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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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A Job Seeker and the Labour Office of the Czech Republic
Doušová, Jana ; Pichrt, Jan (advisor) ; Brádlerová, Libuše (referee) ; Štefko, Martin (referee)
A Job Seeker and the Labour Office of the Czech Republic Abstract The PhD thesis focuses primarily on the legal regulation of the Employment Act affecting the issue of job seekers within the activities of the Labour office, especially in the process of employment intermediation and in receiving unemployment benefits. The introductory theoretical interpretation of the fundamental social right guaranteed by the Charter of Fundamental Rights and Freedoms, i.e. the right to work, is followed by a treatise on unemployment and its development. A compact overview of this issue is given by a summary of the concept of employment policy in the Czech Republic and within the European Union and its state management within the Czech Republic. The main part of the thesis presents an analysis of individual provisions of the Employment Act from the practical point of view of the job seeker. It defines his rights and obligations starting by submitting an application for mediation of suitable employment to the Labor office register. These are discussed in detail in relation to the main instruments that the job seeker may encounter during registration, such as "appropriate employment", "serious reasons", "temporary incapacity to work", "non- conflicting employment", "illegal work", etc. The thesis contains a detailed analysis...
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The Role and Activities of Employee Representatives in LabourRelations
Průšová, Aneta ; Pichrt, Jan (advisor) ; Vysokajová, Margerita (referee) ; Matejka, Ján (referee)
Dissertation: The Role and Activities of Employee Representatives in Labour Relations Author: Mgr. Aneta Průšová The subject matter of this dissertation is the analysis of the role and activities of individual employee representatives in labour relations according to the Czech legal order. The first aim of the dissertation is to find out and identify the similarities and differences between employee representatives with regard to their legal status under Czech labour law. The second aim of the dissertation is then to analyse the mutual interaction between employee representatives carrying out the activities at the same employer, including the scope of tasks that employee representatives can perform in promoting and protecting the economic and social interests of employees. The results of the research mentioned above, are used to verify the fundamental hypothesis of the dissertation that trade unions have a privileged position among other employee representatives. The dissertation also describes the causes and consequences of the given position of trade unions and compares the position of trade unions with the position of other employee representatives. Regarding the structure, the dissertation is divided into six chapters. The first chapter defines the term "employee representatives" and the...
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Protective function of labour law in the case law orf Czech courts
Vopelka, Adam ; Pichrt, Jan (advisor) ; Tomšej, Jakub (referee)
The title of the thesis: Protective function of labour law in the case law of Czech courts Abstract: This thesis focuses on the protective function of labour law in the case law of Czech courts. The protective function of labour law is one of its essential functions and has a close relation to employee protection as the weaker party of employment relationships. Courts as public authorities and decisions-making bodies significantly affect the final form of the protective function, while providing protection to the rights of employees. Considering the fact that the protective function is immanent to labour law and the case law of Czech courts further develops, in my opinion, this thesis deals with a topical and evolving issue. The content of this thesis is divided into four chapters. The first chapter describes the meaning of protective function in labour law, its role as a fundamental principle of employment relationships, and legal consequences related to it. Its part is also the brief explanation of the concept of "flexicurity". The second, third and fourth chapter deal with three fields of labour law, in which the protective function is significantly reflected. These fields are remuneration, employee protection against dismissal and working conditions including OSH. In each of these chapters...
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Comparative Analysis of Employment Status under the Laws of England and Wales and under the Laws of the Czech Republic
Cowell, Barbora ; Pichrt, Jan (advisor) ; Morávek, Jakub (referee) ; Matejka, Ján (referee)
1 Comparative Analysis of Employment Status under the Laws of England and Wales and under the Laws of the Czech Republic Mgr. Barbora Cowell Abstract In this dissertation, the author performs the comparative analysis of the laws of England and Wales and the laws of the Czech Republic governing different types of employment status and rights/obligations associated with each type. The author aims to answer the following research question: In what ways could the Czech legal system draw inspiration from the laws of England and Wales governing different types of employment status and rights/obligations associated with each type? The first part of the dissertation summarises recent developments in England and Wales impacting the current as well as future legal rules in this area. The second part deals with the basic categorisation of different types of employment status in both legal systems. The third part analyses the fundamental duties of employees/workers and employers in both legal systems. The fourth part focuses on a selection of rights granted to workers by English employment law and English social security law and compares them to the corresponding rights set out by Czech employment legislation. The fifth part analyses a selection of rights granted to employees by English employment law and compares them...
