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Employee's claims in the case of work accidents or occupational diseases
Špačková, Hana ; Drápal, Ljubomír (advisor) ; Morávek, Jakub (referee)
The topic of this thesis is employee's claims in the case of work accidents or occupational diseases, because the assessment and determination of damages is still an actual issue. The first part of the thesis deals with theoretical introduction and definition of terms which are material for the whole thesis. The first part defines the liability in labour law, the liability of employee and employer, work accidents and occupational diseases and mainly the employer's liability for damages and non-material damage caused by work accidents or occupational diseases to employees. The next chapter focuses on insurance which is obligatory for all employers who employ at least one employee. This insurance is important in case of the employer becomes liable for damage or non-material damage caused by work accidents or occupational diseases. The insurance is important especially for small and medium-sized employers for whom the compensation could be liquidating and could lead to the termination of their activities. The most importatnt chapter of the thesis is the chapter concerning individual types of employee's claims for damages or non-material damage which arise from work accident or occupational disease, or claims of survivors of employee in case of employee's death, and their assessment. The most...
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Employment disputes and labor disputes
Kalhousová, Viktorie ; Pichrt, Jan (advisor) ; Drápal, Ljubomír (referee)
This diploma thesis deals with two types of disputes under the Czech employment law - the employment disputes and the labor disputes. The main reason for choosing this topic of the thesis was partly due to author's personal experience with the employment dispute, the extensive judicial case law as well as some aspects of the solution of employment disputes before the court - especially the length of proceedings and the decreasing number of cases brought before the court. The first chapter of this thesis relates to procedural aspects of the employment disputes and the author analyzes the main differences between "ordinary" civil proceedings and the employment disputes proceedings. The basic difference is the appointment of the court in the employment disputes, especially the assessors, and the decision-making process of the panel of judges. The main focus of this thesis is a chapter dealing with the employment disputes about the invalidity of the termination of employment, especially focusing on the substantive legislation of each of the methods of the termination of employment and the basic conclusions from the case law of the general courts. Following the main chapter are also solved questions about employment disputes regarding the amount due of the wage and also the issue of disputes concerning...
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Grounds for termination of employment
Plch, Marek ; Drápal, Ljubomír (advisor) ; Štefko, Martin (referee)
This thesis deals with the issue of grounds for notice of termination of employment. It also analyses institutes that are closely related to this issue, like termination of employment in general, notice of termination and its requisites, protective periods, or employer's obligations that arise from notice of termination in certain cases. When evaluating and assessing the legislation it's necessary to keep in mind two legal principles, the principle of flexibility and the principle of protection of the weaker party (the employee). In the legislation of termination of employment and in labour law in general these two principles clash. One of the specifics of labour law is relatively rigid and enforced legislation that tries to equalize the inequalities in the employment relationship between employee and employer by, among other things, tying the possibility of the employer to terminate employee's employment on fulfilling particular material requirements. In practice, this legislation can be perceived as excessively restrictive. In particular, the thesis focuses more closely on these material requirements that need to be fulfilled in order for the employer to be able to terminate the employee's employment. The grounds for notice of termination themselves are defined exhaustively in the Labour Code and we can...
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The concurrence of employment with function of the statutory body in the business corporation
Wejmelka, Radek ; Pichrt, Jan (advisor) ; Drápal, Ljubomír (referee)
72 SUMMARY The concurrence of employment with function of the statutory body was many times resolved in the practice and the judicature but almost after 25 years of judicature development there is no united view, whether the concurrence of employment with function of the statutory body is permissible under the Czech law or not. The main purpose of this thesis is to submit an analysis of this legal problematics in terms of commercial and labour law with overlaps into social security law and tax law with summary of the relevant judicature. The first chapter of this thesis is focused on the general definition of legal entities and natural persons. The second chapter follows up the performance of function of the statutory body in terms of commercial law particularly regarding the conditions and the rights and obligations of member of the statutory body. The third chapter mainly focuses on the employment in terms of labour law and on comparisons of the labour law and commercial law legal relationship. The fourth chapter provides an overview of historical development of the judicature regarding possible solutions found in judicature of High Court in Prague and Supreme Court of the Czech Republic and the arguments for and against the admissibility of concurrence of employment and function of the statutory body in...
