The Legal Regulation of the Principle of Equality and the Prohibition of Discrimination on the grounds of age during the recruitment in the Czech Republic

Result code in IS VaVaI

<a href="https://www.isvavai.cz/riv?ss=detail&h=RIV%2F61989592%3A15210%2F19%3A73597698" target="_blank" >RIV/61989592:15210/19:73597698 - isvavai.cz</a>

Result on the web

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DOI - Digital Object Identifier

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Result language

angličtina

Original language name

The Legal Regulation of the Principle of Equality and the Prohibition of Discrimination on the grounds of age during the recruitment in the Czech Republic

Original language description

Although the legal order of the Czech Republic includes the protection of job applicants in the form of equal treatment and non-discrimination on grounds of age, discrimination in recruitment it occurs very often, despite the fact that the State Labor Inspectorate punishes it. According to the case-law of the Supreme Court of the Czech Republic, if there is a violation of the rights and obligations arising from equal treatment or discrimination occured before employment (in the exercise of the right to employment), it is not a reasonable way to eliminate the consequences of such a violation or discrimination that an employee could successfully claim, accepting this employee to the labor relation by employer who denied accepting him based on violation of obligation of equal treatment and prohibition of discriminatory conduct. The court cannot eliminate the consequences of violations of rights and obligations arising from equal treatment or discrimination if such violation or discrimination before employment formation (in exercising the right to employment) by obliging the employer to deal with the employee about the creation of a particular employment forcing him to conclude an employment contract, not even by replacing the will of the employer with a judicial decision. In ligitations, the applicants sue their claim of adequate monetary satisfaction according to § 10 (2) of Anti Discrimination Act. However the plaintiffs are rarely successful in their demands, which is generally a case of the majority of ligitations on discrimination. In my opinion, the main reason is erroneous formulation of the paragraph, that states, that dignity of a person has to be deteroriented due to discrimination to be applied. Another possible reason is an absence of maximal limit of the non-material damage for not getting accepted for the work position, when the dignity of a person is not breached in any way.

Czech name

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Czech description

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Type

C - Chapter in a specialist book

CEP classification

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OECD FORD branch

50501 - Law

Project

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Continuities

I - Institucionalni podpora na dlouhodoby koncepcni rozvoj vyzkumne organizace

Publication year

2019

Confidentiality

S - Úplné a pravdivé údaje o projektu nepodléhají ochraně podle zvláštních právních předpisů

Book/collection name

Arbeiten in Würde. Festschrift für Günther Löschnigg zum 65. Geburtstag

ISBN

978-3-99046-438-0

Number of pages of the result

9

Pages from-to

"656–664"

Number of pages of the book

1303

Publisher name

Verlag des Österreichischen Gewerkshaftsbundes GmbH

Place of publication

Wien

UT code for WoS chapter

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