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Flexible forms of work performance
Mašková, Barbora ; Hůrka, Petr (advisor) ; Tomšej, Jakub (referee)
1 Flexible forms of work performance Abstract This diploma thesis concerns the topic of flexible forms of work performance, which is very relevant in today's era of rapid technological progress and changing labour market. Its aim was to describe those institutes of flexible work performance that are regulated by the Labour Code, as well as to consider each institute's advantages and disadvantages and to offer a view on the possible development of labour law. The considerations de lege ferenda are based on the identified practical shortcomings of the current legislation and the direction of the European Union, which to some extent determines the image of the domestic legal order. Part of the thesis is devoted to a brief introduction of several basic concepts essential for understanding further interpretation of flexible forms of employment. Furthermore the text focuses on the activities of the European Union and especially those of the Court of Justice. In particular it describes its fundamental doctrines concerning the direct effect of directives. In this context, the thesis presents two relatively new directives, which should have already been implemented into our legal system. The outcomes of this thesis are based mainly on the legal provisions and opinions contained in the literature accompanied by the...
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The issue of the difference between the reasonable time for rest and food and the work break under the relevant provisions of Act No. 262/2006 Coll., the Labour Code, as amended, and Act No. 361/2003 Coll., the Service Relationship of Security Force Members Act, as amended
Kasal, Marek ; Hůrka, Petr (advisor) ; Tomšej, Jakub (referee)
The issue of the difference between the reasonable time for rest and food and the work break under the relevant provisions of Act No. 262/2006 Coll., the Labour Code, as amended, and Act No. 361/2003 Coll., the Service Relationship of Security Force Mem- bers Act, as amended Abstract This thesis addresses the still relevant issue - demonstrated by the ongoing disputes of employees and members of the security forces in the Czech Republic and essentially the entirety of the European Union - of whether their alleged work break, i.e. rest time, does in fact constitute working time. To defend their respective positions, each party to the dispute tries to prove why these "work breaks" do or do not constitute working time. In the context of the terminology of the Labour Code and the Service Relationship of Security Force Mem- bers Act this would mean that instead of work breaks, such employees should be provided with so-called "reasonable time for rest and food", as the work performed cannot, for various reasons, be interrupted. Those employees are accordingly entitled to remuneration for that time, precisely because it is in fact working time, hence overtime. The aim of this thesis is to explain this consideration and, above all, to support it with relevant sources. The theoretical part of the thesis focuses on...
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Organizational changes by employer in case-law of Czech courts
Suchá, Barbora ; Hůrka, Petr (advisor) ; Pichrt, Jan (referee)
Title: Organisational changes from the viewpoint of Czech courts case law The purpose of my thesis is to analyse the legal regulations, case law and publications regarding organisational changes. I have chosen this topic because it is often addressed by courts and still causes many problems to employers and employees, especially at this time of economic downturn. The reason for my research is to provide an overview on how to perform organisational changes in accordance with the Czech Labour Code and case law and to analyze, to what extent employers can find guidelines for reorganisation in the legal regulations and case law. The thesis is composed of an introduction, a main part with seven chapters and a conclusion. Each of the seven chapters deals with different aspects of organisational changes within an employer. Chapter One is introductory and defines basic terminology used in the thesis, addresses the function of organisational changes for an employer, development of relevant legal regulation and especially focuses on the categorisation of possible types of organisational changes. Chapter Two concentrates on individual organisational changes enabling the termination of employment according to relevant Czech legislation and case law. The chapter consists of four parts. Part One focuses on the...
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Social services and the role of non-governmental organizations in social security
Váňa, Marek ; Koldinská, Kristina (advisor) ; Hůrka, Petr (referee)
Social services are an important part of the system of social assistance. The object of social services is to help citizens in unfavourable social situations regarding their health, age, handicap or other serious grounds, if they can not solve their situation themselves. The services aim to maintain the highest possible quality and dignity for their clients. Social services provide meals, accommodation, assistance with bridging unfavourable social situations, care for people with a limited ability in the area of personal and home care, assistance with bringing up a children and also social counselling. The providing of social services was regulated by the social services act number 108/2006 Sb. This act shows actual trends that are similar in the whole Europe and brings a new approach to social services. Organization and control over this area of work belongs to the ministry of labour and social affairs in cooperation with regions and municipalities. This thesis focuses on the position of providers of social services after the adoption of the above social services act. The social services can be provided by for example organizations created by regional or local authorities, organisations such as citizen association, churches and citizens. The social services act put emphasis on the quality of social...
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Liability of an employer for damage
Valná, Zuzana ; Štefko, Martin (advisor) ; Hůrka, Petr (referee)
Resume This diploma work is geared to one of the distinguish part of the Employment law - The employer's liability for damage and its comparison with representative countries of European Union. At first place I've chosen for comparison the representative of anglo-american law system - Great Britain. Another state that I've selected for detailed matching is Slovakia which law system is based on the mutual basis of Czechoslovakia state. Other Member States of EU are touch on, except the Chapter about liability for industrial injury and professional diseases. In this chapter there is a view of more European states, with some glance into the countries outside EU and complete construction of damages this specific harms on health for their own importance. In constituent chapters I concentrate on categorization of the responsibility in Employment law as sub-category of Liability, its evolution with focus on the protective elements of employment legislation and on interpretation of this therm as one of the fundamental institute of law. The following chapters enumerate the types of liability which we can encounted in Employment Law and introduce their further explanation, the sense and separation to the various point of view, especially in accordance with types of injuries. The decision point of this diploma is...
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Business trip
Tichá, Kristýna ; Štefko, Martin (advisor) ; Hůrka, Petr (referee)
The main reason for the choice of the topic "business trip" and the focus of that particular sector of labour-law is, that most of us will actually enter an employment relationship one day. The concept of a business trip is well known by the public, yet the specific legal regulations of the conditions of sending employees for a business trip and providing travel cost reimbursement, contained in the Labour Code, are not known as well. The general concept of the business trip and its kinds (domestic and foreign business trip) and the closely related terms such as the place of work and regular place of work are the main concern of the first part of my thesis. The focus then shifts onto the conditions of sending employees for business trip, specifically onto the agreement with the employee and its historical development, duration of a business trip and other conditions like the start time and the end of a business trip or means of transport and accommodation. The thesis continues with the focus on the process of a business trip, describing work assignment, working hours and interruption of business trip, furthermore describes the instructions for a business trip with the orientation on the definition of the chief employee and the practice of the courts in this issue. Towards conclusion my thesis concerns travel...
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Agency work
Kořínková, Lenka ; Pichrt, Jan (advisor) ; Hůrka, Petr (referee)
Agency Employment This thesis is focused on Agency Employment in the Czech Republic. The aim of this paper is to analyze current legislation of this issue and to highlight its potential shortcomings. The thesis is divided into seven chapters. The First chapter focuses on general characteristics of agency employment. The essence of agency work is a tripartite legal relationship arising between the temporary agency, its employee and the user. Within this relationship temporary work agency assigns the employee to perform work for the user. The Second chapter discusses the sources of legislation on temporary agency work and is divided into two subchapters. In the subchapter entitled "International legal sources", the work deals with the ILO Private Employment Agencies Convention No. 181. The following subchapter entitled "The Community legislation on temporary agency work" is gradually focusing on three important directives of the European Communities - directive No. 91/383/EEC supplementing the measures to encourage improvements in the safety and health at work of workers with a fixed-duration employment relationship or a temporary employment relationship; directive No. 96/71/EC on the posting of workers in the framework of the provision of services; and directive No. 2008/104/EC on temporary agency...
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