Employerֹ’s Insurance for Damage in the Event of a Work Accident or Occupational Disease from the Point of View of Financial Law Theory Cover Image

Pojištění zaměstnavatele za škodu při pracovním úrazu nebo nemoci z povolání z pohledu finančněprávní teorie
Employerֹ’s Insurance for Damage in the Event of a Work Accident or Occupational Disease from the Point of View of Financial Law Theory

Author(s): Roman Vybíral
Subject(s): Law, Constitution, Jurisprudence
Published by: Univerzita Karlova v Praze, Nakladatelství Karolinum
Keywords: employer’s insurance; work accident or occupational disease; tax; insurance premium

Summary/Abstract: The paper deals with the system of employer’s insurance for damages in the event of a work accident or occupational disease from the perspective of financial law (especially tax law). First of all, the author discusses the theoretical nature of this insurance and its establishment in the Czech legal system. In the following parts of the paper, the author deals with further legal implications of the results of his findings, namely whether the paid insurance premium has the character of a tax or an insurance premium from a theoretical point of view. He then places these results in the context of the assessment of constitutionality within the meaning of Article 11(5) and Article 4(1) of the Charter of Fundamental Rights and Freedoms.

  • Issue Year: 68/2022
  • Issue No: 4
  • Page Range: 117-125
  • Page Count: 9
  • Language: Czech