| Abstract [eng] |
The Unilateral Change of the Working Conditions This work features the analysis of the important institute of the labour law – the unilateral change of the working conditions. This work is relevant due to the fact, that the working conditions are closely related to the most important institute of the labour law – the employment contract. The legal relations on the labour matters are constantly evolving, and it is therefore necessary to ensure the flexibility of the employment contract and the proportionate protection of the rights of the participants in the legal relations on the labour matters by changing the working conditions. This paper features the analysis of the concept of working conditions, which, in its broad sense, includes all the working conditions, and the analysis of the concept of the employment contract conditions, which has a more narrow sense than the concept of working conditions. The author of the work presents his own opinion on the possible differentiation of the working conditions and the inter-correlation of the working conditions. In order to reveal the problems regarding the unilateral change of the working conditions, the paper includes the analysis of the laws, the secondary legislation, and the practice of the national courts. The types of the employment contract conditions, the legal regulation of the unilateral change of the working conditions of the employer, the problems regarding the unilateral change of the working conditions of the employee, and the development trends of the legal norms governing the unilateral change of the working conditions are revealed in this work. This paper features the analysis of the practice of the courts and the meaning of the factual circumstances in order to identify the presence of the fact regarding the unilateral change of the working conditions, and the analysis of the application of the legal norms in order to solve the issue of the legality of the unilateral change of the working conditions. The unilateral change of the working conditions is revealed not only via the existing legal norms, but also via the author's presented assessment of the norms governing the unilateral change of the working conditions, found in the Labour Code, which will enter into force on 1st July 2017. The author of the work presents his own conclusions and assessment – in the field of the unilateral change of the working conditions, the labour law norms are evolving and are progressively developed in order to establish the social dialogue between the employer and the employee. |
