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The Service Relations and Performance of Dependent Work

Publication at Central Library of Charles University, Faculty of Law |
2016

Abstract

The book tries to reflect the changes in the position of administrative officials in the Czech Republic which were due to Act no. 234/2014 Coll., on state service. After these persons acquired the status of state servants pursuant to the State Service Act they were transferred from the scope of the Labour Code which means from the area of private law, into the public scope.

Execution of state administration under state-service relationships became within the administrative offices as well as some other state bodies or legal persons defined by law, a regular way of carrying out activities of state services while ensuring such activities by persons in employment relationships under employment legislation continues to be regarded as an exception. Within the nature of the public-law of service relationships is a connection that the body acting as an employer, meaning on behalf of the state, known as the service authority, disposes of a public power and is authoritatively determined by unilateral acts within the limits of the legislation, the status of persons performing services - state employees.

It turns out that the change in the position of persons in the public service leading to a public law regime raises many questions about the reasonableness and appropriateness of differences in their status from that of employees performing dependent work on the basis of employment relationships (eg. in matters of deciding on compensation for damage caused by or to a state employee in connection with the performance of their activities).