National Repository of Grey Literature 96 records found  1 - 10nextend  jump to record: Search took 0.00 seconds. 
Fixed-term employment
Poláková, Zuzana ; Štefko, Martin (advisor) ; Morávek, Jakub (referee)
This Rigorous thesis deals with the issue of fixed-term employment. From this point of view the employee and the employer. The aim of this thesis is to summarize the legislation on fixed-term employment. An important part is dealing with the key case law. I compare the different interpretation of specific problematic issues made by the Constitutional Court and the Supreme Court. This comparison includes a demonstration of specific situations that may occur. This work is divided into eight main chapters. In the first chapter I deal with the conceptual definition and creation of employment relationship. In the following second chapter I go through the historical development of the employment relationship. The first two introductory chapters are primarily about employment in general. In the third chapter I deal with the first independent regulation of fixed-term employment, which was laid down in Act No. 65/1965 Coll., Labor Code. I focus in particular on the changes that fixed-term contract took place over time. The fourth chapter deals with the previous version of the legislation on fixed-term employment which was laid down in Act No. 262/2006 Coll., Labor Code. Here I go through and compare the main differences in the previous versions of this regulation focusing on the changes in fixed-term...
A trade union as a legal entity
Tauc, Petr ; Hůrka, Petr (advisor) ; Morávek, Jakub (referee)
The aim of this thesis is mainly to describe a trade union as a legal entity and provide through an empirical approach a closer look at the social reality surrounding a trade union. This thesis also analyses the impact of the social reality on the trade union and, on the contrary, consequences of the trade union behaviour, which can directly influence the social mood. The thesis also examines the current position of the trade union from its rich historical context. That is the main reason, why this thesis contains a very detailed overview of the historical fight for good working conditions in the Czech territory. I personally consider this part as very important, as good working conditions are main indicator of willingness to unionize into a trade or a labour union. The thesis likewise focuses on the description of the current legal regulation of a trade union competence at an employer. It is important for better understanding functionary work, which is not only about collective bargaining. The trade union topic is very actual due to the recent recodification of private law and the emerged issue of new classification model of legal entities. The issue is very often subject to doctrine and judicial decisions (especially in case of a trade union). Generally speaking, we can say that not all subjects...
The sharing economy and digitalization: challenge for complex modification of labor law?
Tkadlec, Matěj ; Morávek, Jakub (advisor) ; Pichrt, Jan (referee)
THE SHARING ECONOMY AND DIGITALIZATION: CHALLENGE FOR COMPLEX MODIFICATION OF LABOR LAW? ABSTRACT This diploma thesis discusses the phenomenon of last decade called sharing economy, which has many different forms and names. In its purest meaning, the sharing economy concerns behavior of economically active entities that, in order to reduce their own costs or to use their spare capacity, share free resources. As the best examples of sharing economy, we can name capital platform Airbnb, where people share their unused immovable in order to generate profit or work platform BlaBlaCar trough which people reduce their car costs while travelling one-off long-distance trips. However, as mentioned above, sharing economy has many different forms. One of them, which cannot be recognized as its pure form, is provided by Uber. Uber, as well as BlaBlaCar, created mobile platform trough which providers of transport services can get in touch with users of these services. Despite this similarity, there are several significant differences from which one can conclude that Uber is not a classic provider of information technology services, such as BlaBlaCar. That was also borne out by foreign courts, including European Court of Justice. On that basis, a question arises, whether Uber drivers really carry on the activity of...
The role databases in the recruitment process in relation to GDPR
Vais, Vojtěch ; Morávek, Jakub (advisor) ; Štefko, Martin (referee)
The role of databases in the recruitment process in relation to GDPR Abstract With the development of databases and computers, the possibility of automated data processing has emerged as we know it in the form of advanced databases today. Within half a century, the company switched from a paper file to a fully automatic way of manipulating data. This of course directly affects the processing of personal data. The law on the protection of personal data, which was initially part of the right to privacy, had to respond to the rapid development in the world of information technology. Working with the development of the right to protection of personal data is not addressed in isolation, but in the context of the development of information technology, and thus states the whole legal framework in the context, thus offering readers a wider understanding. The aim of the work is to respond to the stormy reactions that accompany the adoption of the general regulation with the support of the media world. In particular, to provide the reader with a real guide in applying the general regulation to the recruitment process in a situation where a large number of materials have been created in the public space, but they are kept at a very general level and do not provide real help to their users when dealing with specific...
Whisteblowing, employment relationships and development of whistleblowing legislation in the Czech Republic
Koblerová, Markéta ; Pichrt, Jan (advisor) ; Morávek, Jakub (referee)
In the submitted diploma thesis, the author deals with the topic of whistleblowing, in other words protected disclosure of wrongdoing, which is highly topical issue in the Czech Republic over the last decade. This issue gained attention with the first publicly known cases of Czech whistleblowers and also with several submitted legislative proposals for a complex legal regulation of the regime of protected disclosure in the Czech Republic. In the first part of the thesis, the author defines the concept of whistleblowing, in particular through several legal definitions from various authors. This part also deals with the development of the institute in the Anglo-Saxon countries as well as with its overlap into other sectors. Its related aspects are also discussed, namely the concept of labor-law relations and the duty of loyalty. On the whole, the first chapter should provide a more comprehensive view of the whistleblowing institute in order to draw the most important elements needed in the possible regulation of protected disclosure. The second chapter presents international commitments of the Czech Republic related to the regulation of this institute and consisting the most important documents adopted by European Union and other important international organizations, including some relevant case-law of the...
