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Illegal work and penalties for such work
Kmínek, Petr ; Morávek, Jakub (advisor) ; Hůrka, Petr (referee)
This thesis deals with selected issues of illegal work and its punishment, especially in terms of administrative offences. It focuses, in particular, on terminology related to illegal work, inspection activities of the labour inspection office and punishment of illegal work in administrative proceedings. The main reason why I have selected this topic is because I have been interested in labour law ever since I was studying it as a compulsory subject. There is a broad range of topics to choose from in labour law, but I have chosen the area of illegal work because of my previous experience from working in regional inspectorate of the State Labour Inspection Office, based in Ústí nad Labem, as this topic falls into its scope of authority. The main goal of this thesis is to provide a theoretical definition of illegal work, to describe the inspection procedure of employers and administrative procedure regarding the inspected entities. Furthermore, one of the goals of this thesis is to point out certain deficiency in current legal framework, especially regarding practical problems with the application of law. The prologue introduces the topic of illegal work, defines structure of this thesis and its mains goals. The thesis itself is then divided into four chapters. The first chapter focuses on dependent...
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Simultaneous performance of employment and directionship
Tomšej, Jakub ; Čech, Petr (advisor) ; Štenglová, Ivanka (referee)
The objective of this thesis is to analyse implications of simultaneous performance of directorship and employment. The division of the relationship between a company and its manager into two different legal relations, governed by different fields of law (employment and commercial law) is a common practice in the Czech business environment. Despite of this, it is contrary to the Czech Supreme Court case law. Therefore, my research is aimed at verifying the "no simultaneous performance of functions" principle and summarising its legal and practical implications. Another goal of the paper is to analyse the contemplated bill to amend the Commercial Code which is currently subject to political discussions at the Lower Chamber of the Czech Parliament as well as to investigate its implications for the subjects of law. The thesis consists of three chapters, which do correspond to the main goals of the thesis, as stipulated in the Introduction. Chapter One is introductory and defines legal instruments that are material for the conclusions of the thesis. It summarises main legal differences between employment and directorship. Chapter Two is divided into five parts, each of them approaching the "no simultaneous performance of functions" principle from a different viewpoint. The first part examines relevant Czech...
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Illegal work - performance of work outside the basic employment relationship
Benešová, Romana ; Morávek, Jakub (advisor) ; Matějka Řehořová, Lucie (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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Identifying obscured employment or: how to avert the associated risks
Doležal, Radim ; Morávek, Jakub (referee)
Identifying obscured employment or: How to avert the associated risks Summary The thesis explores the issue of obscured employment and obscured agency employment. Its roots are in practical experience and real needs of actual subjects. In practice, the issue of obscured employment and obscured agency employment is particularly important in relation to outsourcing of one's business activities to another person. However, the current legal regulation is not perfectly clear when it comes to definition of these two legal problems and their identification in practice. This is true especially in relation to the issue of obscured employment. Thus, the goal of this thesis is to identify the elements defining obscured employment and obscured agency employment. Added value of this thesis is then introduction of possible ways of how to organize an outsourcing relationship so that the relevant authorities do not assess such relationship to be obscured employment or obscured agency employment. In other words, how to avert the risks associated with obscured employment and obscured agency employment. This follows straight from the defining elements of these two legal issues identified in the thesis. The foundations of this thesis are laid in analytical definition of fundamental, mostly labour law, concepts used herein....
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Performance of dependent work through digital platforms
Hanzal, Vojtěch ; Pichrt, Jan (advisor) ; Tomšej, Jakub (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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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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Legal Status of Persons in Platform Economy
Menzelová, Kristýna ; Štefko, Martin (referee)
Legal Status of Persons in Platform Economy Abstract The thesis focuses on the legal status of persons who are involved in the platform economy. Under certain circumstances, these persons, called service providers in the thesis, are on the borderline between the legal status of an employee and the legal status of a self-employed entrepreneur. One of the causes of this unclarity is the practices of some digital platform providers that are applied to the service providers. These practices are commonly used by the employer to their employees rather than between business partners. For instance, these practices can include the control mechanisms, the evaluation system, or the unilateral determination of price and the way of service providing. The focal point of this thesis lies in an analysis of legal status of service providers resulting from the legal relationships that are concluded on digital platforms. Due to the unavailability of the contracts that are the base of these legal relationships, it is the terms and conditions of the particular digital platform providers that are used for the analysis. The labour law regulation is applied to the legal relationships defined in this way focusing on the question, whether the activity of service providers fulfils the characteristics of dependent work. Subsequently,...
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Labour law issues in the area of professional sports
Dušek, Šimon ; Tomšej, Jakub (advisor) ; Morávek, Jakub (referee)
Title of the thesis: Labour law issues in the area of professional sports Abstract This thesis concerns the relationship between labour law and the specifics of sports and sports activities as a mass society-wide phenomenon with a significant overlap into law. Legislation in the Czech Republic still does not follow the global trend in the area of status of professional sportsmen, which is oriented towards the explicit recognition of sportsmen as employees so the sportsmen are provided with the highest amount of rights possible as the weaker parties in relation to sports clubs. On the contrary, the position of the Czech sportsmen within the legal system is still unclear and the desired clarification is not provided even by the relatively extensive case law of the Supreme Administrative Court. In the vast majority of cases, the Czech sportsmen use the status of self-employment. In general, this thesis will focus on professional team sports, especially the football environment, whose legal framework provides the most suitable sample to demonstrate theoretical conclusions contained herein. For the purposes of comparison, the practice of Great Britain and its legal structure of sports environment will be analysed. The first part of this work will focus generally on sports and its specifics, mainly its separation...
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Legal Status of Persons in Platform Economy
Menzelová, Kristýna ; Štefko, Martin (referee)
Legal Status of Persons in Platform Economy Abstract The thesis focuses on the legal status of persons who are involved in the platform economy. Under certain circumstances, these persons, called service providers in the thesis, are on the borderline between the legal status of an employee and the legal status of a self-employed entrepreneur. One of the causes of this unclarity is the practices of some digital platform providers that are applied to the service providers. These practices are commonly used by the employer to their employees rather than between business partners. For instance, these practices can include the control mechanisms, the evaluation system, or the unilateral determination of price and the way of service providing. The focal point of this thesis lies in an analysis of legal status of service providers resulting from the legal relationships that are concluded on digital platforms. Due to the unavailability of the contracts that are the base of these legal relationships, it is the terms and conditions of the particular digital platform providers that are used for the analysis. The labour law regulation is applied to the legal relationships defined in this way focusing on the question, whether the activity of service providers fulfils the characteristics of dependent work. Subsequently,...
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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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