| Abstract [eng] |
A Conflict of Interest as a Basis for Disciplinary Penalty – Dismissal A conflict of interests beside ethics is becoming more and more significant issue. Besides covering public services or civil relations, it makes a considerable influence to labour law. Conflicts of interests are described in detail in a sphere of public services, there is vocabulary defined, Institute established, and prevention measures are being taken. Having taken into account advantages of legal relations of labour law and public services, respective institutes related to regulations of conflict of interests taken from public services law by analogy may be used in context of labour law. The definition of conflict of interests is not clearly expressed in labour law, but on the base of examples of public services, other branches of law and the meaning of labour law conflicts of interest in the law it may be described as actions that personal interests of employee are put as being more significant than employers interests. This results in a potential risk of violation of conflict of interests of employer or others. It as well may affect professional reputation, finances and transparency. As a consequences of this the conflicts such as unfair decision making, corruption, nepotism, making negative influence on persons or employers reputation shows the negative impact of conflict of interests. The employer is able to fire an employee for conflict of interests on the base of laws as well as agreements of both employee and employer which are mandatory only if the agreements meet requirements. There are additional conditions for employees who are taking leading positions. As it makes them special subjects, higher standards are being applied accordingly, compared to ordinary employees. In order to avoid conflicts of interests and negative effects related to that specific organizations or professionals takes this question under regulation defined in code of ethics and other similar purpose documentation. The method implies the expected level of objectiveness and impartiality from employee. It defines actions to be taken in specific situations and responsibilities for violation of the requirements. |
