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Employee care in the Czech Republic and Slovakia
Krupa, David ; Štefko, Martin (advisor) ; Bělina, Miroslav (referee)
The theme of this thesis is employee care in the Czech Republic and Slovakia. Working conditions of employees are essential for their efficiency. Because of that, a proper setting of employee care is a crucial task for employers, moreover considering the current difficult situation in the labor market. The aim of the thesis is to inform readers about the concept of employee care, and to introduce them to the basic legislation in the Czech Republic and Slovakia. The content is divided into six chapters. The first chapter is focused on analyses of the term employee care. It can be rather difficult to define this term, thus I offer wider variety of possible views on the issue. I also include a part about a classification of the employee care into categories. The second chapter of the thesis offers a historical excursion into the issue of employee care. This covers the period starting in the 14th century and leading up to the present days. In the first part of the chapter, I consider employee care in its broader sense. As the time went and the concept of employee care developed, I focus on narrower sense of the term, as is being used in these days. In the third chapter, an international law concerning employee care is covered. It is structured based on the relevant international organizations, namely...
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Personal data protection in labour law relationship
Morávek, Jakub ; Bělina, Miroslav (advisor) ; Pichrt, Jan (referee) ; Brádlerová, Libuše (referee)
PERSONAL DATA PROTECTION IN LABOUR LAW RELATIONSHIP JUDr. Jakub Morávek The thesis is concerned with personnel data protection in connection with labour-law relationships. Personnel data protection issue is approached completely here and explanation of it is organically interconnected with cases of its use in labour-law relationships. Factually the thesis is output of grant-aided project GAUK No. 121009 "Personnel data protection in labour-law relationships" researcher of which the author was in the years 2009 - 2012. By no chance the name of above mentioned grant-aided project is identical with the name of the thesis. From the very beginning of the research of the project a monograph dealing with personnel data protection in the context of labour-law relationships, or more precisely thesis dealing with this topic that would be published, was planned as its output. Within four years of intense engagement in personnel data protection in labour-law relationships, in three of which the author worked on above mentioned project, almost thirty articles and papers in professional periodicals and collections,monograph anda rigorous thesis focused on personnel data protection in the process of employment relationship commencement, monograph focused on personnel data protection in the process of personnel...
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The status and activity of trade unions in labour relations
Steinerová, Zuzana ; Bělina, Miroslav (advisor) ; Tröster, Petr (referee) ; Bognárová, Věra (referee)
This dissertation is presented within the doctoral study on the Charles University in Prague, Faculty of Law. The presented dissertation addresses the issue of the status and activity of trade unions in labour relations. The dissertation deals with the conditions for legal foundation and creation of trade unions, the conditions for their operation at an employer, their organisational structure, the conditions for the dissolution and disbanding of trade unions. The dissertation is also devoted on the questions of plurality of trade unions, as well as the questions of jurisdiction and powers of trade unions in labour relations, focusing on the right of collective bargaining and the right to conclude collective agreements. The dissertation also deals with the collective labour disputes and the various methods of their resolving, focusing on the right to strike as an extreme means for resolving a collective dispute. The presented dissertation also deals with certain issues related to the status of members of trade union bodies (union officials), with the status of labour organisations in the period from the founding of an independent Czechoslovak state in 1918 up until 1989 and an outline of developments in the trade union movement after 1989 and also looks into the right to strike in selected countries of the...
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Transfer of undertaking and collective dismissals in a European perspective
Randlová, Nataša ; Bělina, Miroslav (advisor) ; Hůrka, Petr (referee) ; Bognárová, Věra (referee)
In her PhD thesis, the author deals with the legal regulation of transfer of undertaking (and the passage of the employees' rights and obligations it involves) and the frequent collective redundancy related to such transfers. Both sets of provisions dealing with these topics are embodied in the Czech Labour Code and are harmonised with the EU directives pertaining to these fields, specifically Council Directive 2001/23/EC of 12 March 2001 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 (originally, Council Directive 77/187/EEC of 14 February 1977 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 businesses) and Council Directive 98/59/EC of 20 July 1998 on the approximation of the laws of the Member States relating to collective redundancies. The two directives mentioned above were already transposed to the Czech Labour Code in 2001 by means of an amendment adopted under No. 155/2001 Coll. As regards the rules governing collective redundancies, it can be stated, in substance, that the original regulation of 2001 remained unchanged and...
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The Analysis of the Pension Systems and Pension Reforms and their Possible Applications in the CR
Hrdý, Milan ; Štefko, Martin (advisor) ; Bělina, Miroslav (referee)
The submitted thesis deals with the analysis of pension systems with possible application of acquired knowledge on the conditions of the Czech Republic. Theoretically, the work is based on analysis of pension insurance and pension systems, as well as on the analysis of possible ways of implementation of pension reforms. From a practical point of view pension systems and reforms in selected countries are analyzed. These theoretical and practical bases are subsequently used for a comprehensive analysis of the pension system in the Czech Republic, including an analysis yet undertaken pension reforms. The knowledge gained is then synthesized into the appropriate conclusions and some concrete suggestions are made for specific adjustments to the system in the future. The pension system in the Czech Republic is a modern pension scheme which includes elements of solidarity and merit and excluding state pay system enables the system of additional forms of security under the third pillar of the pension system. Problems occur in conformity political representation on systemic changes in the pension system which had a negative impact in the initial implementation and subsequent cancellation of the second pension pillar. For the future, it is recommended primarily to use the Pan-European pension system with the...
