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SERVICE OF DOCUMENTS IN THE CONTEXT OF EMPLOYMENT DURING EMPLOYEE QUARANTINE

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Žuľová J., Kundrát I.
Central European Journal of Labour Law and Personnel Management
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2020
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vol. 3
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issue 1
77-88
EN
The legal regulation of quarantine imposed on an employee is limited in the Labor Code (Act No. 311/2001 Statutes, the Labor Code, as amended, hereinafter referred to as the Labor Code), to the framework regulation of legal consequences of quarantine in labor relations. A number of labor-related problems arising from the SARS-CoV-2 coronavirus epidemic causing COVID19 will, therefore, have to be addressed by interpreting the legislation in force for the purpose of its practical application, as it had been previously considered to be of rather a theoretical nature. The paper deals with the partial problem of the service of documents in labor relations during the employee quarantine. It identifies what is served, it analyzes the correctness of the employer's procedure when it automatically relays the delivery task to the postal service, and it clarifies the interpretation of the term “last known address” in the context of its change as evidenced from the proof of temporary incapacity for work stemming from a quarantine imposed on the employee. The aim of the paper is to discuss the practical aspects of the service of documents in the labor context at the time of the current situation of the spread of coronavirus epidemic. In terms of the methodology, the paper is based on critical in-depth analysis of the current legal framework, descriptive method and scientific cognitive methods.
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ÚČASŤ ZAMESTNANCA NA ŠTRAJKU AKO PREKÁŽKA V PRÁCI

81%
Švec M., Žuľová J., Madleňák A.
Právny obzor. Teoretický časopis pre otázky štátu a práva (Juridical Review. Theoretical journal for the questions of state and law)
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2018
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vol. 101
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issue 2
181 – 192
EN
The scientific contribution deals with the most relevant practical question related to the excuse an employee´s absence from work due to his or her participation in a strike under the Collective Bargaining Act, respectively Constitutions of the Slovak Republic. We interpret the conditions that an employee participating in the strike should or have to fulfil with regard to the notification of obstacle to work on his/her part, and also the employer’s possibilities to determine whether and from which moment the employee actually has an objective reason to realize obstacle to work under Section 141 (8) of Labour Code, if there is none, what form of labour sanctions can be used in such a case. Secondary part of the contribution is also the clarification of the term “strike participant” as the basic parameter for assessing this obstacle to work on the part of the employee.
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