OSOBITNÁ OCHRANA POSLANCOV NÁRODNEJ RADY SLOVENSKEJ REPUBLIKY V PRACOVNÝCH VZŤAHOCH

• Authors: Bujňák Vincent

Title variants

EN

Members of the National Council of the Slovak Republic and their special protection in employment relations

• Languages of publication: SK

Abstracts

EN

Article 38, paragraph 2 of the Constitution of the Slovak Republic enshrines the right of two categories of persons to special protection in employment relations. Although members of representative council are not among them, the Slovak legal order prescribes special protection of lawmakers in the event of their employment or similar employment relationship termination against their will. The special protection is prescribed by the Act No. 120/1993 Coll. on Remuneration of some constitutional representatives. This act states that in order for valid employment or similar employment relationship termination, a prior consent of the President of the National Council of the Slovak Republic is necessary. A prior consent can be issued only after prior hearing in the parliamentary Mandate and Immunity Committee. Such special protection is also granted during the period of twelve months after a termination of lawmaker´s mandate. The article analyses legislative history of lawmaker´s special protection in employment relations whose beginnings date back to the period before November 1989, and further examines its application in seven published cases. The article also focuses on problematic aspects of legal regulation in question. Problems arise mainly because of the extent of special protection which applies even in cases where the employer would be entitled to terminate an employment relation immediately, such as in case of final condemning judgement for a willful criminal offence.

Keywords

EN

MEMBER OF PARLIAMENT; PRESIDENT OF THE NATIONAL COUNCIL OF THE SLOVAK REPUBLIC; PRIOR CONSENT; SPECIAL PROTECTION; EMPLOYMENT RELATIONS; SLOVAK REPUBLIC

• Publisher: Institute of State and Law of the Slovak Academy of Sciences
• Journal: Právny obzor. Teoretický časopis pre otázky štátu a práva (Juridical Review. Theoretical journal for the questions of state and law)
• Year: 2020
• Volume: 103
• Issue: 2
• Pages: 98 – 118

Contributors

author

Bujňák Vincent

• Právnická fakulta UK, Bratislava, Slovak Republic