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Employee benefits
Ottová, Karolína ; Morávek, Jakub (advisor) ; Matějka Řehořová, Lucie (referee)
The name of the thesis - Employee benefits This thesis deals with the issue of employee benefits and focuses on providing a comprehensive analysis of key issues related to their provision. Due to the limited scope of the thesis, it focuses on selected cases and identifies potential problems associated with the provision of these benefits. The thesis is structured into five main chapters. The introductory part of the thesis is devoted to a brief introduction of some definitions of employee benefits, the historical context and the current development of these benefits. Particular attention is paid to the analysis of an impact of the COVID-19 pandemic on the providing of employee benefits, current trends and the response to changes in the Czech legal environment. The following part of the thesis systematically describes the categorization of employee benefits and analyses them from different perspectives. The third part of the thesis further focuses on the rules for the provision of employee benefits. First of all, this part focuses on the absence of explicit legal regulation in the Czech legal system, taking into account the partial regulation of employee benefits under the Labour Code and related legal norms. Attention is also paid to the recent changes introduced by the Amendment to the Labour Code...
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Legal status of athletes in team sports
Beneš, Marek ; Morávek, Jakub (advisor) ; Matějka Řehořová, Lucie (referee)
in English language The thesis is dedicated to the issue of the legal status of athletes, with the greatest emphasis placed on professional athletes engaged in team sports. Under the current legal framework in the Czech Republic, professional athletes are generally considered self-employed individuals, which does not correspond to the global trend of granting employee status through employment contracts. The intention of this thesis is not only to describe the current state of legal regulation in the Czech Republic but also to propose possible directions for future legislative efforts, as the current state cannot be considered satisfactory. The thesis will address this issue from the perspective of professional team sports in general, as well as from the perspective of a specific sports sector, which will provide an opportunity for practical application of general findings. This sector will be ice hockey, through which the thesis will also compare Czech legal regulation with that of Switzerland, where the employment relationship between professional athletes and sports clubs is characteristic. The thesis is divided into seven parts. The first part defines basic concepts related to sports law and sports in general, providing necessary groundwork for understanding the subsequent sections. The second...
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Legal regulation of remote work
Hlaváčová, Šárka ; Matějka Řehořová, Lucie (advisor) ; Morávek, Jakub (referee)
On 1 October 2023, most of the so-called transposition amendment to the Labor Code came into force, which brought many significant changes to the Czech legal system. Among them is also the anchoring of the new legal regulation of remote work, the legal regulation of which has been very austere until now. The aim of this Diploma thesis is to analyse the legal regulation of remote work with a focus on the transposition amendment. This analysis is intended to enable the evaluation of both the various forms of the amendment during its preparation, as well as the final wording of the provisions in the Labor Code that relate to remote work. In the first part, the Diploma thesis is devoted on definition of remote work as one of the atypical forms of employment, looking at its definition, as well as its relation to related concepts and its historical development. Furthermore, the thesis deals with the legal regulation at the international and EU level, when the expiry of the deadline for the mandatory transposition of the WLB directive was one of the main impulses for the adoption of the new legal regulation. In following chapters, the thesis also elaborates on national regulation. It first describes the relationship of remote work to the fundamental rights enshrined in the Chapter of Fundamental Rights...
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Severance pay
Svatošová, Leontina ; Matějka Řehořová, Lucie (advisor) ; Morávek, Jakub (referee)
Severance pay Abstract The submitted rigorous thesis explores in depth the legal institute of severance pay as a compensation provided to employees under the Labour Code in certain cases of termination of employment. Using the descriptive, analytical and comparative methods and with the help of rich literature and case law, the author provides not only a definition and description of the current labour law regulation of severance pay contained in the provisions of Section 67 (and others) of the Labour Code and its previous historical development after the Velvet Revolution, but also of the related institutes, which include, among others, the termination grounds related to severance pay, i.e. the grounds under Section 52(a) to (d) of the Labour Code, as well as the procedure for termination of employment in connection with the transfer of employment law rights and obligations under the provisions of Section 338 et seq. of the Labour Code. The author also compares the domestic regulation with legal systems relatively close to the Czech Republic, namely the Slovak and Hungarian legal systems. By focusing on the essential aspects of the regulation of severance pay in the respective countries (which the author considers to be, for the purposes of the relevant chapter, the amount of severance pay and the legal...
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Adjudication of individual labour disputes
Bohačík, Stanislav ; Pichrt, Jan (advisor) ; Matějka Řehořová, Lucie (referee)
Adjudication of individual labour disputes Abstract The thesis examines the adjudication of individual labour disputes and aims to provide an overview of the issue, including a historical background and presentation of selected foreign legislation, along with the author's own proposed solutions. The first chapter defines labour disputes and explores different ways to categorize them. The second chapter provides a historical overview of how individual labour disputes were handled in the Austro-Hungarian Empire, the first Czechoslovak Republic, the Protectorate, and the early post-war years. It covers the trade courts, the specialized Czechoslovak labour courts, and their disappearance due to the adoption of soviet doctrinal Law on the Humanization of the Judiciary. The third chapter discusses the period of turbulent changes in labour dispute arbitration after the communist takeover in 1948 and during the period of normalisation after the "Prague Spring" in 1968. It examines different methods used of resolving individual labour disputes, analyses their instruments, and explains the differences between the applied institutes. The fourth chapter focuses on the current international, European, and Czech legal regulations for individual labour disputes. It looks into the detail at the lay judge as a lay element...
