POSTAVENÍ ZAMĚSTNAVATELE A VEDOUCÍHO ZAMĚSTNANCE V PRACOVNĚPRÁVNÍCH VZTAZÍCH
THE STATUS OF EMPLOYER AND EMPLOYEE AT MANAGERIAL POSITIONS ACCORDING TO LABOR-LAW RELATIONS

Summary/Abstract: The employee and the employer represent the primary subjects of labor law regulation in the area of performing dependent work. Labor law falls under the general private law; nonetheless, it shows some specific aspects (dependent work) that differentiates relationships under general private law from those under the labor law. Labor law tends to protect the weaker contracting party, which is usually the employee. A group of fundamental principles, functions and the actual provisions of the labor law must correspond to the social requirements and the actual nature of specific relations under the labor law. There is the specific position of managers, who can be perceived a little differently from ordinary employees in view of the work that they perform. The employer grants them a greater degree of autonomy in their work and decision making. The presented paper discusses where and under what conditions the relationship of managers with the employer can be considered different from that of ordinary employees; for example, whether a specific view can be taken of the intensity of their breaching their duties and obligations, their liability for assets and obligation to pay damages etc.

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