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Comparison of legal regulation of sickness insurance in case of sickness in the Czech Republic and the Republic of Bulgaria
Černý, Jiří ; Zemanová, Jana (advisor) ; Štefko, Martin (referee)
The aim of this diploma thesis "Comparison of legal regulation of sickness insurance in case of sickness in the Czech Republic and the Republic of Bulgaria" is to provide a clear and systematic description of social benefits provided to employees nad self-insured persons in case of general sickness in the Czech Republic and the Republic of Bulgaria, to compare some mechanisms of financial security of insured persons and to recommend some changes to be made in Czech legislation. The thesis is composed of three parts. Each part consists of some chapters. The first part of this work is focused on Czech legal regulation, the second one on Bulgarian legislation and the third part is comparative. The first and the second parts of this diploma thesis are subdivided into for chapters. Chapters one of the first and the second part of the thesis are introductory and define basic terminology used in this thesis, such as general sickness, social events, temporary incapacity to work. Chapters two deal with social security systém and sickenss insurance in both countries. Chapters three describe short-term events caused by sickness - temporary disability to work and quarantine. The last short-term event is different in both countris. Czech law deals with caring of a member of home. This short-term social event....
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Employee liability for property damage and harm to a person
Dařílková, Linda ; Drápal, Ljubomír (advisor) ; Štefko, Martin (referee)
Name of the thesis: Employee Liability for Property Damage and Harm To a Person The aim of this thesis is to analyze employee's liability for damage in a broader historical context, extending also to the theory of law, to distinguish the specifics of labour law liability from the civil law liability and to define the prerequisites for the emergence of different types of employee's liability for damages and to elaborate on them in detail, especially through scientific literature and case law. In the first chapter, I describe labour law in brief historical context relevant for the topic, with reference to key changes in the development of labour law legislation. In accordance with aforementioned, in chapter two I then focus on the theory of liability, namely liability for damage, and then in chapter three I analyze in detail the liability for damage as regulated in the Act No. 262/2006 Coll., Labour Code. Chapter four strives to outline the functions of liability for damage in employment relationships and defines the prevention of damage. Chapter five then enumerates the prerequisites for arising of the employee's liability for damage and also focuses on definition of related legal terms. Chapter six analyzes different types of employee's liability for damage: General liability, liability for...
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Equal Treatment and Discrimination in Labor-Law Relationships
Aldorf, Lukáš ; Pichrt, Jan (referee) ; Štefko, Martin (referee)
of the rigorosum thesis "Equal Treatment and Discrimination in Labor-Law Relationships" The aim of this thesis is to ascertain how effective the anti-discrimination law in labor-law relationships on the level of international, EU, and Czech national law is. Next, if needed and based on the findings also to propose effective and just changes of law or an adoption of extralegal measures. The structure of the thesis corresponds to its aims. In the first chapter, basic terms used in the anti- discrimination law area are defined. In the second chapter, I introduce the (for me) most compelling conception of moral justification of the prohibition of discrimination in any normative system. The third chapter describes, analyzes and partly also criticizes the valid law on the above mentioned three levels of law (international, EU, Czech). In the fourth chapter, I mention methods by the use of which one can estimate the extent of discrimination in certain area. The fifth chapter enumerates typical causes of or motivation behind discriminatory treatment, which are in particular prejudice and conformity. In the last chapter, I propose certain changes of the complaint mechanism and adoption of reasonable accommodation and soft quotas mechanisms. Last but not least, I stress the importance of education of all...
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The Legal Regulation of the Termination of the Labour Relationship
Cziviš, Marek ; Vysokajová, Margerita (advisor) ; Štefko, Martin (referee)
in English My aim was to describe the way of termination of the labour relationship according to the valid legal regulation, to compare the Czech legal provisions concerning the termination of the labour relationship with the Slovak provisions and also with the other legal systems of some other member countries of the European Union. I am also willing to describe the relationship of the newly adopted Civil Code and already existing Labour Code and to mention some thoughts concerning the future development of the termination of the labour relationship.
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The comparation of the health public systems in the Czech republic and Austria
Šturcová, Michaela ; Štefko, Martin (advisor) ; Morávek, Jakub (referee)
Die beiden Systemen wurden auf die ähnliche Tradition gegründet. Diese Tradition hat seine Wurzeln in Österreich-Ungarn, die bis 1918 in der gleichen Zwischenraum ausgesetzt wurden. Ein weiterer Zusammenhang ist die geographische Beziehung. Die Gesetztformen in der beiden Staaten sind unterschiedlich. In der Tschechische Republik gibt es viele Sozialversicherungsgesetze, in den der jede Typ des Versichertes geregelt ist. In Österreich gibt es für den jeden Type des Versichertes ein Sozialversicherungsgesetz. Die beiden Systemen sind die gesetzlichen öffentlichen Krankenversicherungen. Das tschechische System ist postkommunisch und Österreich ist der korporatische konservative Sozialstaat. Es gibt die Umverteilung in den beiden Systemen, aber in Österreich hat ein Unterschied, weil auch die Umverteilung in der Anstaltspflege enthält. Die vergleichende Systeme der gesetzlichen Krankenversicherungen haben die gemeinsame ethische Grundsätze, die aber in Österreich mehr in den Gesetze geregelt werden. Dieser Fakt macht den Rahmen des Systemes der Krankenversicherung, das viel auf die Patienten sich konzetriert wird. Der Patient hat ein Recht auf aktive Beteiligung in diesem System und auch in der Behandlung. Ein großes Unterschied ist die Verfassungsschutz der Rechte im beiden Staaten. In Tschechien gibt es die...
