Employment litigation in the Czech Republic and Slovakia Cover Image

Pracovnoprávny spor v Českej republike a na Slovensku
Employment litigation in the Czech Republic and Slovakia

Author(s): Jana Mikušová
Subject(s): History of Law, Civil Law, Public Administration, Comparative Law, Labour and Social Security Law
Published by: Univerzita Palackého v Olomouci
Keywords: Individual labour dispute; Civil Procedure Code; Code of the Civil Proce¬dure; employee; employer; court; plaintiff; defendant; civil court proceedings

Summary/Abstract: The legal regulation of individual labour disputes as disputes with a weaker party, which is the employee, underwent a major recodification in the Slovak Republic in 2016. The adoption of new procedural codes, one of which was Act No. 165/2015 Coll. Civil Procedure Code, a special institute of individual labour law dispute was established, which relatively comprehensively regulates several deviations and departures from the general legal regulation of civil procedure. Recodification simultaneously repealed and replaced Act No 99/1963 Coll., the Civil Procedure Code, which was an imitation of Act No 99/1963 Coll. Code of the Civil procedure regulating civil court proceedings or civil procedure in the Czech Republic to this day. Although the Civil Procedure Code does not contain a comprehensive special regulation of individual labour law litigation, it does, however, in several places, provide for certain derogations to be applied in the case of this specific type of litigation. The content of this article is precisely a comparison of the Czech and Slovak legal regulation of individual labour law litigation with regard to both the applicable legislation and the case law and judicial practice in this area. At the same time, on the basis of the analysis and comparison made, the article also contains their evaluation and de lege ferenda proposals.

  • Issue Year: 19/2024
  • Issue No: 1
  • Page Range: 58-93
  • Page Count: 37
  • Language: Slovak
Toggle Accessibility Mode