Vybrané problematické okruhy agenturního zaměstnávání v poměrech české a německé právní úpravy
Selected Issues of Temporary Agency Work in Czech and German Legal Systems

Summary/Abstract: The article analyses the pivotal parameters of temporary agency work in Act no. 262/2006 Sb. [Czech collection of laws], the Labour Code, and it follows up with the analysis of temporary agency work in German law. The feasibility of transferring some of the instruments of German labour law to our national legislation both within the meaning of de lege ferenda, and in the law interpretation and gap-filling de lege lata is thoroughly examined here. The attention is mainly paid to the issues of temporary assignment duration, employment duration or the phenomenon of employment fiction in agency relationships. The article presents reflections on further normative development in this area and it extends beyond the theoretical level as its conclusions and recommendations are supported with specific empirical research data. It intentionally provokes thoughts about the current practice and seeks to find suitable juristic solutions using legal methodology. In its conclusion, the article compares the individual values in question from the perspective of the proportionality principle and it recommends strengthening the position of temporary agency workers especially by deducing employment between a temporary agency worker and a user by legal fiction.

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