Occupational Accident and Occupational Disease as an Obstacle to Work on the Employee’s Side – the Czech Perspective
In the paper, the author deals with the issue of the current jurisprudence of the Supreme Court of the Czech Republic regarding the employee’s right to wage compensation due to an obstacle to work on the employer’s side in the case the employer does not assign work to this employee according to the...
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| Format: | Article |
| Language: | ces |
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Trnava University, Faculty of Law
2023-06-01
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| Series: | Societas et Iurisprudentia |
| Subjects: | |
| Online Access: | http://sei.iuridica.truni.sk/archive/2023/02/SEI-2023-02-Studies-Stepankova-Katerina.pdf |
| _version_ | 1797674807848861696 |
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| author | Kateřina Štěpánková |
| author_facet | Kateřina Štěpánková |
| author_sort | Kateřina Štěpánková |
| collection | DOAJ |
| description | In the paper, the author deals with the issue of the current jurisprudence of the Supreme Court of the Czech Republic regarding the employee’s right to wage compensation due to an obstacle to work on the employer’s side in the case the employer does not assign work to this employee according to the employment contract due to his or her common illness. She then assesses the relevance and applicability of these opinions in relation to occupational accidents and occupational diseases. At the same time, she bases her conclusions not only on the interpretation of the applicable Czech legislation, but also on a whole range of case law. In the conclusions, she also deals in detail with the employer’s obligation to transfer such an employee to another suitable job for him or her. The fact whether the employer has another suitable job available for the employee (and decides of his or her own free will not to transfer the employee to it) or, on the contrary, does not have another suitable job available for the employee is, in the opinion of the author, a key distinguishing criterion for considering whether the non-assignment of work by the employer should be assessed as an obstacle to work on the employer’s side (with the right to wage compensation) or as an obstacle to work on the employee’s side. |
| first_indexed | 2024-03-11T22:04:23Z |
| format | Article |
| id | doaj.art-fa09c9c94c9e408fa346bd8b03932835 |
| institution | Directory Open Access Journal |
| issn | 1339-5467 |
| language | ces |
| last_indexed | 2024-03-11T22:04:23Z |
| publishDate | 2023-06-01 |
| publisher | Trnava University, Faculty of Law |
| record_format | Article |
| series | Societas et Iurisprudentia |
| spelling | doaj.art-fa09c9c94c9e408fa346bd8b039328352023-09-25T10:10:07ZcesTrnava University, Faculty of LawSocietas et Iurisprudentia1339-54672023-06-01112699010.31262/1339-5467/2023/11/2/69-90Occupational Accident and Occupational Disease as an Obstacle to Work on the Employee’s Side – the Czech PerspectiveKateřina Štěpánková0https://orcid.org/0000-0001-5642-9445Charles University in Prague, Prague, Czech RepublicIn the paper, the author deals with the issue of the current jurisprudence of the Supreme Court of the Czech Republic regarding the employee’s right to wage compensation due to an obstacle to work on the employer’s side in the case the employer does not assign work to this employee according to the employment contract due to his or her common illness. She then assesses the relevance and applicability of these opinions in relation to occupational accidents and occupational diseases. At the same time, she bases her conclusions not only on the interpretation of the applicable Czech legislation, but also on a whole range of case law. In the conclusions, she also deals in detail with the employer’s obligation to transfer such an employee to another suitable job for him or her. The fact whether the employer has another suitable job available for the employee (and decides of his or her own free will not to transfer the employee to it) or, on the contrary, does not have another suitable job available for the employee is, in the opinion of the author, a key distinguishing criterion for considering whether the non-assignment of work by the employer should be assessed as an obstacle to work on the employer’s side (with the right to wage compensation) or as an obstacle to work on the employee’s side.http://sei.iuridica.truni.sk/archive/2023/02/SEI-2023-02-Studies-Stepankova-Katerina.pdflabour lawoccupational accidentoccupational diseaseobstacle to work on the employee’s sideobstacle to work on the employer’s sideobligation to transfer the employee to another workwage compensationcommon illnessthe czech republic |
| spellingShingle | Kateřina Štěpánková Occupational Accident and Occupational Disease as an Obstacle to Work on the Employee’s Side – the Czech Perspective Societas et Iurisprudentia labour law occupational accident occupational disease obstacle to work on the employee’s side obstacle to work on the employer’s side obligation to transfer the employee to another work wage compensation common illness the czech republic |
| title | Occupational Accident and Occupational Disease as an Obstacle to Work on the Employee’s Side – the Czech Perspective |
| title_full | Occupational Accident and Occupational Disease as an Obstacle to Work on the Employee’s Side – the Czech Perspective |
| title_fullStr | Occupational Accident and Occupational Disease as an Obstacle to Work on the Employee’s Side – the Czech Perspective |
| title_full_unstemmed | Occupational Accident and Occupational Disease as an Obstacle to Work on the Employee’s Side – the Czech Perspective |
| title_short | Occupational Accident and Occupational Disease as an Obstacle to Work on the Employee’s Side – the Czech Perspective |
| title_sort | occupational accident and occupational disease as an obstacle to work on the employee s side the czech perspective |
| topic | labour law occupational accident occupational disease obstacle to work on the employee’s side obstacle to work on the employer’s side obligation to transfer the employee to another work wage compensation common illness the czech republic |
| url | http://sei.iuridica.truni.sk/archive/2023/02/SEI-2023-02-Studies-Stepankova-Katerina.pdf |
| work_keys_str_mv | AT katerinastepankova occupationalaccidentandoccupationaldiseaseasanobstacletoworkontheemployeessidetheczechperspective |