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Liability in labour law
Dáňová, Lucie ; Hůrka, Petr (advisor) ; Štefko, Martin (referee)
Liability in Labour Law Summary Liability represents one of basic legal institutes which applies in most branches of law, including labour law. However, employment relations have several distinctive features which are also reflected in the conception of lability. Since the consequences of violation of law can substantially affect the position of violator, it is necessary to be aware of one's duties and a possible occurrence of lability. The aim of my thesis is to analyze liability in labour law according to the legislation in force. Liability in labour law is not only a theoretical concept but it also has practical impacts on both subjects of employment relation, therefore it is desirable to have knowledge of this institute. Since liability denotes one of the most complicated institutes in law it is, at first, essential to explain the concept of liability in general. Legal theory construes liability in several different ways and it is interesting to mention opinions of various theorists. The next chapter characterises the concept of liability in labour law and describes its main features. The following chapter deals with division of liability in labour law into several kinds from different points of view. The thesis focuses on liability for damage because of its importance in labour law itself. Chapter five...
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Health and safety at work
Šimková, Kamila ; Tröster, Petr (advisor) ; Hůrka, Petr (referee)
Health and safety at work The topic of the diploma thesis is Health and safety at work (HSW). The topic has been chosen for its importance and topicality. The diploma thesis is structured into eight chapters. The first chapter gives a characterization of HSW. Safe and healthy working conditions are protecting employees and other people against harm to their health and safety. Ensuring of HSW is significant to employees, employers and society in general. The second chapter describes the history of HSW. The third chapter deals with the main legislation provided for the health and safety of people in the workplace. There are also described international organizations and their legal provisions in connection with HSW. The fourth chapter discusses the rights and obligations of both employers and employees. Employers have the primary responsibility for ensuring HSW. On the other hand, employees have to take reasonable care to protect their health and safety and the health and safety of other people in the workplace. Employers have a duty to cooperate with employees, or their representatives, on health and safety matters. There are also described rights of trade unions and representatives of employees in HSW. The fifth chapter describes further conditions for ensuring HSW. The sixth chapter discusses the...
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The comparison of termination of labour relation in Czech and Slovak republic
Šebo, Eduard ; Hůrka, Petr (advisor) ; Štefko, Martin (referee)
This work deals with problems of the termination of labor relation in the Czech Republic, as well as Slovak Republic. I approached this topic by comparing the currently valid regulations as stated in the Labor Codes of the Czech and Slovak republics. I consider thorough knowledge of this issue to be of great practical importance. I am convinced that labour is one of the most important attributes determining systemic functioning of the whole society. From the presentation of the labour as a basic means of production of any state system we can deduce a great amount of interesting information. The work is and always has been a prerequisite to our survival and is thus the foundation of any state system. My thesis is divided into six separate chapters, each of which deals with labor law from a different perspective. The first chapter deals with the subject, purpose and content of labor law. The second chapter describes the history of the labor law and is divided into two parts before and after 1989. Therefore it also describes the situation in Czechoslovakia, where identical laws were applied in all legal sectors. The third chapter is concerned with the meaning of employment as a legal institute. In chapters four and five I described the termination of labor relation in the Czech and subsequently Slovak...
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Service relationship of members of law enfrocement units
Orel, Jan ; Hůrka, Petr (advisor) ; Koldinská, Kristina (referee)
71 Service Relationship of Security Force Members (Summary) Since 1st January 2007 the Service Relationship of Security Force Members Act No. 361/2003 Coll. has come into force. The Act arranges legal relations of The Police of the Czech Republic members, The Fire Service members, The Customs Service members, The Prison Service members, The Security Information Service members and Office for Foreign Relations and Information members. The Service Relationship of Security Force Members Act is a complex norm setting the material-law and procedural-law aspects of service relationship affairs. The act arranges not only basic institutes as creation, change and end of the service relationship, service conditions, basic duties of a security force member, income of a security force member, service duration, retirement rights, and proceedings in service relationship affairs, but also institutes traditionally adopted into previous service relationship arrangements from the Labour Code (e.g. deputizing, time measurement, its end and passing of demands in the case of the death of a security force member). The service relationship of the security force members, being a civil service relationship, has several characteristic features, refering to the public nature of the service relationship. This nature is strongly formed...
