Principles of Transfer of European Versus Czech Human Rights and Responsibilities Arising Employment Legal Relations
Published Online: Apr 19, 2025
Page range: 61 - 87
DOI: https://doi.org/10.2478/danb-2025-0005
Keywords
© 2025 Radka Vaníčková et al., published by Sciendo
This work is licensed under the Creative Commons Attribution 4.0 International License.
The aim of paper is to define differences between Czech legislation and European law established by law or other valid legal regulations and to point out key areas that are different and key principles for transfer of European and Czech human rights and responsibilities arising employment legal relations. The paper of entire study is determination of proposal for measures related to changes in Czech legislation, which formulate proposals changes in Czech legislation. The paper provides a basic overview of theoretical framework for a practical understanding of human rights and responsibilities from labour relations on basis of administrative and legal acts, as well as court decisions. The methods that were used are method of induction and deduction, Best Practice method (own experience from professional practice of authors in positions Deputy of HR manager and lawyer), exclusionary method, observation method, classification analysis method, method of abstraction and comparison method. Outcomes are a comparison of current national and European legislation in form of a case study which is based on essential parts of provisions of relevant legislation of Czech Republic according to paragraph 2 of §338 of Labour Code analysing social work implications in accordance with European legislation make take precedence over Czech law and could be reduced by criteria for assessing retention of identity of transferred economic entity due to a time delay affecting postponement of tasks. The main benefit of study is differences in European legislation when contracting a business transfer or merger. Future research must be compared other legislation in selected European countries not only Czech Republic. European law must be adjusted with respect to individual European countries in future so that even court decisions in each European country are equally legally valid.