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Legal and illegal work of foreigners in Czech Republic
Novakovská, Ivana ; Tomšej, Jakub (advisor) ; Morávek, Jakub (referee)
The topic of this diploma thesis is legal and illegal work of foreigners in Czech Republic. Both legal and illegal work are related to the performance of dependent work. Therefore, the thesis begins with the definition of this term when the author describes the individual characters of dependent work stipulated not only by the law but also by applicable case law. At the end of the first part, several tests of employment which are helpful for the identification of the performance of dependent work are explained. The second part is devoted to the conditions of foreigners' stay and employment in the Czech Republic, divided into two groups of foreigners. Firstly, the citizens of the EU, EEA and Switzerland and their family members, especially regarding the free movement of workes stipulated by the Treaty on the Functioning of the European Union and the topic of posting workers in the context of the transnational provision of services. Secondly, the third-country nationals who may obtain a work permit, an employee's card, a blue card or a card of an internally transferred employee for the purpose of their employment on a certain working position within a certain employer, unless they have free acces to the czech labour market. The author presents also the governmental programmes of economic migration....
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The protection for pregnant employees from termination of employment
Betuštiaková, Anna ; Tomšej, Jakub (advisor) ; Morávek, Jakub (referee)
This thesis provides an analysis and comparison of the EU and national legislation concerning protection for pregnant employees from termination of employment. The main goal of this thesis is comparison of the legal protection based on the Council Directive 92/85/EHS and other legal elements incorporated in the Act no. 262/2006 Labour Code. Pregnant woman is in very specific position in terms of employment relations, and she is considered to be a weaker party. Nevertheless, regular employee is also considered to be a weaker party, but in comparison of the legal protection between employee and pregnant employee, we will unambiguously conclude, that level of protection is considerably higher for the pregnant employee then for the regular one. And it is for a legitimate reason since a pregnant employee, during pregnancy and maternity, is endangered not only from the physiology perspective but also from social security perspective. For this reason, the legal acts concerning position of the pregnant employee, in the national or European level, are mostly in their favour. Simultaneously this thesis mentions some of the important judgements, in which courts are once again mostly in favour of pregnant employee. This thesis analyses the level of protection of those employees and evaluates the sufficiency...
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General duty of the employee to provide compensation for damage
Langhammerová, Šárka ; Drápal, Ljubomír (advisor) ; Morávek, Jakub (referee)
General duty of the employee to provide compensation for damage Abstract The diploma thesis deals with the institute of the general duty of the employee to provide compensation for damage. The employee's general duty to provide compensation for damage stipulates that the employee is liable to the employer for the damage he caused by breaching his or her duties in performance of work tasks or in direct relation to him. Undoubtedly, the issue is still relevant and highly frequent in practice. This institute of labor law is intended to ensure greater protection of the employee as the weaker party of the employment relationship. This advantage for the employee is justified by the nature of the employment relationship where the employee is in a dependent position, as well as the general social and social context. An employee, if he fulfills the preconditions of the general obligation to compensate for damage, has a more advantageous position compared to other pests, which are responsible for the damage according to the general regulation contained in the Civil Code. The thesis attempts to outline and answer important questions about the nature and application of the employee's general employer's liability for damages by using a descriptive, analytical, and comparative method. The work is divided into ten parts....
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Invalid and Apparent Termination of Employment by the Employer
Baběrad, Jan ; Tomšej, Jakub (advisor) ; Morávek, Jakub (referee)
71 Invalid and Apparent Termination of Employment by the Employer Abstract This diploma thesis deals with an everlasting issue: invalid and apparent termination of employment by the employer. The text of the thesis is divided into five chapters, further segmented into subchapters, some of these consisting of even lower level chapters. The first chapter covers the historical development of labor law and its separation from civil law into a separate branch of law with its own code. The following chapter defines the basic legal concepts, which are employment and legal transaction, as well as the invalidity and appearance of legal transactions. The second chapter also contains a reflection on the meaningfulness of the legal institute of appearance of a legal transaction. In the third chapter are analyzed specifics of the invalidity of legal transactions in labor law and the consequences of invalidity of the employment termination. The core of the diploma thesis is formed by the fourth and fifths chapters, containing a non- exhaustive list of reasons for invalidity and apparent termination of employment by the employer and a more detailed definition of these reasons, including a thorough analysis of some contentious issues. It was also necessary to cover the ineffective delivery of a document which leads to the...
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Employee benefits
Kučerová, Markéta ; Morávek, Jakub (advisor) ; Tomšej, Jakub (referee)
The name of the thesis - Employee benefits The thesis deals with employee benefits, conditions and rules of their provision. The aim of this thesis is to provide a comprehensive view of important aspects related to all benefits in general and their provision and then focus on several specific benefits and point out their specific issues, practical problems as well as possible solutions to these problems. The secondary goal of the thesis is to define the phenomenon consisting in the growing intervention of the state in the field of labor relations, especially in the provision of employee benefits, including thought of this phenomenon and its further development. This thesis is divided into five main parts, each of which is further divided into further chapters. The first part of this work deals with the concept itself and then the division of employee benefits into individual groups from different perspectives. It describes their functions and possible ways in which employee benefits can be provided. The second part addresses the issue of legal regulation of employee benefits, while pointing out the fact that there is currently no comprehensive legal regulation for employee benefits. However, there are some legal regulations that more or less affect employee benefits. How specifically is the content...
