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Selected issues of the hiring of employees
Častová, Zuzana ; Štefko, Martin (advisor) ; Hůrka, Petr (referee)
The topic of the diploma thesis are selected issues of the hiring of employees. Within the scope of this work I would like to refer to wiles, which lie in ambush for aplicants for a job already at the very beginning of selection procedure, and that is why I aimed above all on the issue of discrimination in the course of hiring employees, which is recently by general public very popular subject matter. In introductory three chapters I make a bid for brief explanation of principle of equality, equal treatment and prohibition against discrimination so that I may further devote myself to the principal object of submitted thesis. The content of the fourth chapter is the treatise on unequal treatment in the period prior to beginning of employment, so in the course of selection procedure. As results from the findings of the research of ombudsman and Czech Helsinki Committee, the aplicants for job very often face discrimination already by the first contact with prospective employer, so in job advertisement. In fifth and sixth chapter I analysed national and european antidiscrimination legal context and relevant case law, chosen on my own. In both cases I would like to point out to really dynamic development in recent years, moreover both areas complement each other, but also influence one another. In the...
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Flexicurity and its projection to Czech labour law
Foltýnová, Magda ; Hůrka, Petr (advisor) ; Štefko, Martin (referee)
The theme of this thesis is to find the elements of flexicurity occurring in the various institutes of the Czech labor law and to study their interactions. The phrase flexicurity arises from the combination of two English words of opposite meaning, flexibility and security (safety, protection). Flexicurity is a certain concept of the labor market and may intervene in larger sense to the social security law and employment policy. The concept of flexicurity in the context of an employment relationship is an attempt to create a relationship between the employee and the employer, which will be flexible enough to contractual arrangements between employer and employee, while maintaining a sufficient level of protection for employees. This thesis is divided into several parts. It consists of an introduction, four chapters further divided into the subchapters and a conclusion. The first chapter deals with a general introduction to the labor law, its historical development and relationship to European Union's legislation. In the second chapter are mentioned the basic principles of labor law, the definition of labor law as a relatively independent branch of the law including the relationship to other branches of the law. The third chapter is devoted to the explanation of the concept of flexicurity, to the...
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Restrictions of competition in Czech Labour Law
Krajíčková, Markéta ; Pichrt, Jan (advisor) ; Hůrka, Petr (referee)
Restrictions of competition in Czech Labour Law The thesis deals with competition restrictions, primarily in the field of Labour Law, both during the term of employment, as well as after its termination. Further, an overview of the competition restrictions in a field of Corporate Law and in other related areas is also provided. The thesis also takes a look at the evolution of the regulation of competition restrictions by law. A chapter dealing with the restricting competition in the United Kingdom of Great Britain and Northern Ireland is included as well, to provide a comparative perspective on the topic. An analysis of the changes introduced by the recodification of Czech private law (e.g. by the adoption of the new Civil Code and the Act on Business Corporations) is provided. The author expresses her thoughts de lege ferenda on potential amendments and improvements to current law within the constitutional framework of competition restrictions.
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Posting of workers in the European Union
Ptáčková, Leona ; Hůrka, Petr (referee) ; Štefko, Martin (referee)
This rigorosum thesis is devoted to the topic of temporary posting of workers by their employers (undertakings established in the Member states of European Union) on the territory of another Member state in the framework of the transnational provision of services. The aim of this thesis is to present summary analysis of the posting of workers, especially from the point of view of employment law and social security law. Major attention is devoted to the terms and conditions of employment of posted workers in the hosting states. Text of this thesis is divided into seven chapters. Introductory chapter is generally focused on definition of posting of workers in the framework of European Union law, particularly in the relation with a freedom of transnational provision of services and free movements of persons. Following chapter analyzes in detail legal regulation contained in the Directive 96/71/EC of the European Parliament and of the Council concerning the posting of workers in the framework of provision of services that is in this field primary source of law. European law is indispensably connected with the case law of the European Court of Justice that through its judicial decisions helps to interpret and complete European law. The essential decisions of European Court dealing with posting of...
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The right to strike and lock-out
Šebesta, Vojtěch ; Štefko, Martin (advisor) ; Hůrka, Petr (referee)
The right to strike and lock-out This master's thesis deals with the topic of the right to strike and right lock-out, which has proven to be a rather controversial theme in the Czech Republic and Czech law discourse. The thesis ponders the subject in its broad context in the Czech law environment as well as examines its relations towards International and European law context. The main aim is to provide a complex and through insight on the matter, define it and state its main challenges and pitfalls, and valorise Czech law environment around the strike. The structure of the thesis consists of two main parts. The first part focuses on the right to strike in detail and is divided into eight chapters, whereas the second part deals with the right to lock-out. The first chapter serves as an introductory to the examined matter and defines the basic terms such as "strike" or "walkout" and puts their meaning into the law context. Furthermore it describes various methods and kinds of strikes, actors and participants and scale of strikes. The second chapter examines the historical developments and ramifications. From medieval times to the state-capitalist dictatorships before the year 1989, it seeks to draw the main lines of development and the driving force behind it. The third chapter focuses on the related rules...