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Personal data protection in labour-law relationschips
Valachová, Tereza ; Morávek, Jakub (advisor) ; Štefko, Martin (referee)
The submitted thesis deals with personal data protection in the context of labour-law relationships. This is an actual and discussed issue in current society, which has constitutional aspects as well. Due to the extensiveness of the topic, the aim of this thesis is not giving a comprehensive explanation of the personal data protection in labour-law relationships area. My effort is to perform the reader with this issue from the general introduction including a survey of the legislation and explanation of main concepts to outlining the fundamental principles of the legislation and focusing more thoroughly on the several selected questions. The thesis itself is divided into four chapters. In my thesis I am trying to point out to the most important court decisions and also the opinions of The Office for Personal Data Protection and The Article 29 Working Party. In the first chapter I deal with the concept of privacy, because I consider it to be a "foundation stone" of the whole issue of personal data protection. This chapter demonstrates how the concept of privacy has developed in the course of time, in the next chapter the legislation of privacy protection and, as well, a conflict with other values are pointed out. In the second chapter I focus on the legislation of privacy and personal data...
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Selected aspects of the International Labour Organisation activities in the historical context
Šebesta, Mariana ; Štefko, Martin (advisor) ; Vysokajová, Margerita (referee)
The subject of this rigorous thesis is the elaboration on the activities of the International Labor Organisation (ILO) in the context of its historical development. In recent times, the ILO has profiled as the specialised institution of the UN with the aim to promote the internationally accepted human and labor rights and social justice. Due to a unique tri-partite structure (consisting of representatives of employees, employers and governments in its bodies) the ILO has contributed not only to the creation of international labor law, but especially influenced domestic labor laws of all its member states including the Czech Republic. The reason for chosing this topic was my interest in international labor law aspects during my studies at the Law faculty of the Passau university. The ILO conventions are main sources of international labor law which are approved by its superior body - International Labor Conference and then ratified by member states. The ILO conventions have mostly contributed to the support of social justice and internationally accepted human and labor rights. The results of legislative activities are demonstrated in my thesis especially by a detailed analysis of eight most important conventions which are referred to as the Core Labor Standards. The Czech Republic ratified all...
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Protection of employees in a situation of transfer of employer under the European Union law
Klímová, Hedvika ; Hůrka, Petr (advisor) ; Štefko, Martin (referee)
This thesis focuses on the rules governing the protection of workers in case of transfer of employer in the European Union law and in the Czech law. The aim of this thesis is to analyze the implementation of the Directive 2001/23/EC into the Czech legal order. The thesis consists of three chapters. The first chapter briefly describes the origin and evolution of the European Union, EU institutions, competence of the Court of Justice of the European Union, sources of the European Union law and the principles governing the relationship between the EU law and national legal order. It also describes the main features of the employment relationship. The second chapter focuses on the legal rules governing the protection of workers in case of transfer of the employer at the European Union level. The first subchapter explains the historical development of the legislation, Directive 77/187/EEC and its amendment (Directive 98/50/EC). The second subchapter defines the personal, territorial and temporal scope of the Directive 2001/23/EC. The third subchapter focuses on the interpretation of the criteria of the subject-matter of the Directive 2001/23/EC conducted by the Court of Justice of the European Union. The fourth subchapter describes the pillars of the protection of employees in case of transfer of the...
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Employment of the elderly
Junová, Lia ; Morávek, Jakub (advisor) ; Štefko, Martin (referee)
1 Employment of the elderly This paper focuses on employment of older people. The issue is tackled in the light of the international documents of the United Nations, the Council of Europe and the European Union. In the following sections the paper analyses French and Czech policies and compares their approach. There are major differences between these two countries in terms of social systems as well as lifestyle of the population. However, France deals with ageing of its population longer than the Czech Republic, therefore its approach may offer an inspiration. The employee representatives traditionally play an important role in France. They also influence the state policy on employment of older people on the basis of the tripartite agreements from 2005 and 2013 respectively. Several action plans on ageing were issued in the Czech Republic. However, there seems to be a lack of political will to introduce proper legislation. The programmes reflect the international documents and recommendations but they are just declarations. On the other hand, the ideas of French agreements are really put in practise. Nevertheless, the French approach cannot be considered a coherent policy of employment of older people. It is rather a set of measures which originated from concessions of the subjects on the labour market The...
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Protection of employee in the event of transfer of employer
Doležalová, Zuzana ; Hůrka, Petr (advisor) ; Štefko, Martin (referee)
The thesis deals with the topic of transfer of rights and obligations arising from employment relationship. On the European level this institute is governed by Council Directive 2001/23/EC on the approximation of the laws of the Member States relating to the safeguarding of employees' rights in the event of transfers of undertakings, businesses or parts of undertakings or businesses. On the domestic level, the regulation can be found in the Labour Code in Chapter XV, Part Thirteen in § 338 et seq. The thesis concerns with both regulations and examines the implementation of the Directive into Czech law. It also compares the approach of CJEU and Supreme Court of Czech republic to this issue. The topic is at first briefly introduced in the introduction. The second chapter clarifies the basic terms. Core of the thesis is the third and in the fourth chapter. Big part of the thesis is devoted to defining the scope of the regulation, that means the determination of cases, when it is aplicable. The first part of the third chapter describes the regulation of the directive and the development and current view on this issue of CJEU. The directive applies in cases of transfer of an economic entity which retains its identity. The second part of the third chapter is devoted to its equivalent in the Czech law. The Labour...
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