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The position of the employee in the changing world of dependent work
Tkadlec, Matěj ; Morávek, Jakub (advisor) ; Tomšej, Jakub (referee) ; Šimečková, Eva (referee)
THE POSITION OF THE EMPLOYEE IN THE CHANGING WORLD OF DEPENDENT WORK ABSTRACT This dissertation theses focuses on the issue of dependent work with regard to the phenomenon of the so-called sharing economy or platform economy. In its first part, I therefore discuss in detail what is actually meant by dependent work, what has been its historical development in our territory, and how its individual definitional features are interpreted, as defined in Section 2(1) of the Labor Code, as well as other features imported by case law, which are the consistency of work and its performance for remuneration. I conclude that the definition of dependent work as it is currently written in the Labor Code may in many cases erode the labor market rather than preserve legal certainty. The reason for this is that, particularly in the 21st century, the labor market is undergoing significant changes which, among other things, have resulted in new expectations, attitudes and requirements for mutual contractual relations on the part of both employers and employees. Strictly speaking, the definition of dependent work still corresponds to so-called factory work, but it is very skeletal when applied to more modern and flexible forms of employment such as those found in the IT sector or the sharing economy. For this reason, in the...
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Personal data protection under the GDPR with focus on employment relationship and biometrics
Tkadlec, Matěj ; Morávek, Jakub (advisor) ; Koldinská, Kristina (referee)
PERSONAL DATA PROTECTION UNDER THE GDPR WITH FOCUS ON EMPLOYMENT RELATIONSHIP AND BIOMETRICS ABSTRACT This thesis focuses on the very complex and legally complicated issue of personal data protection in the period since the GDPR Directive came into force, i.e. from May 2018 onwards. The adoption of this data protection regulation can certainly be described as one of the most pivotal moments in the history of European legislation, as there has never before been a unifying regulation so extensive that it forced all Member States to regulate such a peculiar area in exactly the same way. For this reason alone, both before and after the GDPR came into force, the topic of data protection has been the subject of numerous debates, as the regulation in question has brought about many significant changes that were previously unprecedented in the field of data protection. The purpose of this work was not to comprehensively discuss all these new institutes, rights and obligations and other parameters of the GDPR, but to describe only the most important ones in detail and then to focus on their specifics in employment relations, with a focus on biometrics. For this reason, the second part of the thesis first focuses on the situations in which an employer is obliged to process the personal data of its employees or...
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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...
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