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  1. 2 The Lawyer Quarterly

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  1. 1 Tröster P.

  2. 1 Štangová V.

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  1. 1 2017

  2. 1 2016

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Labour and social security law as two related branches of the Czech law

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Tröster P.
The Lawyer Quarterly
|
2016
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vol. 6
|
issue 3
156-169
EN
This paper deals with labour law and social security law in the Czech Republic as twin branches of law. Labour law deals with not only rights and duties of parties involved in the execution of dependent work, but also with related legal relationships. If work performed by a natural person for another natural or legal person bears signs of dependent work, it must be performed within a labour law relationship. A key principle of labour law is the principle that “everything which is not forbidden is allowed.” Labour law is traditionally divided into two parts, individual and collective labour law. Social security law is closely related to labour law, sometimes they constitute one unit (social law). Social law provides security related to health and social obstacles that prevent work execution. Social law is a joint term for both legal branches and is also the subject of education at certain German and Austrian universities. The opinion of the author of this paper is that it is a separate legal branch with both private and public elements.
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The relationship between social security law and labour law

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Štangová V.
The Lawyer Quarterly
|
2017
|
vol. 7
|
issue 4
255-268
EN
This paper deals with the relationship between social security law, a branch of public law that bears many features of private law, and labour law, a branch of private law that bears features of public law. There is countless feedback between the two branches. The paper focuses particularly on the issue of important personal obstacles to work on the part of an employee, in the regulation of which the two branches are closely interconnected in terms of subject-matter. While labour law regulates an employee’s right to be provided time off from work by an employer when these obstacles to work arise, social security law regulates the right to material welfare of an employee. The relationship between the branches is examined in the context of a brief analysis of the main issues of social security law and labour law. When examining the relationship between private and public law, we will arrive at the conclusion that the dualism between private and public law is increasingly more relativized.
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