K otázke súladu § 66 Zákonníka práce s právom Európskej únie

KUNDRÁT, I.: K otázke súladu § 66 Zákonníka práce s právom Európskej únie. Právny obzor, 108, 2025, č. 4, s. 357 - 368.*

https://doi.org/10.31577/pravnyobzor.2025.4.03

On the Question of the Compatibility of Section 66 of the Labour Code with European Union Law.

The author deals with the issue of termination of employment with a disabled employee. According to national law, a prior consent of a labour, social affairs and family office is a condition of validity of a notice given to a disabled employee. However, this protection is only granted to an employee who has the status of a disabled employee under national law. This status is acquired by an employee who has been recognised as disabled and who has presented their employer with a decision on an invalidity pension. On the other hand, the concept of disability is an autonomous concept in EU law. This concept, defined by the case-law of the CJEU as a limitation which results in particular from physical, mental or psychological impairments which in interaction with various barriers may hinder the full and effective participation of the person concerned in professional life on an equal basis with other workers, differs from the national definition of a disabled employee. The aim of the article is to answer a question whether EU law precludes national law which requires a prior consent of a labour, social affairs and family office for termination of employment, if such protection is granted exclusively to an employee who is disabled under national law.

Key words: disability, employee, employment relationship, discrimination, European Union