Okamžité zrušení pracovního poměru zákonným zástupcem nezletilého zaměstnance

Abstract

The paper deals with the actual issue of the possibility of the immediate termination of employment by the legal representative of the minor employee. Since 2014, The employment of minor employee (who is younger than 16) can be immediately terminated by the decision of his legal representative (typically parent). Consent of the court is necessary to this termination according to Labour Code. The main aim of this paper is to analyse the main struggles of the new legal regulation from two main aspects: material law aspect and process law aspect. The main problems are found, described and criticized in the article. The analysis of the issue is based on the legal exegesis of the current legal rules active since 1st January 2014 in all related laws – Civil Code, Labour Code, Civil Procedure Code and Act on Special Procedures. Consequences of the principles of the autonomy of will are also mentioned in the article.