|
|
Interpretation of the Labor Code in the Case law of the Supreme Court
Lemfeldová, Magdaléna ; Tomšej, Jakub (advisor) ; Koldinská, Kristina (referee)
Interpretation of the Labor Code in the Case law of the Supreme Court Abstract The content of this master's thesis is an analysis of selected Case law of the Supreme Court with a focus on Labor law. The work is divided into three parts. The first part briefly discusses the principles of interpretation of private law with the specification of Labor law. It also describes the position of the Supreme Court and the importance of Case Law. The limits of judicial completion of the law are also specified, as well as when completion starts to interfere with legal certainty. The second and crucial part is the analysis of the already mentioned Case law. It is presented in a general section on the methodology of work and the specification of criteria that were key to the selection of the case law. The author's hypothesis is expressed that the Supreme Court tends to interpret the terms of the Labor Code contra verba legis and impose obligations on the addressees of the law beyond the law, thus interfering with the legal certainty of participants in labor-related relations. The decisions of the Supreme Court in the case of file no. No. 2034 / 2019-313, file no. 21 Cdo 3521 / 2019, file no. 21 Cdo 3955/2018, file no. 21 Cdo 224/2013, file no. No. 21 Cdo 1276/2016, file no. No. 21 Cdo 5825/2016, file no. 21 Cdo 4394/2010,...
|
guest ::
