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1

A STRIKE ONLY ACCORDING TO THE COLLECTIVE BARGAINING ACT? (Strajk len podla zakona o kolektivnom vyjednavani?)

100%
Barancova H.
Právny obzor. Teoretický časopis pre otázky štátu a práva (Juridical Review. Theoretical journal for the questions of state and law)
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2008
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vol. 91
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issue 2
94-108
EN
According to the Collective Bargaining Act the strike is partial or complete stoppage of work by the employees. It is a group manifestation of the employees, a manifestation of the conflict of group interests which has grown in to the stage of collective dispute. Legal strike is not considered the breach of working discipline. The Collective Bargaining Act codifies only such a strike as is used for the settlement of the dispute arisen in connection with the conclusion of a collective agreement, if the collective agreement has not been concluded even after the proceedings before a mediator and the contracting parties do not request the settlement of the dispute by an arbitrator. The definition of the strike in the Collective Bargaining Act is a narrow definition, intended merely for the purpose of the settlement of a collective labour law dispute arisen from collective bargaining aimed at the conclusion of a collective agreement. In comparison with the Collective Bargaiming Act the right to strike in a broader framework is codified by Art.37 of the Constitution of the Slovak Republic.The Constitution also asssumes that the right to strike will be codified by a law which, however, has not been adopted so far. If the strike arises in connection with the conclusion of a collective agreement, its legal regime is governed by the Collective Bargaining Act. If the strike arises for other reasons, due to the absence of specific legislation its participants would have to act in accordance with general principles enshrined in the Constitution of the Slovak Republic, the fundamental principles of the Labour Code and international labour law. The Collective Bargaining Act regulates the so-called enterprise, supra-enterprise and solidarity strikes. With reference to legality there are legal and illegal strikes. A legal solidarity strike, however, is only such a strike in the course of which the employer may influence the progress or the result of the strike of those employees to the support of which the solidarity strike has been declared. In the opposite case, when the condition of economic or other relation is absent, the solidarity strike is illegal in the meaning of Sec. 20, letter a) of the Collective Bargaining Act. The right to strike in the broadest meaning of the term is the legally permitted possibility of the employees to discontinue work in an organized manner. It comprises the right to participate in the strike and the organization and the declaration of the strike. The right to participate in a strike is an individual employee's right which may be restricted by the law for certain callings. The employee's right to strike participation is not bound with his membership in a trade union organization. The right to organize and declare strikes belongs exclusively to trade union bodies.
2

ZÁRUKY ZAISTENIA SOCIÁLNEJ ÚROVNE JEDNOTLIVCA

100%
Lacko M.
Právny obzor. Teoretický časopis pre otázky štátu a práva (Juridical Review. Theoretical journal for the questions of state and law)
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2014
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vol. 97
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issue 5
487 – 506
EN
In identifying legal guarantees aimed at ensuring the social level of the individual, which is significantly created by the constitutional social rights expressed by statutory legislation, we face problems of interpretation of the definition of basic human right and freedom. The Constitution of the Slovak Republic associates this concept in practice only with the fundamental rights and freedoms of the “first generation”. As well as relative and accessorial nature of constitutional social rights are based mainly on the formulation of the Art. 51 Paragraph 1 of the Constitution of the Slovak Republic, they don´t guarantee a sufficient level of social assurance of an individual. The above mentioned is a serious deficiency in relation with the purpose of social rights, which is to ensure a reasonable degree of individual freedom through equality in material guarantees. Despite the lower legal availability of the essence of social rights within all the application or enforceability of (constitutional) social rights of an individual, it cannot be considered as a refusal of rights pertaining to an individual (citizen). The state is obliged to ensure and provide guarantees ensuring social level of the individual and it is through respecting the principles of the Rechtsstaat in its established and regulated legal environment. Full respect of the constitutional principles of Rechtsstaat eliminates illegitimate interventions in social-legal status of an individual, which, by their intensity, would fundamentally change the quality level of the individual’s status. Analysis of the decisions of the Constitutional Court of the Slovak Republic is apparent insufficient to ensure a balance between the principle of equality and the principle of certainty. Finally, the state is obliged to comply with the non-excludable (special) economic dimension of the real individuals’ access to their constitutional social rights via state resources, which in accordance with Art. 55 Paragraph 1 of the Constitution of the Slovak Republic are created within a market economy based inter alia on the social principles.
3

REGULATION OF STATE SYMBOLS IN THE SLOVAK REPUBLIC (Pravna uprava statnych symbolov v Slovenskej republike)

88%
Kuklis P.
Právny obzor. Teoretický časopis pre otázky štátu a práva (Juridical Review. Theoretical journal for the questions of state and law)
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2009
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vol. 92
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issue 4
319-329
EN
State symbols are an organic part of formal symbols of statehood. They are an external manifestation of the State, an expression of its sovereignty, independency and integrity. From the view of the science of constitutional law different approaches to the definition of the term of state symbols are applied. The State symbols are subject of the regulation of supreme power, i.e. of the constitutional law. The Constitution of the Slovak Republic in Article 8 provides that State symbols of the Slovak Republic are national emblem, national flag, national seal and national anthem. The legislation stipulating the details on State symbols of the Slovak Republic and their use is the Act No 63/1993 Coll. on State symbols of the Slovak Republic and their use, as amended. The use of State symbols is also regulated by other legislation. The violation of the legislation regulating the State symbols is sanctioned in several ways. The State symbols are closely related to the symbols of other subjects of public power. The recent trends in the creation of national States, the ambivalent approach to the efforts at 'federalization' of the European Union and the intuitive understanding of State symbols as an expression of the idea of the State prove the irreplaceable function of State symbols in the existence of the State and society. State symbols, particularly at the time of creation of new States and at the beginning of their existence, contributed - together with renewed or new-created symbols of other public authorities - to the renaissance of civil society.
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