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Employment Relationships focusing on Employee Benefits
Dobešová, Michaela ; Macháčková, Sylva (referee) ; Musilová, Helena (advisor)
The thesis is about the issue of labour relations with a focus on providing benefits for employees. The theoretical part of the thesis focuses on defining the most important labor and economic terms for better understanding of the issue. The analytical part of the thesis describes the businessman XYZ s.r.o. and his current employment situation. The end of the thesis looks at the problem of the businessman and structure of employee benefits designed for employees. The benefits try to increase the competitiveness of the businessman and his attractiveness in the labour market.
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Employment Relationship in Terms of Wage Costs Optimization
Doleželová, Lucie ; Kindlová, Dita (referee) ; Musilová, Helena (advisor)
This bachelor thesis deals with the relationship between an employer and an employee in the ABC company. The theoretical part decribes the fundemental terms of employment relations from the legal, economical, tax and accounting point of view. The terms are further used in the analytic part of this thesis. On the basis of the analysis dealing with the current situation there are suggested possible solutions to the issue of a shortage of qualified employees.
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Illegal work - performance of work outside the basic employment relationship
Benešová, Romana ; Tomšej, Jakub (referee)
Illegal work - performance of work outside the basic employment relationship Abstract The topic of this diploma thesis is illegal employment according to the provisions of § 5 letter e) point 1 of Act No. 435/2006 Coll., on employment, as amended. The thesis deals exclusively with the fulfillment of the definition of illegal work by performing work outside the employment relationship, ie situations where there is either a concealment of dependent work, its performance without a valid employment contract or the performance of work on examination. The main goal of this work is to connect the field of employment with the field of administrative punishment and thus gain comprehensive knowledge about illegal work and its punishment. The thesis provides a detailed analysis of the current legislation on illegal work and links its wording with selected case law, thus creating a comprehensive overview of the issues addressed. This diploma thesis is divided into four main chapters. In the first part, the graduate focuses on the definition of the terms dependent activity and dependent work, which are necessary for understanding the issues of work outside the employment relationship. The second part of this work describes in detail the possibilities of fulfilling the definition of illegal work, while its important...
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Disguised employment relationship in transport of passengers and goods
Dolanský, Pavel ; Morávek, Jakub (advisor) ; Lang, Roman (referee)
Disguised employment relationship in transport of passengers and goods Abstract This master's thesis focuses on the issue of disguised employment relationship in the transportation industry, where the work of self-employed individuals is often used for the transportation of people and goods. This raises questions as to whether the nature of the work of a courier does not exhibit the characteristics of dependent work, which must be performed in a basic employment relationship. The thesis examines the nature of the relationship between companies operating in the transportation of people and goods and their contractual partners (couriers), particularly in terms of the possible fulfillment of the characteristics of dependent work. For this purpose, the issues of disguised employment relationship, including its consequences and the motivation of entities to engage in it, are clarified. Related concepts such as illegal work, outsourcing, and dependent activity are explained. Furthermore, attention is also given to the historical development of disguised employment relationship and its prohibition in legal regulations. Special emphasis is placed on explaining the defining features of dependent work as set out in the Labour Code as well as imported by case law. The liabilities associated with operating disguised...
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?Uplatňování práv zaměstnanců dle zákoníku práce ve vybraném podniku
Švehlíková, Lucie
The presented bachelor's thesis deals with the evaluation of the application of employee rights in a selected organization. The first part of the thesis is based on the theoretical framework of general requirements in the field of employment, and then the rights of employees are described theoretically, mainly using Act No. 262/2006 of the Labour Code. From this theoretical concept of the topic comes the analytical part, which is based on the preparation of a questionnaire survey. The analytical part is followed by the design part, which is supplemented by a cost calculation. The main objective of the thesis is to assess whether and to what extent the rights of employees in the selected organization are exercised in the performance of dependent work.
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The position of the employee in the changing world of dependent work
Tkadlec, Matěj ; Morávek, Jakub (advisor) ; Tomšej, Jakub (referee) ; Šimečková, Eva (referee)
THE POSITION OF THE EMPLOYEE IN THE CHANGING WORLD OF DEPENDENT WORK ABSTRACT This dissertation theses focuses on the issue of dependent work with regard to the phenomenon of the so-called sharing economy or platform economy. In its first part, I therefore discuss in detail what is actually meant by dependent work, what has been its historical development in our territory, and how its individual definitional features are interpreted, as defined in Section 2(1) of the Labor Code, as well as other features imported by case law, which are the consistency of work and its performance for remuneration. I conclude that the definition of dependent work as it is currently written in the Labor Code may in many cases erode the labor market rather than preserve legal certainty. The reason for this is that, particularly in the 21st century, the labor market is undergoing significant changes which, among other things, have resulted in new expectations, attitudes and requirements for mutual contractual relations on the part of both employers and employees. Strictly speaking, the definition of dependent work still corresponds to so-called factory work, but it is very skeletal when applied to more modern and flexible forms of employment such as those found in the IT sector or the sharing economy. For this reason, in the...