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Trade union plurality at an employer
Kalina, Vojtěch ; Tomšej, Jakub (advisor) ; Pichrt, Jan (referee)
Trade union plurality at an employer Abstract In this thesis I deal with the issue of trade union plurality at an employer. In the thesis I describe the role of trade unions and the development of the legal regulation of their plurality. In doing so, I analyse the conclusions of the Constitutional Court expressed in the ruling Pl. ÚS 83/06 and its implications for current and possible future legislation. I also describe the problematic aspects of the current legislation in this area. These problems concern both the representation of non-unionised employees in individual matters and, in particular, collective bargaining. The aim of the thesis was to try to suggest possible options for solving the current unsatisfactory state of the legislation. The thesis analyses three basic options for dealing with trade union plurality in the context of collective bargaining. These are the introduction of the majority principle in some form, the involvement of employees by way of voting, and allowing for the existence of multiple collective agreements at a single employer. Changing the conditions for starting of functioning of a trade union at an employer is mentioned as an additional option. Finally, I discuss the possibility of addressing problematic aspects in the context of a situation where a trade union is to...
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Employment law in times of coronavirus pandemic
Burdová, Tereza ; Pichrt, Jan (advisor) ; Tomšej, Jakub (referee)
Employment law in times of coronavirus pandemic Abstract This thesis on employment law in the coronavirus pandemic focuses on the impact of the pandemic on Czech legislation, presents the author's own view on the issue and offers a comparative view of the legislation of the Slovak Republic, the Federal Republic of Germany and the United Kingdom of Great Britain and Northern Ireland. This thesis takes into account the legal situation from 1 March 2020 to 31 December 2022 and is divided into six chapters. After a general introduction defining basic concepts and briefly summarising the employment legislation of the selected countries, the individual chapters follow and address important employment law topics in the context of the coronavirus pandemic. The second chapter focuses on impediments to work, assessing the various impediments to work related to the coronavirus pandemic on the part of both the employee and the employer, followed by contribution during periods of partial unemployment. The third chapter focuses on the ordering of annual leave as one of the options to deal with a crisis and examines the impact of the pandemic on the regulation of annual leave. Another theme is home working, as the coronavirus pandemic has triggered the rise of various forms of flexible working, with the need to reconcile...
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The impact of the coronavirus pandemie on labour relations
Nouzáková, Sandra ; Pichrt, Jan (advisor) ; Tomšej, Jakub (referee)
Vliv pandemie koronaviru na pracovněprávní vztahy Abstrakt Diplomová práce se zabývá vlivem pandemie koronaviru na pracovněprávní vztahy. Cílem práce je zaměřit se na právní instituty, které se ocitly v centru zájmu v souvislosti s příchodem pandemie a posoudit, zda právní úprava byla dostatečná a jaký dopad měla na adresáty právních norem. Diplomová práce je rozdělena do sedmi kapitol. První kapitola je zaměřena na překážky v práci praktikované na situace, které vyvstaly s příchodem pandemie. Tato kapitola klade důraz na otázku, kdo nese, popř. by měl nést náklady za negativní dopady způsobené pandemií. Druhá, třetí a čtvrtá kapitola se věnují jednotlivým subjektům a míře, jakou byly dotčeny pandemií Covidu-19. Druhá kapitola se zaměřuje na zaměstnance pracující distančně a možné potíže, které jsou s prací mimo pracoviště zaměstnavatele spojené. Třetí kapitola se zabývá právním postavením povolaných studentů, kterým byla za nouzového stavu nařízena pracovní povinnost a vhodností využití tohoto institutu. Předmětem kapitoly čtvrté jsou pak zaměstnavatelé a jejich nárok na státní pomoc. Pátá, šestá a poslední sedmá kapitola mají základ v bezpečnosti a ochraně zdraví na pracovišti a zabývají se aktuálními otázkami spojenými s pandemií a taktéž s jejími možnými následky. Kapitola pátá poskytuje základní...
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Temporary agency employment
Zůbek, Jan ; Pichrt, Jan (advisor) ; Morávek, Jakub (referee)
Title of the thesis: Temporary agency employment Abstract The topic of this diploma thesis is temporary agency employment. Temporary agency employment is a type of employment intermediation realized with the cooperation of three entities - the employment agency, the user undertaking and the temporary agency worker. Based on this institute of labour law, temporary agency workers may be assigned to user undertakings to work there temporarily. Temporary agency employment is a popular way of recruiting a labour force, as it provides the possibility to respond relatively quickly and effectively to the need to increase or decrease the number of employees. This work aims to summarise the essential characteristics of temporary agency employment and to point out some problematic aspects of the Czech legislation related to temporary agency employment. The text of this thesis is divided into six chapters. The first chapter deals with employment intermediation and its individual forms. One of these forms is a temporary agency employment, to which the rest of the chapters are devoted. The second chapter is dedicated to the temporary agency employment definition and the characteristics of this institute in terms of its basic attributes: atypicality, flexibility, and precariousness. This chapter also compares temporary...
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