Martin Štefko
Author’s affiliation: Faculty of Law, Charles University in Prague

Is the collective agreement a civil-law agreement?

Jurisprudence 5/2017 Section: Articles Page: 28-34

Keywords: collective bargaining; collective agreement, trade unions

Abstract: The article is devoted to the question regarding the status of collective agreements. The big question from the eve of Czech labour law at the beginning of the previous century has returned in labour law and civil service law stronger than ever. The main reason for this reflection is not only the current recodification of private law that reopens the previously partly addressed question pertaining to the level of independence of labour law codification but also the new civil service act and governmental wild practice in collective bargaining. In 2016, the government used the higher-rank collective agreement to exclude a law, a year later there is an informal ban on collective bargaining due to some ill-formulated arguments concerning the governmental privileges.