTRIAL relations; JOB performance; JOB descriptions
- Publication
Young Science / Mladá Veda, 2023, Vol 11, Issue 2, p242
- ISSN
1339-3189
- Publication type
Article