Lecture ETL/ECTIL: Jakub Hlavenka

The Czech Labour Code is classified as a private law statute and must therefore be interpreted in the light of the autonomy of will, reflected in the principle that individuals may do anything not prohibited by law. Any restriction of private autonomy must pursue a legitimate interest grounded in a legally recognised value and must withstand a test of proportionality. Using contractual penalties as a case study, the lecture will examine how Czech legal doctrine restricts contractual freedom in employment relationships in a manner that is both ineffective and insufficiently justified. It will argue that the protection of the employee as the weaker party cannot, by itself, replace the precise identification of the value pursued and a proportionality assessment of the restriction imposed. The analysis may also offer broader inspiration for interpreting legal rules in other jurisdictions, particularly where private autonomy is restricted in order to protect a weaker contracting party.

The lectures are scheduled for 20 minutes each, with an opportunity for discussion afterwards. 

 The event will take place in the Seminar Room of ETL/ECTIL (Reichsratsstraße 17/2, 1010 Wien). Participation is free of charge. If you would like to attend, please register via etl(at)oeaw.ac.at.