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The subsidiarity principle of the Civil Code in relation to the Labour Code and some of its particular effects on labour relations
Blažek, Vojtěch ; Morávek, Jakub (referee) ; Hůrka, Petr (referee)
The thesis is focused on the relation between labour law and civil law in the Czech Republic. The relationship between the Labour Code, No. 262/2006 Coll., as amended, and the Civil Code, No. 89/2012 Coll., as amended, is currently based on the subsidiarity principle which is legally defined in the Section 4 of the Labour Code. The principle of subsidiarity has been applied in the present relationship since 2008 when The Constitutional Court of the Czech Republic cancelled the previous method of mutual relationship which was based on the delegation principle. The effects of the subsidiarity principle were influenced by the recodification of the private law during which the new Civil Code came into legal force on 1.1.2014. Concurrently the Labour Code was amended by the Act No. 303/2013 Coll. which implemented some of the changes arising with the recodification of the private law. The first chapter is devoted to the historical development of the relationship between labour law and civil law. The attention is paid manly to the period after 1989 when it was necessary to restore the links between the labour law and civil law which were shattered by the communist doctrine. The second chapter is concerned with the subsidiarity method itself. The third chapter is devoted to the status of the natural...

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