4. January 2018

Constitutional court closed long discussed issue of acting on behalf of the employer

Constitutional Court of SR has settled long discussed issue of acting on behalf of employer within labor law relations – the Constitutional Court of the Slovak Republic concluded and decided on August 31, 2017 (decision case No. I. ÚS 155/2017) that according to the Slovak Labor Code the employer is entitled to grant power of attorney (authorize) to act on behalf of the employer within the labor law relations, besides his employees, also to any other third person. Thereby the constitutional court closed a long discussed issue of acting on behalf of the employer within labor law relations – till the constitutional court’s decision the legal opinions were divided into two groups, one recognized the entitlement of the employer to grant power of attorney to (authorize) any third person, and the other recognized such entitlement of the employer only towards his own employees. The source of the division of legal opinions was the wording of the relevant provisions of the Slovak Labor Code (Section 9 and 10) which could have been interpreted both ways. Currently, the issue is settled due to the above stated recent decision of the constitutional court.