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Illegal work and its persecution
Stonjek, Patrik ; Pichrt, Jan (advisor) ; Štefko, Martin (referee)
The topic of this diploma thesis is illegal work and its persecution. Unconditional predisposition for discussion about this topic is an analysis and definition of dependent work. Therefore, this problematic is discussed in the first - introductory chapter of the presented text. In the following chapter the author is concerned with illegal work and its forms. The accent is put especially on administrative delict of enabling of illegal work, its legislative development in the past years and the role of negative law-maker - the Constitutional Court correcting the sanctions given for this administrative delict. The third chapter focuses on administrative delicts related to illegal work that are included in the Act of Employment and Act on State Labour Inspection. The last chapter is dedicated to illegal work in the context of the whole Czech legal system, which means on the commercial law, criminal law, tax law and statutory deductions level. In the summary the findings acquired in the prior chapters are concluded and the author expresses his opinion on the possible future development of regulation of illegal employment in the Czech Republic.
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Whistleblowing
Švandelíková, Klára ; Morávek, Jakub (advisor) ; Pichrt, Jan (referee)
This thesis addresses the subject of whistleblowing. This is currently very topical in the Czech Republic, due to the recent Decree of the Government on measures regarding reporting of suspicious activities in civil service bodies as well as on-going legislative works. These works are aiming to create new law, which aspires to deal with whistleblowing in a more comprehensive manner. The thesis also addresses existing regulations that deal with whistleblowing. The constitutional system offers some rules on which you can base the lawfulness of whistleblowing. Individual regulations can be found in labour law, criminal law, administrative law or civil law. Legislation of protection of personal data and protection of journalistic sources are also relevant. There is still debate as to the exact definition of whistleblowing. In this thesis whistleblowing is defined as reporting harmful or unwanted conduct by internal or third parties, via a specific system of notification relevant to an entity's (in which the reporting occurs) scope. In all cases the informant should be protected from retaliatory measures. This thesis also addresses the history of experience with whistleblowing, in America up to the second half of the 18th century. Part of the thesis is also dedicated to international legislation...
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The right to strike and lock-out
Zelená, Taťána ; Pichrt, Jan (advisor) ; Hůrka, Petr (referee)
The aim of this thesis called "The right to strike and lock-out" is to provide a comprehensive overview of the theory and practice of the right to strike. The thesis is divided into four separate chapters. The first one focuses on the theoretical aspects of the right to strike, a large space is devoted to the species and forms of strikes. The second chapter deals with the strike in the field of international law, in addition to describing the current law seeks to analyze the opinions of the relevant committees of the International Labour Organisation and the Council of Europe. The third chapter focuses on the right to strike in the legislation of the Czech Republic. Attention is paid to the right to strike under the Collective Bargaining Act. The last chapter deals with the right to lockout. The intention is a brief characteristics of this right of employers, as the counterpart of the strike.
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Equal Treatment and Discrimination in Labor-Law Relationships
Aldorf, Lukáš ; Pichrt, Jan (referee) ; Štefko, Martin (referee)
of the rigorosum thesis "Equal Treatment and Discrimination in Labor-Law Relationships" The aim of this thesis is to ascertain how effective the anti-discrimination law in labor-law relationships on the level of international, EU, and Czech national law is. Next, if needed and based on the findings also to propose effective and just changes of law or an adoption of extralegal measures. The structure of the thesis corresponds to its aims. In the first chapter, basic terms used in the anti- discrimination law area are defined. In the second chapter, I introduce the (for me) most compelling conception of moral justification of the prohibition of discrimination in any normative system. The third chapter describes, analyzes and partly also criticizes the valid law on the above mentioned three levels of law (international, EU, Czech). In the fourth chapter, I mention methods by the use of which one can estimate the extent of discrimination in certain area. The fifth chapter enumerates typical causes of or motivation behind discriminatory treatment, which are in particular prejudice and conformity. In the last chapter, I propose certain changes of the complaint mechanism and adoption of reasonable accommodation and soft quotas mechanisms. Last but not least, I stress the importance of education of all...
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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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Non-competition clause
Rozner, Jan ; Pichrt, Jan (advisor) ; Tröster, Petr (referee)
TITLE: Non-Competition Clause AUTHOR: Jan Rozner DEPARTMENT: Department of Labor Law and Social Security Law SUPERVISOR: doc. JUDr. Jan Pichrt, Ph.D. ABSTRACT: This thesis provides a comprehensive overview of the Labour Law Institute Non-Competition Clause. The thesis is written on the basis of the case law and numerous specialized literature relevant to the legal provisions. Due to clear developement trends, one chapter is devoted to the history of Non-Competition Clause. De lege lata the Non-Competititon Clause is generally successfully and comprehensively regulated in Act No. 262/2006 Coll., the Labour Code, although the Non-Competition Clause remains a heavily debated topic among members of the professional public. Published opinions are analyzed and assessed, including the context of the foreign legislation relevant to the Non-Competition Clause. In closing, I propose a course of action inspired by foreign Non-Competition Clause regulation, specifically that of Sweden, in terms of the de lege ferenda. KEYWORDS: labour law, non-competition clause, ban of competition, termination of an employment
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Flexible forms of employment
Bajerová, Zdeňka ; Pichrt, Jan (advisor) ; Hůrka, Petr (referee)
This rigorous thesis entitled "Flexible Forms of Employment" analyses different types of employment with flexible features with regard to the current, valid legislation and de lege ferenda. A brief analysis of these forms of employment in Slovak legislation will also be carried out.
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Comparation of Czech and Polish regulation of temporary agency work
Czeczotka, Andrzej ; Pichrt, Jan (advisor) ; Štefko, Martin (referee)
The topic of this thesis is regulation of temporary agency work in the Czech Republic and the Republic of Poland. The stress is put mainly on the comparison of individual areas of regulation in both countries and describing the substantial differences. The goal of the paper is to contribute to better understanding of this special issue of the labour law and to introduce foreign incentives to the discussion about the pros and cons of the practice related to using temporary agency work in the Czech Republic. Finally this paper may also serve as a source of reflections de lege ferenda. In the first part this thesis focuses on the description of the basic characteristic of temporary agency work. The different points of view of this issue are introduced gradually, especially in the context of the other labour market services, next a brief description of the sources of international law in this area follows, and finally short historic excursus into the development of the regulation in Poland and the Czech Republic is presented. The second part is devoted to the public law regulation of temporary agency work, especially to acquiring the license for running a work agency and the obligations arising from the public law. Regulations in both states are divided into the separate chapters. The last part involves...
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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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Collective bargaining
Kavan, David ; Pichrt, Jan (referee) ; Tröster, Petr (referee)
Rigorózní práce Kolektivní vyjednávání Mgr. David Kavan Abstract The thesis deals with the collective bargaining as it is nowadays (the thesis reflects the status as of September 1, 2014) understood and regulated by the Czech law. This understanding and regulation has been compared to the understanding of the collective bargaining under the documents of the public international law. The thesis focuses on the legal regulation of the collective bargaining and of other legal issues that are of importance for the collective bargaining as they can be found in the Czech national law, in the public international law and in the sources of the European law. The author has been dealing with the persons and entities that are concerned by or involved in the collective bargaining and with the different levels the collective bargaining can take place at. He has been describing also the procedure of the collective bargaining and the proceedings that apply within its framework. The author has been concentrating on the collective agreement as well, as it is the typical and most important outcome of the collective bargaining. At the end the thesis focuses on the situation where the parties to the collective bargaining are not able to reach their consensus on the collective agreement and on the legal instruments they can use...
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