Smrt zaměstnavatele a přechod práv a povinností z pracovněprávních vztahů
Death of an Employer and Transfer of Rights and Obligations from Industrial Relations
Author(s): Ljubomír DrápalSubject(s): Law, Constitution, Jurisprudence
Published by: Univerzita Karlova v Praze, Nakladatelství Karolinum
Keywords: death of an employer; transfer of rights and obligations from industrial relations; estate administration; legatee; estate liquidation
Summary/Abstract: This article deals with the death of a natural person as a legal event giving rise to rights and obligations for other persons and the administration of the estate which is performed at the time of death of the deceased until the end of proceedings on the estate. As the subject of the administration of the estate is also deemed performance of rights and obligations of the deceased as an employer. Where the activities and tasks of the deceased employer are associated with the inheritance fortune, they pass under the conditions specified in Section 338 of the Labour Code to the heir as the successor employer or to persons who acquire the property of the deceased as legatees or during liquidation of the estate. Extinction of the fundamental industrial relationships upon the death of an employer who is a natural person, under Section 342 of the Labour Code, comes into consideration only in those cases where the rights and obligations arising from industrial relations has not passed (could not pass) to the transferee employer.
Journal: Acta Universitatis Carolinae Iuridica
- Issue Year: 60/2014
- Issue No: 4
- Page Range: 7-14
- Page Count: 8
- Language: Czech