Proxy Representation of the Employer in Labour Law Relationships

Abstract

In this contribution, we thoroughly address the issue of legal representation of employers by proxy in the context of labour law relationships, analysing the recent Resolution of the Supreme Court of the Slovak Republic, which declared the legal act performed by a proxy on behalf of the employer to be invalid. This ruling has sparked a significant discussion regarding the legitimacy and effectiveness of proxy representing employers, particularly in cases involving employment contracts, termination of employment relationships, and other labour law acts that have direct impacts on the rights of employees. Our analysis focuses on the theoretical and practical aspects of legal representation, assessing how the legal system of the Slovak Republic formulates norms concerning representation in labour law relationships and what the implications of these norms are for employers and employees in the context of the Supreme Court’s jurisprudence. We consider the legislative frameworks and relevant case law that deal with the relationships between commercial and labour law. Special attention is also given to the interaction between these legal areas, exploring the legal and practical obstacles that may arise when applying proxy representation in labour law relationships. Given the dynamic nature of the labour market and the continuously evolving legal norms, it is essential to discuss these issues to ensure legal certainty and the protection of the rights of all parties involved.