Year: 2025
Type: article
Abstract: At the moment, the preparation of the new Civil Code and the Labour Code is in full swing. The mutual relation of the labour law and the civil law is high on the agenda not only in the Czech Republic, but also in European and worldwide scale. When drafting the new Labour Code it is necessary to bear in mind that the essential difference between the labour law and the civil law consists in public law interventions in contractual relations resulting in significant limitation of contractual liberty. The individual contractual liberty is, in labour law, also limited by the collective will, i.e. by collective agreements. Apart from the differences of the civil law and the labour law, on the other hand, the new conceptual regulation of both these Codes must, however, be based on unity of the legal order and its mutual penetration. Therefore, the future Civil Code should play the integrating role within the framework of the private law and should be lex generalis for the field of labour law relations, especially in the general part thereof.
Source: AUC IURIDICA
Author: Miroslav Bělina
Language: English
Topic: Labor Law and Work Dynamics
Field: Social Sciences
Domain: Social Sciences
Open Access status: diamond
OpenAlex ID: W4407523735