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Health insurance companies in the system of health insurance
Sobotová, Kateřina ; Tröster, Petr (advisor) ; Zemanová, Jana (referee)
This thesis analyses the health insurance companies in the public health insurance. First chapters consist the theoretical background of health insurance and subsequently the historical development of health insurance in the Czech Republic (Czechoslovakia). The focus of this thesis is laid on the development of health insurance in the last two decades. The work compares the legislation of the General Health Insurance Company of the Czech Republic and the so- called employment insurance companies. Attention is paid to the legislation of the organizational structure of health insurance companies and their economy, particularly the regulation of their funds. Some of the economic indicators of the General Health Insurance Company of the Czech Republic and the Health Insurance Company of the Ministry of Home Affairs for the years 2010 - 2012 are listed for a comparison.
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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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Termination of Employment by the Employer
Salajka, Radek ; Tröster, Petr (advisor) ; Štefko, Martin (referee)
This thesis is focused on the topic "Termination of employment by the employer". In this work there are primarily explained the basic terms connected to the issue, particularly "the employment relationship" and "the termination of employment", as well as the history of the discussed topic. Further on the thesis focuses on particular manners of terminating an employment by the employer. Aside from the employer's notice, immediate termination of employment by the employer and the termination of employment by the employer during the probationary period, the work also includes an analysis of the employment termination agreement. Also other institutes connected to the termination of employment by the employer take place in this thesis, such as redundancy payment or competition clause. A considerable attention is given to the professional practice which is closely connected to the Czech court practice references. In addition, the author adds his own de lege ferenda suggestions to the particular chapters.
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Notice of termination of employment in selected EU member states
Mihálik, Matej ; Tröster, Petr (advisor) ; Štangová, Věra (referee)
Notice of termination of employment in selected EU member states The aim of this thesis is comparison of legal regulation of the notice of termination of employment in three legal systems within the EU: Slovak, English and Swedish. The thesis deals with the notices of employers and in the conclusion it contains comparison and evaluation of the legal systems. The thesis comprises four chapters. The first chapter deals with international and european legal regulation of employment termination, in particular regulation of notice of termination. The chapter contains description of international treaties and conventions concluded mainly within International Labour Organisation as well as european legal regulations and directives dealing with this matter. The second chapter deals with the Slovak regulation. At the beginning, it starts with general description of employment termination, it continues with the general requirements on notice and notice period. In the next part, the chapter describes specific notice reasons, special duties of the employer during the termination of employment and ban on the dismissal for protected groups of employees. The final part of the chapter focuses on the remedies of an employee in the case the notice of termination is declared invalid. The third chapter contains the...
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Safety and health protection at work
Štropová, Valerie ; Tröster, Petr (advisor) ; Hůrka, Petr (referee)
v anglickém jazyce The topic of this thesis is the Health and Safety at Work (HSW). HSW is formed by a set of measures that when used properly, will create the conditions to carry out work without endangering the life or health of workers. These conditions contain also the workplace and the work environment (including adjustments to lighting, ventilation, drinking water supply, etc.). In the initial section, this thesis deals with the historical development of HSW and international organizations. The main part of this thesis consists of the applicable legislation, describes the liabilities of employers and the rights and obligations of employees and specifies several types of requirements (for the workplace, work environment, production and labor sources, the organization of work, etc.). It also deals with the control of health and safety at work from the point of view of the trade-unions, employee participation in HSW issues and the state supervision in this area. The final part of this thesis focuses on HSW in the sector of transportation.
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Coordination of social security in the EU and its application in the CR and Germany
Königová, Jana ; Tröster, Petr (advisor) ; Koldinská, Kristina (referee)
Coordination of social protection in the EU and its application in the Czech Republic and the FRG The thesis deals with the coordination of the social security systems of the EU Member States. It refers to the new basic regulation at the level of the European Communities, which is enshrined in the EC Treaty (Lisbon Treaty) and in the Regulation of the European Parliament and of the Council No 833/2004. The main role of this European regulation is to ensure the free movement of all workers and self- employed persons. To secure this, it is necessary to equate these persons with the native subjects. The starting point for the creation of a European social security system is Article 42 of the EC Treaty (Article 48 of the Lisbon Treaty) which defines two basic conditions of such a system. On the one hand, it must be ensured that benefits are also paid to the persons residing in other Member States. On the other hand, it must be ensured that all the periods completed by the legal systems of the individual Member States (without regard to the place of work) Be aggregated. This provision also obliges the Council to take such measures as are necessary to meet the objectives set out. Regulation No 1408/71 was a basic rule for this system until 30 April 2010. Since 1 May 2010, however, there has been a double...
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The legal position of the private healthcare providers in the Czech healthcare system
Dobiáš, Michal ; Tröster, Petr (advisor) ; Koldinská, Kristina (referee)
The purpose of my Master's thesis in law is to analyse the legal position which the private healthcare providers (i.e. operators of private healthcare facilities) occupy in the Czech healthcare system, particularly in the system of public health insurance. Since the private providers emerged in the Czech Republic only after the Velvet Revolution in 1989, the development of their position within the system is relatively short and unsettled. The legal regulation of the field is quite complicated, yet is the subject of strong political controversies, partly due to the generous but vaguely formulated constitutional right to free healthcare. Currently, the Parliament is in the middle of adoption of the healthcare reform of larger scale which would make changes that deserve to be examined. The thesis is composed of Introduction, three chapters and Conclusion. Each of the chapters aims on different aspect of the topic; however, they are interlinked by common legal institutes which play role in the whole thesis. First two subchapters of Chapter I are most general and introduce the possible ways of financing healthcare (public and private insurers, direct payment) and its specifics. The options of foreign citizens are also clarified. After the conclusion that the most important system in the Czech context...
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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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Provision of Health Care in Selected EU Countries and its Reimbursement
Hebort, Dušan ; Tröster, Petr (advisor) ; Vysokajová, Margerita (referee) ; Chvátalová, Iva (referee)
Provision of Health Care in Selected EU Countries and its Reimbursement Subject matter of this thesis is to analyze, compare and evaluate way of provision and reimbursement of health care in selected EU countries including Czech Republic. All investigated countries deal with budgetary difficulties while providing health care. This thesis aspires to find out a legal solution with respect to economic principles in order the system of provision and reimbursement of health care was financially sustainable. Focus of thesis lays in health services (health care in narrow sense), medicines and health appliances are mentioned occasionally. Terminology of the text is not confined to terms of health services or health care, both terms are used substitutable. Problems of provision and reimbursement of health care does not inhere in "services" or "care". Chapters are structured according to particular EU countries. First and most comprehensive chapter is devoted to Czech Republic, its legal regulations are default comparison test. Short historical retrospect follows overview of legal provisions with focus on problematic or attention worthy sections. Outline of forthcoming public health care reform puts something more emphasis on formal aspects against the content of relations in public health care. Within the...
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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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