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Deception in employment relationships

Summary/Abstract: The Labour Code does not regulate the issue of defects of declaration of intent. In this respect, the provisions of the Civil Code to labour relations are applied under art. 300 of the Labour Code. The auxiliary application of the rules of civil law is therefore possible only in the case of loopholes in labour laws. In the case of the deception of the declaration of intent in labour law, the loophole is not obvious. To confirm its existence, the limits of its application to employment relationships of the institution terminating the employment relationship without notice (under art. 52 of the Labour Code), and the legal concept of the deception of declaration of intent regulated in art. 86 of the Civil Code, in conjunction with art. 300 of the Labour Code, need to be considered. For this purpose, the author distinguishes the effects of fraudulent declarations of intent at the stage of establishing and terminating the employment relationship as well as during its term.

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