Kvality pojmu zásada a jejich význam pro (pracovní) právo
| Title in English | Qualities of the Concept of Principle and Their Relevance to (Labour) Law |
|---|---|
| Authors | |
| Year of publication | 2022 |
| Type | Article in Periodical |
| Magazine / Source | Právník |
| MU Faculty or unit | |
| Citation | |
| Web | Open access časopisu |
| Keywords | legal principles; implementation of the law; legal norms; principles of labour law; protection of the employee |
| Description | The aim of this article is to define the distinct qualities of the concept of a legal principle and to define conditions under which certain phenomena might be considered as new or newly discovered legal principle. The article takes a critical approach to selected phenomena in the field of labour law as described by other authors and argues why in fact they are not legal principles, even though the authors themselves refer to them as such. This text also points out contemporary problems of labour law, inspired by the criticism contained in foreign legal literature, which has been overlooked in the Czech labour law doctrine. Based on this inspiration, with the help of deductive and inductive methods applied to the current Czech labour law, this text points out that there is a space (and necessity) to specify a new principle of labour law, which should lead to greater implementation of labour law in practise and help to solve certain ongoing problems. This paper brings a reflection of the recent and ongoing factual situation, which not only the author of this text considers to be highly unsatisfactory, where employees often at the important moments of their lives fear going into conflict with their employers when the employers do not comply with their duties towards employees, as the employees fear to lose their jobs or worsening their working conditions; as a result, the substantive labour law regulation remains contained only in legal norms, but the implementation of protection does not occur to a satisfactory extent |
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