Náhrada majetkové a nemajetkové újmy v agenturním zaměstnávání
Compensation for Pecuniary and Non-pecuniary Damage in Agency Employment

Summary/Abstract: The article presents an analysis of the issue of compensation for pecuniary and non-pecuniary damage in temporary agency work. The individual civil law and labour law principles as well as individual relationships within the framework of temporary agency work are analyzed. Special attention is paid to the demands of individual entities and their interconnectedness. The article examines the relationships between the employment agency and the temporary agency worker, between the employment agency and the user, and lastly also the relationship between the user and the temporary agency worker. Emphasis is placed on a thorough analysis of the last-mentioned factual relationship between the user and the temporary agency worker. In this area, the concept of de lege ferenda was proposed, according to which it would be possible to consider making a special contract with the user extending his or her liabilities beyond those stipulated in a contract made between the employee and the employer (i.e. the temporary agency worker and the employment agency) Hence, the provisions of Section 309 (7) of Act No. 262/2006 Sb., the Czech Labour Code, are considered which contain the option of making an agreement between the user and the temporary agency worker concerning measures to better protect the user’s property. This provision has been provoking debate among the professional public for some time, and it is therefore necessary to answer questions that have not yet been sufficiently answered. It is crucial that the individual measures must not be less advantageous for temporarily assigned workers of the employment agency than for long-term employees. The article aims to provide a comprehensive overview of the responsibilities in temporary agency work, taking into account certain specifics that arise from this concept (temporary agency work).

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