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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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Selected issues of status of a professional athlete
Pospíšil, Daniel ; Pichrt, Jan (advisor) ; Morávek, Jakub (referee)
v anglickém jazyce (abstract in English) This thesis discusses the very topical issue of the status of professional athletes. The answer to the question whether the exercise of a professional sporting activity falls within the definition of dependent work in accordance with the Labor Code is currently still unresolved. Although there are strong arguments in favor of the subordination of at least part of the legal relations in professional sports under the labor legislation, the current situation is exactly the opposite. The vast majority of athletes today carry out their activities as self-employed persons. In this respect, the practice in the Czech Republic differs from the majority of other, not only European, countries where athletes normally have the status of an employee and possess the corresponding rights. This practice was recently explicitly allowed by the Supreme Administrative Court, stating that despite all the similarities, such activity is so specific that it defies the notion of dependent work. Czech law does not currently include any regulation of this issue, whilst it is evident that the current wording of the Labor Code is in fact inapplicable to the specific relationships in professional sports. It is therefore no wonder that the Czech sport clubs take advantage of the option not...
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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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Labour law aspects of non-competition
Brončková, Hana ; Pichrt, Jan (advisor) ; Štefko, Martin (referee)
This presented thesis deals with the issue of prohibition of employee's competitive conduct during and after the employment relationship. The purpose of the thesis is to analyze the provisions of the affected legislation and to refer to some related court decisions. The thesis is composed of five separate chapters, the main part is elaborated in Chapter Three (legal regulations of the prohibition of competitive conduct during the employment relationship) and Chapter Four (non-competitive clauses). Labour law states the conflict of employers and employees in economic competition and the related collision of fundamental right to freedom of trade and choice of profession with protection to ownership, but legal regulations of trade law may be applied. The thesis deals with both of these areas and also related criminal legislation. Attention is also paid to the historical survey of these issues and the thesis briefly describes some of the general context of the current Labour Code. Changes which are connected with the New Civil Code are mentioned as comments. The thesis also focuses on legal regulations of the prohibition of competition in Slovak labour law, in which it refers to the positive and negative aspects of the relevant sections of the Act as well as recent experiences of practical application.
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