AUC IURIDICA
AUC IURIDICA

Acta Universitatis Carolinae Iuridica (AUCI) is the main journal of the Faculty of Law of Charles University. It has been published since 1954 and is one of the traditional law journals with a theoretical focus.

As a general law journal, it publishes longer studies and shorter articles on any relevant issues in legal theory and international, European and national law. AUCI also publishes material relating to current legislative issues. AUCI is a peer-reviewed journal and accepts submissions from both Czech and international authors. Contributions by foreign authors are published in their original language – Slovak, English, German, French.

AUCI is a theoretical journal for questions of state and law. It is published by Charles University in Prague, Faculty of Law, through Karolinum Press. It is published four times a year, the dates of publication can be found here.

Articles published in AUCI undergo an independent peer review process, which is anonymous on both sides. Reviewers from the field give their opinion on the scientific quality of the paper and the suitability of publication in the journal. In the case of comments, the opinion is sent back to the author with the possibility of revising the text (see Guidelines for Authors – Per Review Process for more details).

The AUCI journal (ISSN 0323-0619) is registered in the Czech National Bibliography (kept by the National Library of the Czech Republic) and in the Index to Foreign Legal Periodicals (kept by the American Association of Law Libraries). AUCI has been assigned a periodical registration number MK E 18585.

In 2021 the journal AUCI was the first journal of the Faculty of Law of Charles University to be included in the prestigious international database Scopus. This Elsevier database is the largest abstract and citation database of peer-reviewed literature in the world. The editors of the journal expect from the inclusion in the elite Scopus database not only an increase in the readership of the journal, but also an increase in interest in the publication of papers by both Czech and foreign authors.

AUCI is an open journal and all its content is published both on the faculty website and on the Karolinum Press website. Access to it is free of charge. The homepage of AUCI is on the Karolinum Press website.

The AUCI journal uses the Creative Commons license: CC BY 4.0.

Long-term archiving of the digital content of the journal is provided by Portico.

AUC IURIDICA, Vol 53 No 3 (2007), 81–127

Právní úkony směřující ke skončení pracovního poměru v kontextu českého a komunitárního práva

[Legal Acts Leading to the Termination of Employment Contract in Context of the Czech and EC Law]

Roman Lang, Martin Putík

DOI: https://doi.org/10.14712/23366478.2024.134
published online: 23. 01. 2025

abstract

The European Communities (EC) established in the 50th of20th century did not concern (at least at the beginning) with the labour law at all. Their primary aim was to create and to develop functioning common market. Nevertheless along with the establishment of common market, with the realization of the one of the “basic freedoms” – namely free movement of workers - it turned out that economic, social and labour processes are not separate. It shows that there has to be some regulation of minima! social standards and minimal labour law regulation within the European Communities. Even nowadays the labour law of EC (if we could name it so), arises from the principle of entrusted powers and from the principle of territoriality. It means the regulation of labour law pertains to member state, on the basis of article 5 of European Community Treaty. And the employment relationship is governed by the national law (exactly by the positive law of the member state where the rights and obligations from the employment contract are performed). The purpose of presented paper is to evaluate the authentic Czech legal regulation of termination of employment contract pursuant to the legal acts of parties to an employment contract (especially with regard to the regulation of the new Labour Code no. 262/2006 Coll.) and to compare it through the prism of the primary and the secondary EC law. In the text there are described (defined and characterized) specific juridical institutes of the Czech labour law such as termination of an employment contract by an agreement, by a notice, by a summary dismissal and by a summary dismissal during the trial (probationary) period, of course utilizing the practice of the Czech labour courts (tribunals). Proper attention is given to the relevant EC directives dealing with the termination of the employment relationship and to the practice of the European Court of Justice in this area.

keywords: employment; summary dismissal; termination of employment contract; discrimination; notice; collective redundancies; European labour law; insolvency of the employer; European Court of Justice; legal transfer of businesses; Labour Code; pregnancy and maternity protection

Creative Commons License
Právní úkony směřující ke skončení pracovního poměru v kontextu českého a komunitárního práva is licensed under a Creative Commons Attribution 4.0 International License.

230 x 157 mm
periodicity: 4 x per year
print price: 65 czk
ISSN: 0323-0619
E-ISSN: 2336-6478

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