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Legal status of professional football players according to the labor law
Skokánek, Tomáš ; Tomšej, Jakub (advisor) ; Lang, Roman (referee)
In this thesis, I deal with the legal status of professional football players according to the labour law. The thesis is divided into three parts. The aim of the first part of the thesis was to analyze whether the performance of professional football is dependent work that must be therefore performed in a basic employment relationship. Furthermore, in this part I dealt with the possible forms of cooperation between players and clubs according to the current legislation in the light of the judgments of the Supreme Administrative Court, which I am analyzing. The aim of the second part of the thesis was to analyze the practical applicability of the Labor Code to the performance of a professional football. I also looked at the consequences for the players of the fact that they do not perform their activity in an employment relationship. The aim of the third part of this thesis was to consider whether a legislative change is needed to solve the problem of the uncertain status of professional football players. In this part, I draw attention to the risks associated with possible regulation, but I primarily propose, in my opinion, the best solution to the given situation. First in the annotated version, and then also in the paragraph version. The conclusion of this work shows that the position of professional...
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Illegal work - performance of work outside the basic employment relationship
Benešová, Romana ; Tomšej, Jakub (referee)
Illegal work - performance of work outside the basic employment relationship Abstract The topic of this diploma thesis is illegal employment according to the provisions of § 5 letter e) point 1 of Act No. 435/2006 Coll., on employment, as amended. The thesis deals exclusively with the fulfillment of the definition of illegal work by performing work outside the employment relationship, ie situations where there is either a concealment of dependent work, its performance without a valid employment contract or the performance of work on examination. The main goal of this work is to connect the field of employment with the field of administrative punishment and thus gain comprehensive knowledge about illegal work and its punishment. The thesis provides a detailed analysis of the current legislation on illegal work and links its wording with selected case law, thus creating a comprehensive overview of the issues addressed. This diploma thesis is divided into four main chapters. In the first part, the graduate focuses on the definition of the terms dependent activity and dependent work, which are necessary for understanding the issues of work outside the employment relationship. The second part of this work describes in detail the possibilities of fulfilling the definition of illegal work, while its important...
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Performance of dependent work through digital platforms
Hanzal, Vojtěch ; Štefko, Martin (referee)
PERFORMANCE OF DEPENDENT WORK THROUGH DIGITAL PLATFORMS ABSTRACT This thesis discusses the issue of work performance through digital platforms, especially regarding whether it is possible to classify such activity as "dependent work", particularly with regard to the laws of the Czech Republic. The thesis responds to the current legal "vacuum" surrounding the performance of work through digital platforms and the legal status of persons who perform such activity (referred to in the thesis as workers). The mentioned legal "vacuum" stems primarily from the absence of sufficient legal regulation in the given area and the "unconventionality" of such a way of performing work. Digital platforms describe their workers as independent entrepreneurs, and this practice is quietly tolerated by the Czech Republic (e. g. administrative authorities). However, there can be more than reasonable doubts about the veracity of such proclamation. Therefore, the thesis firstly analyzes the characteristics and conditions of dependent work according to the laws of the Czech Republic, which are then applied to the reality of the performance of work through digital platforms. Due to the number of their types, as well as the various systems that the platforms implement, three representatives were chosen for the purposes of this thesis,...
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Sport and labour law
Novák, Tomáš ; Pichrt, Jan (advisor) ; Morávek, Jakub (referee)
Title of the thesis: Sport and labour law Abstract This thesis deals with the legal status of professional athletes in team sports in the Czech Republic and primarily focuses on the question of whether the activity of professional athletes in team sports is dependent work and whether the current practice, where contractual relations between sports clubs and players as self-employed persons are mostly other than labour relations, is long-applied and by the public authorities tolerated false self-employment (in Czech the so-called "švarcsystém"). The first chapter initially deals with the definition of sport and its division, as well as the functions that sport has in society. It also provides a brief explanation of sports law, its basic principles and, last but not least, an insight into the current state of the legal regulation of sport in the Czech Republic. The second chapter of the thesis describes the position and activities of some entities with a significant influence on the functioning of the sports sector with the ambition to provide at least a basic insight into the organizational structure and the daily operation of professional sport. The following two chapters are the main part of this thesis. In the third chapter, the author presents the legal status of the professional athlete in team sports...
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