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

Kód výsledku v 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>

Výsledek na webu

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DOI - Digital Object Identifier

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Jazyk výsledku

angličtina

Název v původním jazyce

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

Popis výsledku v původním jazyce

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.

Název v anglickém jazyce

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

Popis výsledku anglicky

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.

Druh

C - Kapitola v odborné knize

CEP obor

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OECD FORD obor

50501 - Law

Projekt

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Návaznosti

I - Institucionalni podpora na dlouhodoby koncepcni rozvoj vyzkumne organizace

Rok uplatnění

2019

Kód důvěrnosti údajů

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

Název knihy nebo sborníku

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

ISBN

978-3-99046-438-0

Počet stran výsledku

9

Strana od-do

"656–664"

Počet stran knihy

1303

Název nakladatele

Verlag des Österreichischen Gewerkshaftsbundes GmbH

Místo vydání

Wien

Kód UT WoS kapitoly

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