MEGATRENDS AND MEDIA

TRANSFORMATION OF THE MEDIA GARDEN
In the case of breaching the aforementioned principles, an employee had
(and still has this possibility after the adoption of the new legal regulation)
a right to ile a complaint against their employer and the employer was
(is) obliged to respond to such a complaint, provide redress, refrain
from such conduct, and eliminate its consequences (Section 13 (5) of the
Labour Code) without undue delay).
Legal protection is generally regulated by Article 9 of the Fundamental
Principles of the Labour Code. The Labour Code subsequently enacts in
Section 14 (Dispute Resolution) that disputes between an employer and
an employee regarding claims in relation to employment relations will
be dealt with and decided on by the courts. Slovak legislation does not
incorporate a special legal procedure for the sphere of legal relations; it
is therefore based on the general arrangement of civil procedural law.
An employee assuming that their rights or legally protected interests
have been affected by non-fulilment of the aforementioned principles
could (and can) apply to the court and require the legal protection
enacted in the anti-discrimination act (Section 13 (6) of the Labour
Code). The aforementioned implies that the procedure established in
the anti-discrimination law will apply to both the proceedings related
to the discrimination agenda, and the agenda regarding the examination
of the exercise of rights and duties in accordance with the principles of
morality and misuse of a right.
The anti-discrimination law enacts the possibility to require the
following:
– refrain from unlawful acting,
– redress of an irregular situation,
– adequate satisfaction,
– inancial compensation of non-material damage.
The defendant is obliged to prove that discrimination/bullying did
not occur. If the plaintiff provides facts at a trial from which it can be
reasonably concluded that discrimination/bullying occurred, the
institute of so called reversed proof of burden implies. However, the
plaintiff (employee) is obliged to specify the decisive facts to assess the
act of the defendant (the burden of producing evidence).
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