Protection of Weaker Party in Labour Law

Helena Barancová

In: Societas et iurisprudentia • 2019 • Volume 7 • Issue 1 • Pages 19-46 • ISSN 1339-5467

Abstract: The protective function of the labour law is its dominant function. The protective function of the labour law must also be respected by the Slovak legislator by every legislative change of the labour law also in the future. Not only the Constitution of the Slovak Republic, as it follows from the Article 36, but also the international labour law, the law of the Council of Europe as well as the labour law of the European Union bind him to this. The Civil Procedure Code which deals with the settlement of the labour disputes before the court considers these disputes to be disputes with the protection of the weaker party, for which specific procedural rules apply, more favourable to the employee as the party to the dispute. In the paper, the author analyses the extent to which the protection of the weaker party is respected by the Slovak legislator in the existing substantive regulation of the labour law relations. The author’s analysis focuses on a number of labour law institutes, in particular on the area of pre-contractual relations, on the issues of current working time regulation, on the issue of termination of employment by the employer and on other areas. In particular, according to the author, the area of the labour law regulation of working time has more serious reserves in protecting an employee as a weaker party.

Key Words: Labour Law; Protection of Weaker Party; Labour Law Relations; Employee; Employer; Pre-contractual Relations; Working Time; Vacation; Termination of Employment by Employer; the European Union; the Slovak Republic.

URL: https://sei.iuridica.truni.sk/archive/2019/01/SEI-2019-01-Studies-Barancova-Helena.pdf

Bibliographic Citation

BARANCOVÁ, H. Ochrana slabšej strany v pracovnom práve. Societas et iurisprudentia [online]. 2019, vol. 7, no. 1, pp. 19-46 [cit. 2020-01-01]. ISSN 1339-5467. Available at: https://sei.iuridica.truni.sk/medzinarodny-vedecky-casopis/archiv/cislo-2019-01/ochrana-slabsej-strany-v-pracovnom-prave/.