Abstract

The principle in contractual liability is that the party in breach of contract is obliged to compensate for the resulting damage. In the labour law literature, an isolated position has emerged that it is impossible to repair the damage caused by the refusal of a would-be employee to conclude a promised employment contract by means of a penalty reserved in favour of the would-be employer in a preliminary employment contract because the contractual penalty itself is inadmissible in such a case. The author of this article is clearly critical of such a thesis claiming that the reservation of a contractual penalty in a preliminary employment contract is obviously permissible.