对斯洛伐克雇员心理健康的法律保护

M. Dolobáč
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引用次数: 0

摘要

技术的发展对劳工法律关系领域产生了重大影响,并提出了新的要求。其中一项要求是通过防止模糊雇员的工作和私人生活之间的界限来保护职业健康和安全。总的来说,可以说斯洛伐克的健康保护立法符合标准、国际义务和欧洲立法。另一方面,我们必须强调,保护心理健康问题直到最近才进入专家的认真讨论,主要是因为大流行病给雇员造成了巨大的心理健康问题。在文章中,我们强调了一个消极的事实,即精神障碍不能被视为一种职业病,这意味着患有精神疾病的雇员被排除在社会保障金之外。显然有必要将精神障碍和精神疾病列入职业病目录,因为它们是社会(安全)保护的法律基础。除此之外,目前在专业领域和应用实践中讨论的主题是断开权。我们认为,在《劳动法》中采用远程办公规定的断开连接权是一种进步。尽管这是朝着健康和安全政策迈出的进步一步,但另一方面,我们不得不补充说,上述断开连接的权利不仅适用于家务工作和远程工作,而且适用于任何雇佣关系。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
Legal protection of mental health of employees in Slovakia
The development of technology has a significant impact and creates new requirements in the field of labour-law relations. One of these requirements is the protection of occupational health and safety by preventing the blurring of boundaries between employees’ work and their private lives. In general, it can be stated that health protection legislation in Slovakia complies with standards, international obligations, and European legislation. On the other hand, we have to emphasize that the protection of mental health has only recently come into serious expert discussion, mostly because of the enormous mental health problems of employees caused by the pandemic. In the article we stressed the negative fact that mental disorders cannot be considered as an occupational disease and that means that employees with mental illness are excluded from the social security payments. There is an obvious necessity to include mental disorders and mental illness to the catalogue of occupational diseases as they are a legal basis for social (security) protection. Besides that, the current subject of discussions in the professional community and also in the application practice is the right to disconnect. We consider an adoption of the right to disconnect to a telework regulation in the Labour code as a progress. Despite the fact that it is a progressive step towards a health and safety policy, on the other hand we just cannot resist adding that the above-mentioned right to disconnect should apply not just to domestic work and telework, but to any employment relationship.
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