(Ne)proplácení přestávek příslušníků ve služebním poměru
| Title in English | (Non)compensation of Breaks Taken by Service Officers |
|---|---|
| Authors | |
| Year of publication | 2023 |
| Type | Article in Proceedings |
| Conference | COFOLA 2023 Sborník příspěvků mladých právníků, doktorandů a právních vědců Část 2 – Nelegální práce |
| MU Faculty or unit | |
| Citation | |
| Web | Open access sborníku |
| Keywords | Break in Service; Adequate Service Time For Meals and Rest; Service Relationship; Illegal Work. |
| Attached files | |
| Description | The paper deals with the issue concerning Art. 60 Service Relationship Act and its practical enforcement. With respect to the complaints of police officers, the paper elaborates on the issue of confusing (1) breaks in service for meals and rest with (2) adequate service time for meals and rest. There is a lack of transparency and incapacity of those service officials, who are responsible for the current state, in which the officers are not paid for such a period of time when they rest although still in service. In addition, the paper compares a respective practice in an employment relationship under the provisions of Art. 88 Par. 1 Labour Code. There is a particular case being presented, that has been resolved by the Constitutional Court (File No. II. ÚS 1854/20). It demonstrated the possibility of labour law implications, that may apply also in the service relationship. However, the paper concerns more with the administrative court case law regarding the Service Relationship Act. Then, it solves the question of whether there may occur illegal work while disrespecting the service relationship rules and whether respective sanctions aiming at the illegal work can be applied. |
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