The Terminal of Marriage in Czech Labor Code

Abstrakt

This paper deals with arguments defending the purpose of the existence of the provision of Section 318 of Act No. 262/2006 Coll., Labor Code. Both the arguments of legal scholarship and arguments expressed in the explanatory memorandum to the Acts in question are analyzed. This text further presents arguments in favor of repealing this provision which prohibits the performance of dependent work between spouses (registered partners). We base our arguments on international and European Union1 legal sources, in particular on anti-discrimination legislation prohibiting discrimination on the basis of marital status. In the context of Czech law, the relationship between the provision of Section 318 of the Labor Code and constitutional standards and other statutory norms is described and analyzed. A specific regulation contained in Act No. 234/2014 Coll., Civil Service Act is also presented and considered. The authors point out the absence of similar legislation in legal orders of other Member States of the European Union. In conclusion, the authors express and defend their legal opinion on the obsolescence of the discussed provision of the Labor Code and present suggestions de lege ferenda.