|Opis:||Basically, labour code relationship is the law of obligation relationship, but due to its specificities it cannot be left entirely to the free editing of its customers. Namely, a worker in an employment relationship is a weaker party who is, due to the economic dependence, subordinate to the employer. Without a specific legal arrangement, the employers would freely exploit workers. The importance of labour relations for the company led to the development of a specific branch of law, that is, the Labour Code.
By concluding the employment relationship and signing a labour contract, the workers at the same time undertake certain obligations and acquire rights in accordance with the principles of the law of obligations which they have to respect and implement. In case of breaches of the obligations entered into a contract certain consequences or penalties occur for the offender, the intensity of which depends on the nature and seriousness of the infringement and subjective circumstances related to the offender. This applies to cases of breach by the worker, which I presented in detail with the thesis.
In addition to other provisions of the Employment Relationships Act, it is of fundamental importance for the study of these themes. It was adopted in response to the change in the economic climate which requires greater flexibility in hiring and firing workers, offering the employers quick adaptation to market conditions. Despite unfavourable organization at first glance, the Employment Relationships Act keeps the adequate protection of employee's rights against arbitrary actions of employers and, in particular, in the area of termination of the work contract, it is fully in line with the ILO Convention No. 158 and the European Social Charter, which protect workers against unjustified dismissal.
In case of employee's breach of its obligations, the Employment Relationships Act lays out the following measures taken by the employer available against the infringer: a disciplinary measure, an ordinary termination of the employment contract on the fault-based ground and an extraordinary termination of the employment contract. While a disciplinary measure may not permanently interfere with the rights of an employee who has violated the commitments, the ordinary termination on the fault-based ground and the extraordinary termination of the contract drastically intervene with the worker's social and economic sphere. For this reason, the termination of the employment contract (ordinary or extraordinary) should be an extreme action against the infringer, which is used only in cases of serious breaches of obligations, but the disciplinary action in other cases of minor breaches of obligations under the employment relationship. The ordinary termination of the contract on the fault-based ground may be made only if it has reasonable grounds, but the extraordinary one only for the reasons listed exhaustively in the Employment Relationships Act. It is understandable since the extraordinary termination of the employment contract does not foresee the period of notice and has the effect on its service, so making the choice of reasons to justify extraordinary termination cannot be left to the employer.
In cases when a worker is in breach of the obligations, he causes damage to the employer, and the employer has the right to claim damages. With general assumptions of liability, however, these cases they are subject to certain features, also regulated by the Act.
In cases when the employee believes that the termination of the contract was made unfounded, the Act provides legal protection. The decisions of the Labour and Social Courts, and ultimately the Supreme Court, shall establish jurisprudence which is of paramount importance for the uniformity of future decisions in similar cases and shall strengthen legal certainty. In addition to the judicial, the employee is offered a non-judicial protection.|