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Osobitná ochrana poslancov Národnej
rady Slovenskej republiky v pracovných vzťahoch
Members of the National
Council of the Slovak Republic and their special protection in employment
relations
Mgr. Vincent Bujňák, PhD.,
Faculty of Law at Comenius University in Bratislava
Právny obzor, Volume 103, 2020,
No. 2,
pp. 98 – 118.
Published online: 31.8.2021
Abstract. Article 38,
paragraph 2 of the Constitution of the Slovak Republic enshrines the right of
two categories of persons to special protection in employment relations.
Although members of representative council are not among them, the Slovak legal
order prescribes special protection of lawmakers in the event of their
employment or similar employment relationship termination against their will.
The special protection is prescribed by the Act No. 120/1993 Coll. on
Remuneration of some constitutional representatives. This act states that in
order for valid employment or similar employment relationship termination, a
prior consent of the President of the National Council of the Slovak Republic is
necessary. A prior consent can be issued only after prior hearing in the
parliamentary Mandate and Immunity Committee. Such special protection is also
granted during the period of twelve months after a termination of lawmaker´s
mandate. The article analyzes legislative history of lawmaker´s special
protection in employment relations whose beginnings date back to the period
before November 1989, and further examines its application in seven published
cases. The article also focuses on problematic aspects of legal regulation in
question. Problems arise mainly because of the extent of special protection
which applies even in cases where the employer would be entitled to terminate an
employment relation immediately, such as in case of final condemning judgement
for a willful criminal offence.
Key words: member of
parliament, President of the National Council of the Slovak Republic, prior
consent, special protection, employment relations
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ISSN 2729-9228
(online)
ISSN 0032-6984
(print)
THEORETICAL REVIEW FOR ISSUES OF STATE AND LAW.
Právny obzor is peer-reviewed journal and is indexed in SCOPUS and HeinOnline database (INDEX TO FOREIGN LEGAL PERIODICALS).
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