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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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Company health-care services
Tomšej, Jakub ; Pichrt, Jan (advisor) ; Chvátalová, Iva (referee) ; Drápal, Ljubomír (referee)
- 193 - Abstract This dissertation theses describes the topic of company health-care services. The thesis provides a complex analysis of providing company health-care services with particular focus on the connection of these services with the employment relations and the legal instruments governed by the Labour Code. The thesis focuses in particular on the topic of medical examinations and medical reports, as well as the unfitness to work due to health-related reasons as a reason for termination of employment or other employment-law consequences. Besides an analysis of the current legislation, the theses further deals with the current case law, and in particular the judicial decisions on medical reports and their review by administrative and civil courts. The thesis also describes related legal instruments in the field of personal data protection and liability for damages, and provides a short comparison of the analysed legal regulation and the regulation of public service.
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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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Employment tribunals and courts in selected EU member states
Bezděková, Barbora ; Drápal, Ljubomír (advisor) ; Štefko, Martin (referee)
The thesis deals with the regulation of individual labour disputes settlement provided for in the law systems of the EU member states. The law systems chosen for comparison are the ones of the Czech Republic, England and France. In the first chapter there is an outline of the obligations resulting from the international and European legislation in the area of labour disputes settlement. In the following three chapters the Czech, English and French regulations are described subsequently. The individual regulations of the above mentioned countries are analyzed with reference to the institutions endowed with authority to settle individual labour disputes, the participation of lay members in the process of decision making, the proceedings at the courts of first instance as well as the proceedings at the higher courts and last but not least with reference to the means of alternative dispute settlement. In the second chapter dedicated to the Czech regulation the historical context is also mentioned. In the final part of the thesis the results of the analysis are compared and suggestions for the future Czech regulation of labour disputes settlement are offered.
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Work injury and occupational disease
Šourek, Filip ; Drápal, Ljubomír (advisor) ; Štefko, Martin (referee)
The aim of the thesis is to give a comprehensive view on the issue of occupational accidents and occupational diseases. The work uses the descriptive method, the method of analysis and the comparative method. The entire text is structured into chapters and subchapters. The main focus is on the work with the judicial decisions that are closer discussed and analyzed. The work defines the basic concepts of occupational accidents and related occupational diseases, such as an accident at work, occupational disease, pain or social impairment, discusses the conditions of employer liability for damage at work accidents and occupational diseases, the possibility of exemption the employer for damage and employers liability insurance for damage. The greatest attention in the thesis is paid to types of compensation related to accidents at work and occupational diseases provided to injured employees or bereaved persons. Neglected is not even forthcoming amendment to Act no. 262/2006 Coll., the labor code and long-delayed law no. 266/2006 Sb., of casualty insurance employees.
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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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Reasons for notice of termination of employment relationship according to Sec. 52 (g) and (h) of the Labour Code
Hořejší, Lucie ; Pichrt, Jan (advisor) ; Drápal, Ljubomír (referee)
The topic of my thesis is the analysis of two selected reasons for notice of termination given by an employer to an employee as stated by the Labour Code. The first reason (according to Sec. 52 (g) of the Labour Code) consists in violation of employee's duties and obligation ensuing from the legal regulation applying on the work performed by the employee. The second reason (according to Sec. 52 (h) of the Labour Code), which was implemented into the Labour Code with its effectiveness as of 1 January 2012, introduces a so-called "other duty of an employee" consisting in violation of the regime of an employee who is temporarily unfit to perform work for the employer due to his/her sickness or injury as set by the Act on Sickness Insurance. The analysis will be based primarily on the case law of the Supreme Court of the Czech Republic which, in the long term, tends to shape the legal regulation of the analyzed issue. Although not being a formal source of law, the case law of the Supreme Court is of a great importance in the area of termination of employment relationships in the Czech labour law in practice.
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The liability of the employee for the damage caused to the employer
Drahovzal, Jaroslav ; Bělina, Miroslav (advisor) ; Drápal, Ljubomír (referee)
The rigorosum thesis is focussed on the responsibility of an employee for damages caused to the employer. The work firstly describes the problem of the law responsibility in general and then responsibility for the damage. The main part of this work is shaped by the description of individual kinds of the responsibility of an employee for the loss and by the question of the extend of compensation. Attention is also paid to the prevention of the damage, labour law of the European Union and the options of the employee to insure against liability for any material damage caused to the employer.
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Level of protection for employee by termination of employment relationship
Cibulková, Markéta ; Bělina, Miroslav (advisor) ; Drápal, Ljubomír (referee) ; Pichrt, Jan (referee)
UNIVERZITA KARLOVA V PRAZE PRÁVNICKÁ FAKULTA KATEDRA PRACOVNÍHO PRÁVA A PRÁVA SOCIÁLNÍHO ZABEZPEČENÍ __________________________________________________________________ Míra ochrany zaměstnance při rozvazování pracovního poměru Level of protection for employee by termination of employment relationship Disertační práce Abstrakt v anglickém jazyce duben 2012 Autor: Mgr. Markéta Klánová Školitel: Prof. JUDr. Miroslav Bělina, CSc. Abstrakt v anglickém jazyce Level of protection for employee be termination of employment relationship This dissertation thesis deals with the level of protection awarded to employees who have their employment terminated in the Czech Republic. The first part of this thesis focuses on the functions of labor law as it pertains to an employee's termination, particularly the protective function, as well as the development of the protective labor legislation. A majority of the thesis is devoted to several aspects of an employer's decision to terminate the employment relationship. First, the thesis discusses the primary protection for employees who have their employment terminated. Second, the thesis examines the different ways and reasons for the dismissal of an employee, Third, the thesis describes the different provisions that protect employees, such as, the participation in trade unions,...
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