ANTLOVÁ, Tereza and Michal BLAŽEK. The Terminal of Marriage in Czech Labor Code. Bialystok Legal Studies. Białystok, Poland: Faculty of Law, University of Białystok, 2021, vol. 26, No 2, p. 71-80. ISSN 1689-7404. Available from: https://dx.doi.org/10.15290/bsp.2021.26.02.04. |
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@article{1778200, author = {Antlová, Tereza and Blažek, Michal}, article_location = {Białystok, Poland}, article_number = {2}, doi = {http://dx.doi.org/10.15290/bsp.2021.26.02.04}, keywords = {marriage in the Labor Code; obsolescence of the provisions of Section 318 of the Labor Code; prohibition on employment between spouses and registered partners; proposals de lege ferenda}, language = {eng}, issn = {1689-7404}, journal = {Bialystok Legal Studies}, title = {The Terminal of Marriage in Czech Labor Code}, url = {http://bsp.uwb.edu.pl/wp-content/uploads/2021/06/71_bsp-26-2-1.pdf}, volume = {26}, year = {2021} }
TY - JOUR ID - 1778200 AU - Antlová, Tereza - Blažek, Michal PY - 2021 TI - The Terminal of Marriage in Czech Labor Code JF - Bialystok Legal Studies VL - 26 IS - 2 SP - 71-80 EP - 71-80 PB - Faculty of Law, University of Białystok SN - 16897404 KW - marriage in the Labor Code KW - obsolescence of the provisions of Section 318 of the Labor Code KW - prohibition on employment between spouses and registered partners KW - proposals de lege ferenda UR - http://bsp.uwb.edu.pl/wp-content/uploads/2021/06/71_bsp-26-2-1.pdf N2 - Th is paper deals with arguments defending the purpose of the existence of the provision of Section 318 of Act No. 262/2006 Coll., Labor Code. Both the arguments of legal scholarship and arguments expressed in the explanatory memorandum to the Acts in question are analyzed. Th is text further presents arguments in favor of repealing this provision which prohibits the performance of dependent work between spouses (registered partners). We base our arguments on international and European Union1 legal sources, in particular on anti -discrimination legislation prohibiting discrimination on the basis of marital status. In the context of Czech law, the relationship between the provision of Section 318 of the Labor Code and constitutional standards and other statutory norms is described and analyzed. A specifi c regulation contained in Act No. 234/2014 Coll., Civil Service Act is also presented and considered. The authors point out the absence of similar legislation in legal orders of other Member States of the European Union. In conclusion, the authors express and defend their legal opinion on the obsolescence of the discussed provision of the Labor Code and present suggestions de lege ferenda. ER -
ANTLOVÁ, Tereza and Michal BLAŽEK. The Terminal of Marriage in Czech Labor Code. \textit{Bialystok Legal Studies}. Białystok, Poland: Faculty of Law, University of Białystok, 2021, vol.~26, No~2, p.~71-80. ISSN~1689-7404. Available from: https://dx.doi.org/10.15290/bsp.2021.26.02.04.
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