This master’s thesis addresses employment regulation with particular focus on differences
between the public and private sector, but also on the exceptions that apply to the
employees in state and local authorities. The purpose of this research is to analyse the
procedures related to the commencement and termination of employment relationship in
the public and private sector, and to determine whether a difference in the arrangement of
individual employment institutions in the Civil Servants Act compared to the general
arrangement as stated in the Employment Relationship Act is truly reasonable based on the
scientific methods of research.
Employment relationships are governed by the Employment Relationships Act. However,
the employment relationships in the public sector are specifically regulated by the Civil
Servants Act, which defines the freedom of the contracting parties and the employment in
the public sector in greater detail. Nevertheless, the examination of the termination of
employment contract has shown that the Civil Servants Act fails to govern this issue
comprehensively. Moreover, in case of extraordinary termination and termination of
employment contract on a fault-based ground, the provisions of the Employment
Relationship Act are applied.
Despite the efforts that the recruitment of civil servants in public administration would be
comparable with those employed in the private sector, a different manner of governing
these employment relationships is objectively justified. The status of civil servants is linked
to the tasks they perform and directly linked to the public interest of the state. The aim of
the civil servants law is to protect the public interest.
The master’s thesis therefore represents a contribution to the science and to labour law
because it analyses the labour law regulation in public and private sector and offers some
insight into this subject.