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DOI: 10.33226/0032-6186.2023.7.9
JEL: K31

Dismissal of the claim for reinstatement to work based on Article 8 of the Labor Code and violation of the principles of social coexistence by both parties to the employment relationship (the principle of "clean hands")

The author presents the position of the Supreme Court regarding the content of the clause of abuse of the subjective right (Article 8 of the Labor Code) in the context of the principle of "clean hands". According to this principle, anyone who violates the principles of social coexistence himself cannot enjoy protection against abuse of the law by the other party. The study presents in more detail one of the last judgments of the Supreme Court, which concerns more complex situations in which violation of the principles of social coexistence was committed by both parties to the legal relationship.

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Keywords: abuse of subjective right clause; the "clean hands" principle
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