Employee's Health Incapacity to Work and Legal Nature of Medical Certificates
Sadílek, Martin ; Tomšej, Jakub (advisor) ; Morávek, Jakub (referee)
Employee's Health Incapacity to Work and Legal Nature of Medical Certificates Abstract This thesis is named "Employee's Health Incapacity to Work and Legal Nature of Medical Certificates." Employee's health incapacity to work has significant consequences for the master-servant relationship and these consequences are visible in the areas of creation, modification and termination of the master-servant relationship. This incapacity can also have various causes and every cause can have different labour-law consequences. Employee's health incapacity can, however, be declared only by a medical certificate or by a decision of an administrative authority, which reviews the medical certificate. Only on the basis of the above mentioned medical certificate or decision of an administrative authority which reviews the medical certificate are the employer and employee entitled to actions predicted by legislation. In recent years, there has been a change in how medical certificates are viewed upon in terms of their legal nature. Today, medical certificates are not considered as legally binding, but only as a non-binding opinion. The objective of this thesis is to describe and analyse the legal regulation of medical certificates, with extra attention being paid to the legal nature of those certificates. The goal is also to...
The Relevance of Medical Opinion at the Commencement and Termination of Employment
Vlachová, Anna ; Morávek, Jakub (advisor) ; Tomšej, Jakub (referee)
This thesis titled "The Relevance of Medical Opinion at the Commencement and Termination of Employment" deals with the need and use of medical opinions in employment relations issues. The introductory chapter briefly describes the employer's duty to take care of his employees' health as it is a part of Occupational Health and Safety rules. The following part is dedicated to the general legislation on company health care services, mainly to the Specific Health care Services Act (373/2011 Sb.). The chapters describe the system of relations between the employer and the company health care services provider which is a business relation. Then the author describes company medical examinations, specifically entrance and extraordinary medical examinations. Also formal requirements of medical opinions and their issue terms can be found it this part. The final chapter of the first part is dedicated to the possibility of medical opinions to be reviewed at administrative procedure or others; important case law is presented. The second part of the thesis is dedicated to medical opinions at commencement of employment and their relevance. The opening chapter of this second part deals with the legal situation as it was effective until October 31st , 2017 when the law required to undergo the entrance medical...
Claims arising from invalid termination of employment
Holubová, Veronika ; Drápal, Ljubomír (advisor) ; Morávek, Jakub (referee)
Claims arising from invalid termination of employment Abstract The aim of this Master thesis is to analyse legislation concerning the invalid employment termination, to distinguish the invalid employment termination from putative employment termination established by Act No. 89/2012 Coll., Civil Code, as amended, and especially to summarize the legislation and case law concerning claims arising from invalid employment termination. The introductory chapter contains the aims of this thesis and represents the reasons why I think this topic is still relevant. Chapter two explains the employment briefly. Chapter three provides the brief introduction to employment termination and individual subchapters present the essentials of individual types of employment termination. Chapter four analyses invalid employment termination, and relation between the Civil Code and Labour Code and defines conditions necessary to qualify the employment termination as the act. Subchapter two analyses putative employment termination and its results in employment termination field. Subchapter three concerns the invalid employment termination, distinguishes between the void termination and voidable termination and represents its grounds. Chapter five summarizes selected aspects of court proceeding. Particular subchapters therefore...
The Status of individual professional athlete
Lelek, Miroslav ; Pichrt, Jan (advisor) ; Morávek, Jakub (referee)
This diploma thesis deals with the issue of a status of individual professional athlete. This issue seems to be easy to resolve as the legal doctrine unanimously classifies individual professional athletes as self-employed. However, further examination provides more detailed view and illustrates the issue is not as unambiguous as one might assume. Thus the aim of the thesis was to analyse the status and sports activity performance of individual professional athlete both theoretically and practically. The analysis of the sports activity performance of single individual professional athletes points out that their performances are different to a great extent. The sports activity performance of some athletes can be even without any doubt considered as a dependent work in terms of labour law. It results in fact that some of individual professional athletes conducts sports activity as self-employed, some of them are employees and some of them even professional soldiers. Every single legal status is connected with various benefits but also with some difficulties. In addition, according to predominant practice and regardless on the nature of their sports activity performance athletes are free to choose their legal status. The thesis also partly concentrates on complex issue of civil liability of athletes...
Private-law aspects of Civil Service Act
Rubešová, Jolana ; Morávek, Jakub (referee)
Private-law aspects of Civil Service Act Abstract Primary aim of the thesis is to cover all fundamental issues of private law-public law divide and to focus on their practical aspects in connection with the Civil Service Act. That implies that the thesis has two main dimensions - methodological and theoretical dimension that focuses generally on private law-public law divide and practical dimension focused on legal construction and analysis concerning specific legal act. Opening chapters of the thesis are briefly describing meaning of the private law- public law divide, approach to this kind of divide in the common-law and development of this divide in the recent Czech history. After that follows the second chapter of the thesis which determinates and depicts general methodology of recognizing the nature of legal phenomena in respect of private law-public law divide. This chapter is divided to the four parts - theoretical part focusing on differences between specific legal phenomena and accordingly the differences in the procedure of recognizing their public or private nature, part describing fundamental criteria that are used to distinguish the private and public law, part that deals with relations that exist between those two areas of law and finally the section that sums up practice of the Czech courts...

National Repository of Grey Literature : 96 records found   1 - 10nextend  jump to record:
See also: similar author names
12 Morávek, Jan
2 Morávek, Jan,
5 Morávek, Jiří
4 Morávek, Josef
1 Morávek, Jozef
Interested in being notified about new results for this query?
Subscribe to the RSS feed.