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Invalid termination of the employment relationship by the employer
Čížková, Dana ; Drápal, Ljubomír (advisor) ; Morávek, Jakub (referee)
English Abstract Invalid termination of the employment relationship by the employer The topic of this thesis is the invalid termination of an employment relationship by the employer. The aim of the thesis is to conduct a comprehensive analysis of this point in labor law within the context of Act No. 89/2012 Coll., the Civil Code, which plays a major role in this issue as it pertains to subsidiary use in labor law. The Civil Code has brought a new understanding of legal defects of juridical acts that makes the juridical act either invalid or putative. It is just the putative juridical act that is a new institute implemented by the Civil Code. The relationship of the Labor Code to the Civil Code, including a historical excursion, is explained in the first part of the thesis. Furthermore, the thesis deals not only with the definition of the concepts of invalid and putative juridical acts in the context of labor law, but also with the development of these institutes in labor law. The main part of the thesis is devoted to the description and analysis of the individual cases of invalid or putative termination of an employment relationship by the employer, both on a general level and in specific cases using extensive case law. The thesis also deals with the individual consequences of invalid termination of the...
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Compensation for Occupational Accidents and Deseases
Kubínová, Petra ; Drápal, Ljubomír (advisor) ; Morávek, Jakub (referee)
English abstract Compensation for Occupational Accidents and Diseases The aim of this thesis is to give a comprehensive view of problematics related to occupational accidents and occupational diseases with attention to the types of compensation of injury and their comparation with legislation of compensation of accidents in civil law. According to author's opinion a deference between legislation of compensation of injury in civil law and in labour law can have a big influence on a victim status. Because of that the author of this work suggest to harmonize legislation of compensation of injury for all cases. The text is structured into chapters and subchapters. In this thesis author defines the basic concepts as occupational accidents, occupational diseases, duties of employers and employees in connection with an accident at work or occupational disease, employer's liability for damage and system of employer's liability insurance for damage. A large part of this work is also paid to the system of work injury insurance, which was to be run through the Czech Social Security Administration in the form of provision of social benefits to employees injured by work injury or occupational disease. Besides that the main attention is paid to forms of compensation for injured employees or in the event of employee death...
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Transfer of undertakings in selected EU member states
Bezděková, Barbora ; Drápal, Ljubomír (advisor) ; Morávek, Jakub (referee)
The topic of the doctoral thesis is the regulation of passage of rights and obligations under employment relationship, i.e. the regulation that aims to safeguard the rights of employees in the event of structural changes of their employers. The first chapter introduces the legal regulation adopted by the European Union, the 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 the amended 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, that harmonized the standards of employees' protection in the event of transfer of undertakings, including the historical background. Particular emphasis is placed on the relevant case law of the Court of Justice of the European Union interpreting the directives. In the next chapters of the thesis three national legislations of the member states of the European Union are subsequently analysed - the Czech, French and British law. The foreign regulations were chosen for comparison based on their...
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Non-competition clause
Zajíček, Jan ; Drápal, Ljubomír (advisor) ; Štefko, Martin (referee)
The main objective of the thesis is to focus on the institute of a non-competition clause within the Czech legal system. A special emphasis is put on the analysis of each of the aspects of a non-competition clause and the inclusion of a non-competition clause not only in the labour law, but also in the civil law as a whole. The thesis is divided into four chapters. These chapters are the History of a non- competition clause, Basic terms, Current legislation of a non-competition clause in the labour law and the Legislation of other institutes that regulate competitive conduct. The chapters are further divided into subchapters. Chapter One explains the historical development of a non-competition clause from the nineteenth century to the present day. The most important period was the 1990s, when a non- competition clause slowly began to return into the Czech legal system with the assistance of jurisprudence and legal literature. Chapter Two enumerates the most important terms, which occur in connection with a non-competition clause. This chapter includes, for example, the definition of the labour law. The chapter concludes with defining the terms competition and non-competition clause. Chapter Three focuses on the current legislation of a non-competition clause, which is based on linking the Labour...
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Comparison of legal regulation of notice of termination in the Czech Republic and Poland
Szopová, Magdalena ; Pichrt, Jan (advisor) ; Drápal, Ljubomír (referee)
Title: Comparison of legal regulation of notice of termination in the Czech Republic and Poland The aim of this master thesis is the comparison of legal regulation of notice of termination of employment relationship in the Czech Republic and Poland. This paper provides an overview of the legislation of notice of termination in these two states and in the end contains the comparison and evaluation of legal regulations concerned. The work consists of eight chapters, introduction and conclusion. The first chapter outlines the international and European legislation related to labour law with emphasis on termination of employment. The chapter contains a number of international conventions adopted in particular within the ILO as well as European legislation which deals with this issue. The second chapter contains treatise on termination of employment relationship in general, where the basic sources of national labour law in each country and a brief description of all forms of termination of employment relationship are stated. This chapter also contains a brief description of the relationship between civil and labour law and its development. The third chapter discusses the substantive aspects of notice of termination. It starts with general commentary on the concept of notice of termination, continues by...
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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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