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ÚČASŤ ZAMESTNANCA NA ŠTRAJKU AKO PREKÁŽKA V PRÁCI

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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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