Impact on (incorrect) classification of consequences of defects of juridical acts during defense against termination at employment
Abstract
Labor Code, that is in the position of lex specialis on the field of civil law and contains rules for master-servant relationship, does not contain general rules for performation of juridical acts and their defects. For these matters, the Civil Code is used.
In connection with judicial protection of employment termination Labor Code covers only procedure in case of nullity of such juridical acts. Other consequences of juridical acts defects in connection with employment termination are handled according to the general rules laid down by the Civil Code and the Civil Procedure Code.
Correct determination of juridical acts defects connected to the termination an employment is crucial for further proceedings before a court and for using the correct legislation (Labor Code vs. Civil Code).