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Contractual freedom and its limitation in the formation, changes and termination of the employment relationship
Lach, Vlastimil ; Štangová, Věra (advisor) ; Vysokajová, Margerita (referee)
This thesis is focused on a contractual freedom in employment relations, especially upon formation, changes and termination of the employment relationship. The contractual freedom is the key principle of private law, therefore also of labor law, and the expression of the contractual freedom is the freedom of an individual in his choice whether to enter into an employment relationship, who to enter with, what content would the employment relationship have and when and how to terminate this relationship. The contractual freedom upon formation, changes and termination of an employment relationship is necessary to be limited due to protection, safety and certainty of employees and also in the public interest. One of the objectives of this thesis is to think about how should be this restriction of the contractual freedom limited. In this work there is also a description of a historical development of a regulatory autonomy of the will of the parties and a description of a statutory regulation of the formation, changes and termination of an employment relationship. Another objective of this thesis is to reflect on the impact of extensive recodification of private law, that occurred in recent years, on the formation, changes and termination of the employment relationship. This thesis consists of an introduction, 8...
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Contractual freedom and its limitation in the formation, changes and termination of the employment relationship
Lach, Vlastimil ; Štangová, Věra (advisor) ; Vysokajová, Margerita (referee)
This thesis is focused on a contractual freedom in employment relations, especially upon formation, changes and termination of the employment relationship. The contractual freedom is the key principle of private law, therefore also of labor law, and the expression of the contractual freedom is the freedom of an individual in his choice whether to enter into an employment relationship, who to enter with, what content would the employment relationship have and when and how to terminate this relationship. The contractual freedom upon formation, changes and termination of an employment relationship is necessary to be limited due to protection, safety and certainty of employees and also in the public interest. One of the objectives of this thesis is to think about how should be this restriction of the contractual freedom limited. In this work there is also a description of a historical development of a regulatory autonomy of the will of the parties and a description of a statutory regulation of the formation, changes and termination of an employment relationship. Another objective of this thesis is to reflect on the impact of extensive recodification of private law, that occurred in recent years, on the formation, changes and termination of the employment relationship. This thesis consists of an introduction, 8...
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