Pracovné právo a príprava nového Občianskeho zákonníka.

Labour Law and Drafting of the New Civil Code.

Prof. JUDr. Helena Barancová, DrSc., vedúca Katedry pracovného práva a práva sociálneho zabezpečenia, Právnická fakulta Trnavskej univerzity v Trnave

Právny obzor, 106, 2023, No. 5, pp. 461 – 477.

Published online: 20.10.2023

https://doi.org/10.31577/pravnyobzor.2023.5.06

Abstract. The issue of the relationship between labour law and civil law is highly relevant, especially with the drafting of the new Civil Code. In the first part of the article, the author analyzes the position of labour law in relation to civil law, pointing out certain peculiarities of labour law relations on the one hand and civil law relations on the other. At the same time, she states that even at the present time, the relations between the Civil Code and the Labour Code are not regulated optimally. Since the adoption of the new Labour Code in 2011 with subsequent amendments, the relationship between the two codes has been established on the principle of the Civil Code‘s subsidiary scope to the first part of the Labour Code. Based on the legal status de lege lata, according to the author, the current wording of the Labour Code does not provide the necessary broader penetration of the Civil Code into the field of labour-law relations and requires the preservation of the subsidiarity of the Civil Code to the Labour Code on a significantly broader basis in the near future. From the point of view of labour-law theory, the upcoming recodification of the Civil Code is expected to provide an effective and correct basis for the future relationship between civil law and labour law. The codex nature of the Labour Code should be preserved and the subsidiary scope of the Civil Code should be significantly expanded to the field of labour-law relations. Particularities that are inherent only to labor law should continue to be regulated by the Labour Code, not the Civil Code. In the se cond part of the article, the author deals with specific legal institutions, which should continue to be the subject of the Labour Code even after the new Civil Code comes into effect. It is mainly a qualitatively different understanding of the principle of contractuality in the Labour Law by preserving its protective goal towards employees, preserving the special labour-law regulation of labour law subjectivity, particularities of the invalidity of legal acts in labour law, e.g. in the absence of the form required by law and the preservation of the basic protective principles of the employee‘s labour liability, based on the fault of the employee with a legal limitation of compensation with certain exceptions, such as the existence of intent. Selecting the necessary particularities of labour law in relation to civil law should be a matter of the Labour Code, which would also in the future as a lex specialis regulate differences in labour-law relations in comparison with the general civil law regulation of the Civil Code.

Key words: Labour Code, Civil Code, „employee“, self-employed person, atypical konds and methods of work, digitization od work, liability, labour law, civil law, recodifikation of the Civil code

PDF DOWNLOAD

ISSN 2729-9228
(online)

ISSN 0032-6984
(print)

TEORETICKÝ ČASOPIS PRE OTÁZKY ŠTÁTU A PRÁVA.

Právny obzor je recenzovaný časopis a je indexovaný v databázach SCOPUS a HeinOnline (INDEX TO FOREIGN LEGAL PERIODICALS)

Copyright © 2000 - 2023 Ústav štátu a práva SAV | Ochrana osobných údajov | Design by Mgr. Peter Krákorník - AKRONET