Vedoucí zaměstnanec a výklad zákonných ustanovení contra verba legis
Managing Employees and Interpretation of Legal Provisions contra Verba Legis
Author(s): Vojtěch Hanzal, Jakub TomšejSubject(s): Law, Constitution, Jurisprudence
Published by: Univerzita Karlova v Praze, Nakladatelství Karolinum
Keywords: senior employee; labour law; interpretation contra verba legis
Summary/Abstract: The article deals with the way legislation defines the term “senior employee” and how the interpretation is influenced by recent case law of the Constitutional Court. The first part of the article focuses on an analysis of the legal term “senior employee” in accordance with the present legislation as well as relevant judicature and doctrine. The second part of the article is based on a description of the way the Constitutional Court deviated from the interpretation of mentioned term and its aspects which were until then, considered defining. The article continues in the third section with the presentation of other examples of decision making contra verba legis throughout the judicial system of Czech Republic. The aforementioned sections are followed by the fourth part, which consists of a conclusion of the previous content and brings deliberations de lege ferenda.
Journal: Acta Universitatis Carolinae Iuridica
- Issue Year: 67/2021
- Issue No: 3
- Page Range: 49-55
- Page Count: 7
- Language: Czech