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Safety and health protection at work
Salajka, Radek ; Tröster, Petr (advisor) ; Hůrka, Petr (referee)
Resumé A person could say that from one angle the whole situation of occupational safety and health leads to a collision of two different interests of two different subjects. The main subjects are employers on one side and employees and society as a whole on the other side. Speaking of interests, there is an interest of making the biggest possible earnings and maximalization of profit, but on the other side there is an interest of maximalization of safety of the employees as a very expensive part of the business but a necessary matter of humanism and law. The solution lays on a compromise, a situation, where there is a guarantee of good safety for a reasonable price. We have to see the state as the resolver of this situation because state is laying between these two subjects and their interests and we cannot place it on the side of emloyees or employers. On the other hand state can have a big influence on the whole situation due to its statutory instruments such as legal acts and other directives. State, however, also has to resolve some opposing views inside itself. These are the maximalization of profit of companies and thus high tax income versus its target seen in the lowest possible outcome due to old-age pension and social insurance paid to employees together with the highest possible age reached by...
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Problematic Aspects of Personal Data Protection
Všetečková, Anna ; Morávek, Jakub (advisor) ; Hůrka, Petr (referee)
The thesis consists of five chapters, introduction and conclusion. The author of the thesis deals with introduction to the problematics of personal data protection and its relevance in the contemporary world in the introduction of the diploma thesis as well as with demarcation of the aims of the work. In the first chapter, the basic sources of legislation in the area of personal data protection are demarcated, both in Czech and in European and international level. In the second chapter, the attention is paid to the basics of the legislation in the area of personal data protection, whereas the author deals with demarcation of basic concepts, in the second subchapter she gives an overview of basic principles of personal data processing and in the third subchapter she summarizes legal titles for personal data processing. The institute of Data Protection Officer within the meaning of General Regulation is analysed in the third chapter. The first subchapter deals with demarcation of cases where the processor is obliged to designate the Data Protection Officer. The author pays attention to the problematics of requirements for qualification of the Data Protection Officer in the second subchapter. The major theme of third and fourth subchapter is demarcation of Data Protection Officers position to the controller...
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Invalidity of acts in employment
Dostál, Martin ; Tröster, Petr (advisor) ; Hůrka, Petr (referee)
Závěr Neplatnost právních úkonů v individuálním pracovním právu se v poslední době dramaticky vyvíjela. Nález Ústavního soudu1 změnil vzájemný vztah zákoníku práce a občanského zákoníku a preferencí relativní neplatnosti právních úkonů v pracovním právu prohloubil v zákoníku práce principy a zásady, na nichž je postaveno soukromé právo. Podle mého soudu je to velkým přínosem, jedním z principů soukromého práva má být rozhodnutí každého účastníka soukromoprávního vztahu, zda bude o svá práva bojovat. Nepochybně je však nutné udržet míru právní jistoty na vysoké úrovni. Pro účastníky pracovněprávních vztahů je dle mého názoru z hlediska právní jistoty výhodnější, považuje-li se právní úkon za platný, i když je tento stižen vadou, jež způsobuje jeho neplatnost, do té doby, než se jeden z účastníků jeho neplatnosti nedovolá. Jestliže se jedná o zásadní vadu, je zde zachována absolutní neplatnost právního úkonu, jak jsem uvedl výše. Upřednostněním relativní neplatnosti právních úkonů se zohledňuje snaha předcházet faktickým úkonům, uměle je nevytvářet, jak uvedl ve svém nálezu Ústavní soud, s jehož názorem na tuto problematiku se ztotožňuji. Z výše popsaných příkladů neplatnosti některých právních úkonů vyskytujících se v individuálním pracovním právu se nabízí také myšlenka zneužití prokazování domnělé...
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Personal data protection in employment formation
Morávek, Jakub ; Pichrt, Jan (advisor) ; Hůrka, Petr (referee)
1 Resumé Personal data protection in employment formation This thesis is concerned with the questions of personal data protection in connection with labor-law relationships. In the concrete the author focuses on personal data protection in formation of the employment. First the author deals with general legal basis of the issue and, consequently, the author analyses personal data protection in positive law, namely in the Act No. 101/2000 Coll., on the Protection of Personal Data, as amended. The author examines in detail some questionable duties of the employer connected with processing of personal data of his employees and, at the same time, refers to the imperfection of transposition of the Directive 95/46/ES of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of these data. On the basis of given comments the author in the general level presents the scope of personal data that can be requested by the employer from the employee in formation of the employment. The author deals with often discussed cases of processing of personal data in the labor-law relationship as for example using of the employee 's photography, recording his family relationships etc. By means of practical example of...
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