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Status of senior employees
Horáková, Karolína ; Matějka Řehořová, Lucie (advisor) ; Morávek, Jakub (referee)
Status of senior employees This thesis deals with a special category of employees who have the task of managing, organising and checking the work of subordinate employees. It is often crucial for the employer's operations to have these senior employees in the company, especially to better ensure the organisation of work, where the employer may not have sufficient overview of all their employees, especially if it employs a large number of people. Managers thus act as a necessary link between employers and rank-and-file employees, fulfilling the employer's will through their activities, thus facilitating the performance of the employer's activities, but also making it easier to manage a larger number of employees, which can also lead to greater success of the company. Since this is a significant part of (almost) every work group, it can be considered more than appropriate to define as much knowledge as possible regarding the position of senior employees within one specific job type, where for this purpose not only various professional articles in periodicals, the authors of which are used with senior employees have dealt with in the past, but above all in this work, court jurisprudence is processed, with regard to insight into employment relations in practice. Due to the nature of the chosen topic,...
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Vaccination of employees
Herčíková, Tereza ; Štefko, Martin (advisor) ; Matějka Řehořová, Lucie (referee)
Vaccination of employees Abstract In her thesis the author looks at the topic of vaccination of employees. This issue is very actual, especially in the context of the recent pandemic of the covid-19 disease. Nevertheless, vaccination from the labour law point of view is a neglected topic in which many issues remain unresolved or interpreted contradictorily by the doctrine. The thesis besides an introduction and a conclusion consists of four chapters, in which a number of warnings about deficiencies in the legislation and suggestions de lege ferenda are presented. The first chapter of the thesis focuses on the legal regulation of vaccination against infectious diseases in the Czech Republic and its sources at the international and European level. The focus is mainly on the analysis of compulsory types of vaccination; however, the regulation of voluntary vaccination is not omitted. Furthermore, the conclusions of recent case law of the Constitutional Court and the European Court of Human Rights related to the compulsory vaccination are analysed and critically evaluated. The second chapter deals with the labour law aspects of vaccination. The author focuses on partial institutes of labour law and their application in connection with vaccination of employees. The chapter includes an analysis of the obligations...
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Fair remuneration in labour relations
Hammerle, Petr ; Morávek, Jakub (advisor) ; Matějka Řehořová, Lucie (referee)
Fair remuneration in labour relations This diploma thesis deals with the issue of fair remuneration in labour relations. It focuses in particular on the issue of equal remuneration, as this is an area that is currently coming to the fore both in terms of new legislative activity in the Czech Republic and the European Union, and in terms of some of the jurisprudential conclusions reached by the courts of the Czech Republic. The aim of the thesis is a comprehensive assessment of the current state of the matter in theory and practice and an outline of possible solutions to current problematic issues. The thesis consists of four chapters, the first of which deals with the topic in the most general terms, i.e. from the perspective of fair remuneration as a general principle. It analyses its meaning and content, and its relationship with other legal principles such as the principle of equality and the principle of equal treatment and non-discrimination. The second chapter provides a comprehensive overview of the legal framework for fair remuneration, from the relevant international conventions to specific national legislation, and looks in more detail at current issues in the legislation, particularly in relation to the new EU directive on transparency in pay. The third and fourth chapters address one of...
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CCTV systems in the workplace
Galantseva, Julia ; Morávek, Jakub (advisor) ; Matějka Řehořová, Lucie (referee)
CCTV systems in the workplace Abstract This thesis focuses on the topic of CCTV systems in the workplace, both from the perspective of Czech labour laws and the european General Data Protection Regulation. The thesis focuses on the analysis of individual legal sources and presents an overview of the legal obligations and criteria that the employer is obliged to fulfil in order to install and use CCTV systems in the workplace. The thesis is divided into four thematic parts. In the first part of the thesis, space is devoted to the definition of the term "CCTV system" and the division of CCTV systems into types according to criteria relevant to the legal regulation of personal data protection. Subsequently, with emphasis on the development of the opinion of the Personal Data Protection Office, it is examined whether the defined types of CCTV systems fall within the scope of the GDPR. This section also defines the concept of 'dummy' cameras. The second part of the thesis focuses on the interpretation of Section 316 of the Labour Code, which regulates the possibility of employee surveillance in the workplace. The focus of this part of the thesis is a legal analysis of legal terms in the examined provisions, in particular with the help of specialized literature, opinions of the Personal Data Protection Office and...
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Trends and changes in the performance of working from home in recent years
Černohorská, Eliška ; Matějka Řehořová, Lucie (advisor) ; Tomšej, Jakub (referee)
The diploma thesis is divided into two parts, the first part is conceived as theoretical, which deals with the trends in the development of the legislative regulation of work from home and the legislative process of the draft amendments to the Labor Code from 2016 and from 2022. For the context of the entire institute of work from home, in the first the historical development of working from home is also mentioned in the thesis. The 2022 amendment to the Labor Code is analyzed in more detail and its legislative process is also described. The aim of the thesis was to evaluate the original legislation on working from home and the proposed amendments. Act no. 262/2006 Coll., the Labor Code, which was void and effective until 30/09/2023. Within the framework of working from home, the diploma thesis deals in more detail with reimbursement of costs and safety, health and protection when working from home. Since working from home cannot be grasped separately from other issues, the diploma thesis marginally touches on institutes related to working from home, namely: taxes in connection with another place of work performance and working from home in relation to the environment. In the second part, the thesis is devoted to practical research on working from home from the period before the global Covid-19...
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