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Notice of termination of employment in selected EU member states
Tichý, Ondřej ; Bělina, Miroslav (advisor) ; Morávek, Jakub (referee)
Notice of termination of employment in selected EU member states The diploma thesis analyses the legal regulation of notice of termination from employer's side in the Czech Republic and its comparison with Austrian and German legal regulation of the same institute. Thanks to the comparison it will be possible to reach the aim of the thesis which is to find out how social is the Czech attitude regarding this topic and to discover all the possible differences and similarities among all the three legal regulations. The first chapter serves as an introduction to the particular national labour legal provisions including the development and describes the main sources of law concerning the labour law. The pivotal chapter concentrates on individual reasons for dismissal under section 52 of the Czech Labour Code to which the thesis searches for the same or similar legal regulation within the other two legal systems. This chapter is divided into the subchapters as every of them focuses on one group of reasons for dismissal. At the end of each subchapter examples from Austria and Germany are given which prove differences and similarities among the three legal systems. This logic of subchapter arrangement enables easier understanding of individual reasons for dismissal and their examples in all the three...
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Workplace Injury
Sembol, Jakub ; Drápal, Ljubomír (advisor) ; Bělina, Miroslav (referee)
66 Summary The topic of my work is workplace injury. The goal of this work is comparison of two main approaches to this topic that have been discussed over the past years, namely - the employer`s responsibility versus accidental insurance of employees. The first one mentioned is effective in Czech republic and the second was meant to be effective from 1st January 2008 but it was postponed three times (last time to 1st January 2015) and it is now considered to be canceled. The goal is to understand why and to determine which of the systems better suits the purposes of a workplace injury regulation in Czech Republic. At the beginning I start with a brief historical background (from the year 1989) of the regulation for better understanding of the need for new legislation. Next I am going to achieve the goal of this work by describing the first system by detailed analysis of the effective regulation - explaining terms such as liability, workplace injury, exemptions from liability, types of compensation and also present few a court decisions on the matter. Then I am going to describe the second system by explaining the differences that the accidental insurance of employees act (266/2006 Coll.) would bring if it ever becomes effective. For a more detailed description I would also present the regulation of a...
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Immediate Termination of an Employment Relationship
Sedláček, Jiří ; Bělina, Miroslav (advisor) ; Drápal, Ljubomír (referee)
The thesis covers the matter of immediate termination of an employment relationship as the one way of finishing the employment in the legal system of the Czech Republic. It presents the conditions for its validity and compares the reasons for those the employer and employee can immediately terminate their employment relationship. It also covers the theme of nullity of termination of an employment relationship by immediate dismissal or resignation, outlines the steps leading to its nullity and defines all the claims coming out from its nullity. Finally, it compares the immediate termination of an employment relationship as the way of termination the agreements on work performed outside an employment relationship.
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Non-competition Clause
Kopsová, Adéla ; Drápal, Ljubomír (advisor) ; Bělina, Miroslav (referee)
The aim of the thesis is to be a comprehensive analysis of the non-competition clause in Czech Labour law. The reason for my research is to examine the non-competition clause, compare and contrast its advantages and disadvantages and to make a conclusion, whether the current legislation meets the requirements of both contracting parties. The thesis is composed of four chapters, each of them dealing with different aspects of non-competition clause, its history and its current problems. Chapter One is introductory and describes the competition in general and in Labour law. The chapter is subdivided into two parts. Part One describes the difference between the competition during the employment relationship and after termination of the employment. Part Two describes the basic terminology and the current state of a non-competition clause. Chapter Two focuses on the history of the non-competition clause in our legislation and illustrates the evolution of such institute. This chapter is subdivided into three parts. Each of them focuses on a specific historical period in the evolution of the non-competition clause. Chapter Three examines non-competition clause in the recent legislative history and comprises of four parts. Part One contains the wording of a non-competition clause in the Labour law legislation...
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Liability of the employee for damage
Blažek, Vojtěch ; Bělina, Miroslav (advisor) ; Štefko, Martin (referee)
The thesis deals with institution of liability of the employee for damage caused to employer. I proceed from the theoretical groundings, over the characteristic of labour-law liability to the analysis of the types of employee's liability for damage. Legal regulation is contained in Act No. 262/2006 Coll., the Labour code, as later amended. The Labour code recognizes general type of liability and three special types of liability - employee's liability for failure to fullfill his duty to prevent rise of damage, liability for the deficit on the values entrusted to the employee and finally liability of the employee for the loss of items entrusted to him. The thesis uses relevant judicial decisions. Considerations on the future amendments aren't neglected.
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