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REFORMNÉ PRÍSTUPY K LEGÁLNEJ DEFINÍCII POJMU ZAMESTNANEC A POJMU PRACOVNÝ POMER

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Barancová H.
Právny obzor. Teoretický časopis pre otázky štátu a práva (Juridical Review. Theoretical journal for the questions of state and law)
|
2013
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vol. 96
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issue 4
354 – 372
EN
The protective function of labour law includes the proper definition of dependent work and the term of the employee, the basic concepts of labour law in each country. Despite the importance of these concepts, the literature does not pay adequate attention to their legal recognition, although their definition correctly binds significant practical legal implications affecting the economic system of the state and its financial stability. The author analyzes the concept of dependent work in the amendment of Labour Code, which entered into effect from 1.1.2013 and draws the conclusion that the reduction of indicators of work depends on the employer facilitate proper choice of contractual forms in the performance of work and at the same time will eliminate circumvent the law by law enforcement coverage dependent work contractual forms of civil law and commercial law. In determining the substantive contours of employment author emphasizes that employment is subject of Labour law, which implies the performance of dependent work on a contract basis employment contract. For legal analysis of the author concludes that the correct choice of contractual forms of work determines most of its contents. If content of employment is performance of dependent work, the performance of work which is dependent work is required to establish a contract of employment, does not establish civil or commercial relationship. In connection with the analysis of employee author compares this definition in the Labour Code with EU law, including the current case-law of the EU as well as national legislation of the Member and non-EU countries.
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