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Whistleblowing in labour relations in the context of the European regulation
Blahová, Luisa ; Tomšej, Jakub (advisor) ; Morávek, Jakub (referee)
Whistleblowing in labour relations in the context of the European regulation Abstract Whistleblowing has been a topic of discussion by professionals and the general public for many years. In October 2019, a European Directive on the protection of whistleblowers was adopted, which gave the Czech legislator a clear deadline for the adoption of legislation. At present, some whistleblowers are provided with partial and ineffective protection, and several unsuccessful legislative proposals have appeared in the past as well. There is a new proposal currently in the stage after being sent to the inter-ministerial comment procedure. This piece briefly introduces the concept of whistleblowing, the purpose and implications of this institute in the light of the international and European documents and case law. Within the theoretical basis of individual elements of whistleblower protection, a new Directive on whistleblower protection is further discussed in detail. Due to the minimalist regulation in several EU Member States, the Directive represents a very progressive regulation. The work also provides a detailed analysis of the Irish Protected Disclosures Act and some of its application problems. The Irish act provides protection to a wide range of people who report essentially any violation or misconduct. The act...
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Fixed-term employment
Marejka, František ; Morávek, Jakub (advisor) ; Tomšej, Jakub (referee)
Fixed-term employment Abstract The topic of this master thesis is, as its name indicates, legislation of fixed-term employment in the Czech Labour Code. This thesis further develops and in some parts modifies my student work named "Reflection on fixed-term employment not only in perspective of conflict of opinions between the Constitutional Court and the Supreme Court". This topic became relevant again with the ongoing judicial dispute between the Constitutional Court and the Supreme Court, as neither of the courts decided to withdraw of its way of interpretation of section 39 subsection 5 of the Czech Labour Code. The aim of this thesis is to briefly introduce the current legislation and its historical sources, analyse it critically and propose a regulation de lege ferenda. The thesis is divided into five chapters, while subchapters 2., 3. and 4. are further divided into thematically different subchapters. The first chapter briefly introduces the current legislation in the Czech Labour Code. The second chapter contains a summary of the history of fixed-term employment and the position of labour law within the legal system in general with the purpose of presenting historical background. The third chapter focuses on an analysis of the institute of fixed-term employment in terms of elements of...
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Photographs of People from Employer's Point of View
Hendrychová, Jitka ; Morávek, Jakub (advisor) ; Lang, Roman (referee)
Photographs of People from Employer's Point of View Abstract This thesis deals with capturing the image of employees and other people on photographs and use of these photographs by an employer. The aim is to address possibilities of using image of people, from its creation, publishing it or using it in different ways, to its erasure or destruction, all of that in labour law context. This thesis is divided into three main chapters. The first part deals with protection of personality of an individual in Civil Code and Labour Code. It describes capturing the image of an employee and using the image with and without their consent. Second chapter focuses on photographs in context of data protection, mainly with respect to processing photographs as personal data using legal titles in Art. 6 of Regulation (EU) 2016/679 of the European Parliament and Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation). The findings from previous chapters are applied on practical situations in all stages of employment in the third chapter. Part of this chapter is dedicated to the responsibility of an employee to abide the creation of portrait and to the questions of...
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Implementation of the Civil Service Act with regard to the stability of the service relationship
Ptáčková Melicharová, Lenka ; Pichrt, Jan (advisor) ; Morávek, Jakub (referee)
Implementation of the Civil Service Act with regard to the stability of the service relationship Abstrakt The thesis aims to descript and evaluate the Civil Service Act. Particular attention is paid to its implementation, as well as to compensating the state of government before the law takes effect, and finally to the partial more detailed treatment of Kazuistic examples. At work, I have set out to objectively, with the help of available resources and data, whether in practice the objectives of the Civil Service Act are being met, that is to de-politicise the civil service, increase transparency and stability of government, increase professionalisation, but also enhance the efficiency and performance of service offices. In the first chapter, in the context of those objectives, I set out working hypotheses that will be verified during the process of the thesis and confirmed or rejected at the conclusion of the work. For the purposes of this work, I defined three hypotheses: 1. The implementation of the Civil Service Act will increase the stability of State Government 2. Implementing the Civil Service Act will increase the expenditure on performing this service i.e. the civil service will be far more costly. 3. Implementing the Civil Service Act will not improve the efficiency of the civil service, but there...
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The Status of a Professional Athlete from a Perspective of Labour law
Laubová, Anna ; Morávek, Jakub (advisor) ; Pichrt, Jan (referee)
1 Abstract This diploma thesis deals with the issue of a status of professional athlete from a perspective of Labour law. The main goal of this thesis is try to find an answer to a question whether the activity of professional team sports athlete should be considered as dependent work of an employee. The first part is theoretical and focuses mainly on definitions of sport, sports law, sport legislation and professional athlete. The second part deals with the current position of professional athletes in our legal system. In practice, professional athletes can act as self- employed, as employees or as professional soldiers. At the same time, the author tried to outline the advantages and disadvantages of these individual statutes. The main of part of the thesis is dedicated on the definition of dependent work in terms of the Labour Code and the questions of basic institutes of labour law, which are essential for proper comparing with the status of a professional athletes. The author came to the conclusion that the sports activity performance of most professional team sports athletes can be considered as a dependent work in terms of labour law. Following this fiding, the author then analyzed several basic provisions of the Labor Code that would be incompatible with sports practice. The fourth part of this...
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