National Repository of Grey Literature 100 records found  1 - 10nextend  jump to record: Search took 0.01 seconds. 
Reasons for termination of employment
Karlová, Zuzana ; Drápal, Ljubomír (advisor) ; Morávek, Jakub (referee)
Reasons for termination of employment Abstract The topic of the diploma thesis concerns the reasons for the termination of the employment relationship. The aim of the thesis is to analyse thoroughly the reasons for termination in the light of legal regulation as well as the case law, but the aim of the thesis is also to reveal possible legal deficiencies and possible proposals for its de lege ferenda solutions. The actual text of the work outside of the introduction and the conclusion is divided into 4 chapters. The first chapter defines the basic concepts of labour law, its function and its position within the system of law, especially its relation to civil law. The second chapter deals with general employment and termination of employment. At the beginning there is a brief discussion about the employment relationship and its origin, including its subjects, and a list of all ways of terminating the employment relationship and more precisely characterized selected ways of termination of employment, including the termination of employment contract, the probationary period, the immediate cancellation of the employment relationship and, last but not least, the collective redundancies. The third, most extensive, chapter is the core of the entire thesis and is divided into several subchapters. These deal with...
Organizational changes of employer and stability of labor relationships
Krejsa, Josef ; Pichrt, Jan (advisor) ; Morávek, Jakub (referee)
During writing of this work, I focused on the nature and consequences of organizational changes done by employer, that affect labor relations, especially their stability. At the same time, I tried to emphasize the importance of balancing the stability and flexibility of these relationships, which is mainly due to the fact that I supplement my opinion on the balance of these contradictory aspects in the description of the legislation related to the issue. Given that organizational changes affect the weaker side of labor relations, employee, more significantly, I focused on his position in these evaluations. The key role in the interpretation of legislation of organizational changes and related institutes have courts through judgments, that often have to fill gaps that arise mainly due to variability of cases that may occur in practise. The main finding is that the Czech legal regulation of organizational changes provides, in the vast majority od cases, enough freedom to implement the will of both the employer and the employee, as well as largely adheres to one of the main principles of labor laq, protection of employee status. However, some institutes do not fully match the current needs of labor relations and somentimes even the requirements of the European Union. Therefore, we can only believe...
General Data Protection Regulation: Challenges for the Cloud
Studihradová, Barbora ; Morávek, Jakub (referee)
1 CHARLES UNIVERSITY IN PRAGUE Faculty of Law Barbora Studihradová General Data Protection Regulation: Challenges for the Cloud Master's thesis Master's thesis supervisor: JUDr. Magdaléna Svobodová, Ph.D. Department of European Law Date of completion (manuscript closure): 13 April 2018 2 General Data Protection Regulation: Challenges for the Cloud Abstract This thesis recognizes and analyses some of the fundamental challenges that the General Data Protection Regulation poses for cloud computing. Its aim is to answer the question whether the GDPR can be regarded as cloud friendly. The hypothesis that is proposed and tested is that it cannot be, since it includes concepts and wording that are impractical in cloud computing. This is assessed based on how different cloud computing services function. The thesis therefore lays down foundations of both legal and technical understanding of the data protection in the cloud in the first chapters. The analysis of the challenges then builds on this knowledge. The challenges of the GDPR for the cloud are divided into five groups. Firstly, what is regulated as personal data in the cloud is consider with regard to the concepts of anonymisation, pseudonymisation and encryption. Secondly, controller - processor relationship and their obligations in the complex cloud...
Work performance autside the employer's workplace
Sovíková, Andrea ; Bělina, Miroslav (advisor) ; Morávek, Jakub (referee)
Work performance outside the employer's workplace Abstract The aim of this diploma thesis is to describe the institute work performance outside the employer's workplace, to assess its current legislation and to provide possible solutions in terms of de lege ferenda. The first part of the diploma thesis defines basic terms relating to discussed issues, which are place of work, regular workplace, homeworking and teleworking, for the purposes of better understanding of the following text. The second part deals with the historical development of this institute from the first legal regulations relating to homeworking to current legislation contained in the Labour Code and in Act on Civil Service. One chapter of this part is also dedicated to amendment of the Labour Code from 2017, which should have brought substantial changes into this institute, but it was not accepted. The third part represents the most significant documents concerning homeworking or teleworking at the international level and at EU level. The Labour Code introduces several variations from statutory regulations for employees who work outside the employer's workplace and organize their working time themselves. The fourth part analyses individual variations and their impact on employees. The pivotal fifth part deals with individual problematical...
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...

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See also: similar author names
12 Morávek, Jan
2 Morávek, Jan,
5 Morávek, Jiří
4 Morávek, Josef
1 Morávek, Jozef
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