| Abstract [eng] |
The object of the master thesis is the order of cancellation of labour contract on initiative of the employer and the restrictions and warranties of the labour contract. The labour contract is considered as one of the main forms of person’s right to implement work, and the wage is one of the main sources of person’s sustenance, therefore, each country tries to warrants the stability of labour relations, by which there is trying to protect the workers from too intense alternation of labour relations and unreasoned cancellations of labour contracts. Of course, the restrictions of cancellations of labour contracts must be reasoned objectively and established only when reaching for lawful and determined purposes, if otherwise, there occurs an opportunity to violate the interests of a party of labour relations and the whole society. Such the objective reasons are caused by the interests of the other party of labour relations and the whole society. The intended restrictions help not only to protect the lawful interests of the workers, but also to prevent the social conflicts, mass unemployment, also help to warrant the balance of the parties of labour relations, the social amenability of the employer – he must be amenable for the labour force used by him. In the thesis the restrictions applied to the employer intending to cancel the labour relations and warranties intended for the workers, are determined; their content discussed; the existing problems and difficulties of regulation of legal labour relations and of application of legal norms are distinguished, the variants of their solution are presented, the practical situations and the court decrees are evaluated legally. The questions concerning the order of cancellation of labour contract are analyzed both in the doctrine of law, and in the practice of courts. Very often the problems are caused by abstractiveness of legal norms, which allows every employer to explain the legal rule in his own way. in this thesis there is trying to reveal the more often occurring situations, which can be faced in practice by the subjects applying the labour laws. Trying to analyze thoroughly the theme of this thesis, there was following the various method of law interpretation, such as linguistic, systemic, historical, comparative, case-law. The most important role for this exploration was performed by the court practice, because namely the application of law reveal the real content of legal norms. |
