Abstract

This article treats the challenging before the court the legality of contest procedure as a basis for employment. The problem that arises in practice is a result of the lack in the Labour Code of an explicit clause about judicial control over legality of the contest. The essential question concerns the persons having legal interest to bring before the court the contest case. According to the current legislation, the persons who have taken part in the proceeding but lost the case do not have a direct way to challenge its legality,  as they are not a party to the employment relationship. Therefore, the dispute cannot be an employment one under the meaning of Art. 357, Para. 1 CT. The article pays special attention to a new trend in the case law, which creates a legal opportunity  to implement indirect judicial control over the legality of the contest within the litigation procedure aiming at termination of employment contract - for example - the termination of employment contract under Art. 325, para. 1, item 8 CT.