Publication details
Podmínky realizace zákonné přeměny pracovního poměru na dobu určitou ve světle judikatury
| Title in English | The Conditions of Legal Change of a Fixed- term Employment relationship to an Employment Relationship for Unfixed-term |
|---|---|
| Authors | |
| Year of publication | 2021 |
| Type | Article in Periodical |
| Magazine / Source | Právní rozhledy |
| MU Faculty or unit | |
| Citation | |
| web | Repozitář MU |
| Keywords | employment relationship for fixed-term; conditions; legal presumption; precarious employment; employee; employer;Labour Code; Council Directive 1999/70 |
| Attached files | |
| Description | The article is focused on practical issue of fixed-term employment relationships that are considered as so called precarious labour relations. The significance of the institute of an employment relationship for fixed-term highlights the fact that such employment relationships can in practice be a “door” to the stable employment. The authors analyse legal conditions required for the change of an employment relationship concluded for fixed-term to an employment relationship for unfixed term. Two possibilities of such change are presented from the point of view of relevant conclusions of recent case-law. The first possibility is presented as a situation where an employment relationship for fixed term is concluded contra legem (conditions stated by the Labour Code). The second possibility presumes activity of an employee and a passivity (insufficient activity) of an employer where an employee continues the work performance after the end of an agreed period. The fact that the recent case-law of the Supreme Court and the Constitutional Court (concerning, in particular, the first mentioned possibility) has contributed to a dissonant state from the legal point of view, the authors think of future perspectives de lege ferenda. |