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Termination of employment
Dvořák, Petr ; Hůrka, Petr (referee) ; Štangová, Věra (referee)
Processed thesis deals with termination of employment. The thesis deals with various forms of termination of employment according to the then applicable legislation throughout history, IE before the creation of the first legal regulation of Labour Law, which was Act No. 65/1965 Coll., The Labour Code (chapter 3), pursuant to Act No. 262/2006 Coll., the Labour Code, which replaced the above act (Chapter 4). Attention is given to the amendment of the Labour Code effective from January 1, 2012 which relates to arranging of a probationary period, termination of employment during the probationary period, the exceptions to the prohibition of dismissal lengthening of the period of moderation of the court; sets a new reason for dismissal in § 52. h) of the Labour Code (Chapter 5). This thesis also deals with the issue of termination of employment in EU countries (Finland, Belgium, Austria), namely agreement on termination of employment, dismissal and termination of employment during the probationary period (Chapter 6). Attention is also paid to the comparison of Czech law with foreign laws, international documents, legislation and numerous case law. In conclusion, the modified institute mass layoffs and legal documents related thereto, in particular Council Directive 75/129/EEC of February 17, 1975 on the...
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Non-compete clause in Labour Law
Hlaváčková, Marcela ; Štefko, Martin (advisor) ; Hůrka, Petr (referee)
The subject of this paper is the regulation of a non-compete clause in labour law. The key question in this issue is whether there is a boundary between what is a person's own ability (foresight, enterprise, flexibility), that is, what is a part of their personality and what is a part of a business as an intangible asset, in the form of rights or other intellectual property - know- how, trade secret, information, network of contacts, etc., as values that will enable certain entities to gain an edge and, in combination with other aspects, ultimately to accomplish a goal ahead of the others. The non-compete clause in labour law has been evolving from the early 20th century until today. In this paper, I also wanted to point out the broader concept of a ban on competition, i.e. a ban beyond the boundaries of labour law. The paper covers basic terminology, development and history of a non-compete clause, the applicable legislation as well as the period during which the applicable legislation did not completely respond to the need for regulation of the relationship between an employer and an employee, the areas extending beyond the strict boundaries of labour law as well as the current applicable legislation; last but not least, the paper also provides comparison with foreign applicable legislations....
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Strategy of Flexicurity in the Termination of the Employment contract in the Legislation of the Czech Republic and the Kingdom of Sweden
Randová, Jana ; Hůrka, Petr (advisor) ; Štefko, Martin (referee)
The thesis deals with the concept of flexicurity and its effects in the termination of the employment contract in the Czech Republic and the Kingdom of Sweden. The main aim of the thesis is to describe and compare both legislations from flexicurity perspective and suggest changes in the czech legislation. Strategy of flexicurity is one of the most discussed topics not only in the field of labour law but also in the field of social security systems and active labour market policies during the past few years. The concept of flexicurity can in a simplified way be characterized as a policy approach that tries to combine the flexibility of labor markets and job security for employees. According to the experts, flexicurity could help solve issues such as globalization or effects of economic crisis and higher unemployment occured due to the crisis. The thesis is composed of five chapters, each of them dealing with different aspect of the concept of flexicurity and its application in the Czech Reoublic and the Kingdom of Sweden. Chapter One defines and explaines the concept of flexicurity as such, followed by examples of succesful European flexicurity models. The chapter concludes with a brief outline of current development of flexicurity at European level. Chapter Two describes the individual components...
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Trade unions as a legal entity
Bartoš, Přemysl ; Hůrka, Petr (advisor) ; Štefko, Martin (referee)
anglicky This thesis analyzes position of trade unions as legal entities, i.e. trying to describe the features of a trade union as a legal entity and its position in the legal system. Study of trade unions from this point of view hasn't been explored too much, trade unions are traditionally seen through their functions as a subject of the social dialogue, yet the basic question of what a trade union actually is in terms of the type of legal entity, is not clear. Qualification of trade union as a legal entity is based on several aspects, each of whom is dedicated to one part of this work. The first chapter deals with definition of collective labor law, which is closely linked with a term trade union. Next part is relatively extensive historical excursion, which allows a better understanding of roots of the current understanding of this topic. Another important aspect of the legal regulation are international instruments, which protect the right of association and concretize particular aspects of this area. This protection is also reflected in the constitution of the Czech Republic. Recently new Civil Code, which has become a key standard for the regulation of trade union organizations, came into force and it is very important to understand the legislative process of this act in which delegates of...
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Freedom to contract in employment relationship
Slabý, Tomáš ; Hůrka, Petr (advisor) ; Štefko, Martin (referee)
This thesis deals with the actual extent of contractual freedom in labor law relations from the theoretical perspective and from the perspective of its specific consequences in labor law as well. Therefore the thesis consists of two main parts. In part one, the thesis defines the legal principle concept and continues with the autonomy of the will characteristic, from which the contractual freedom principle derives, and then it describes its restrictions as a reset of both the principle of equality and the principle of protection of the weaker party to contract. As follows, the thesis deals with the position of labor law within the private law area, its historical development, the influence of the Constitutional Court decision no. 116/2008 Coll. and the adoption of the new Civil Code in terms of the labor law contractual freedom extent. The ending of the first part is dedicated to the modern "flexicurity" system that seeks to reach the balance between contractual freedom on one hand and an employee protection within labor law on the other hand. In its second part, the thesis aims to analyze particular appearances of contractual freedom within chosen labor law aspects as it both, shortly describes them and assesses them in terms of the space that they provide to contractual freedom and the amount of...
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