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Social entrepreneurship
Petrus, Šimon ; Tomšej, Jakub (advisor) ; Štefko, Martin (referee)
Social entrepreneurship Abstract Social entrepreneurship is a new way of providing social support that is increasingly gaining popularity. Social enterprises are popular initiatives that use market mechanisms to finance their goals that are beneficial to society. The aim of this thesis is to provide a comprehensive analysis of the phenomenon of social entrepreneurship, both its international roots for creating necessary context and especially its Czech form. It develops its topic into three thematic areas. The first one focuses on defining basic terminology of the field including the term social entrepreneurship itself, but also other terms such as social economy or third sector. It also introduces the basic conceptions of social entrepreneurship, namely European one and American one, while due to the greater relevance for Czech social entrepreneurship, more emphasis is placed on the European concept of social entrepreneurship. Last but not least, the most commonly used variation of social entrepreneurship is defined in the first chapter. Social enterprises in this subtype are called Work Integration Social Enterprises (WISE) and focus on the integration and employment of people who are disadvantaged in some way in the labour market. The second part of the thesis focuses on social entrepreneurship in the...
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Work from home
Losková, Monika ; Štefko, Martin (advisor) ; Tomšej, Jakub (referee)
Work from home Abstract The subject of this diploma thesis is work from home, which refers to work performed partially or entirely from an employee's domicile. The purpose of the thesis was to analyze the legal regulation regarding working from home and address selected problematic aspects related to it. The objective was to propose suggestions according to the designed law, which would help to align work from home with the current needs of employees and employers from a legal perspective. The diploma thesis is comprised of an introduction, seven parts, and a conclusion. The first part discusses work from home as dependent work, as well as two modes of performing work at home depending on whether the employee schedules their working hours or not, and what the consequences are for both the employee and employer. An amendment to the Labor Code which became effective from 1 October 2023 is also mentioned here in connection with the changes made to the regime of employees working from home who schedule their working hours, which now falls under section 317 subsection 4 of the Labor Code. The second part is dedicated to the historical development of legal regulation of work from home, from the 19th century when the initial legal regulation of work from home dates back to the present day. The third part is...
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Illegal employment and its sanction
Liškařová, Zuzana ; Tomšej, Jakub (advisor) ; Štefko, Martin (referee)
Illegal employment and its sanction Abstract The topic of this rigorous thesis is illegal employment and its sanction. The thesis focuses on the analysis of situations when illegal employment and the actual performance of illegal work is enabled and furthermore it takes a comprehensive view on the sanctions against illegal employment and illegal work. The aim of the thesis is to provide a comprehensive analysis of different types of illegal work, such as illegal employment of foreigners, non-contractual work and false self-employment. The thesis also aims to identify the causes and consequences of this issue and to analyze the possibilities to counteract this negative phenomenon. Attention is also paid to the sanctions that are associated with illegal employment and illegal work. The thesis is structured into nine substantive chapters and can be divided thematically into four main parts. The first part deals with dependent work, examining its characteristics, features and the conditions under which it is performed. The second part deals with illegal work itself, explaining the concept of illegal work and its development within the legal system of the Czech Republic. This part also deals with the types of illegal work, including illegal employment of foreigners, non-contractual work and false...
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Vaccination of employees
Herčíková, Tereza ; Štefko, Martin (advisor) ; Matějka Řehořová, Lucie (referee)
Vaccination of employees Abstract In her thesis the author looks at the topic of vaccination of employees. This issue is very actual, especially in the context of the recent pandemic of the covid-19 disease. Nevertheless, vaccination from the labour law point of view is a neglected topic in which many issues remain unresolved or interpreted contradictorily by the doctrine. The thesis besides an introduction and a conclusion consists of four chapters, in which a number of warnings about deficiencies in the legislation and suggestions de lege ferenda are presented. The first chapter of the thesis focuses on the legal regulation of vaccination against infectious diseases in the Czech Republic and its sources at the international and European level. The focus is mainly on the analysis of compulsory types of vaccination; however, the regulation of voluntary vaccination is not omitted. Furthermore, the conclusions of recent case law of the Constitutional Court and the European Court of Human Rights related to the compulsory vaccination are analysed and critically evaluated. The second chapter deals with the labour law aspects of vaccination. The author focuses on partial institutes of labour law and their application in connection with vaccination of employees. The chapter includes an analysis of the obligations...
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A Job Seeker and the Labour Office of the Czech Republic
Doušová, Jana ; Pichrt, Jan (advisor) ; Brádlerová, Libuše (referee) ; Štefko, Martin (referee)
A Job Seeker and the Labour Office of the Czech Republic Abstract The PhD thesis focuses primarily on the legal regulation of the Employment Act affecting the issue of job seekers within the activities of the Labour office, especially in the process of employment intermediation and in receiving unemployment benefits. The introductory theoretical interpretation of the fundamental social right guaranteed by the Charter of Fundamental Rights and Freedoms, i.e. the right to work, is followed by a treatise on unemployment and its development. A compact overview of this issue is given by a summary of the concept of employment policy in the Czech Republic and within the European Union and its state management within the Czech Republic. The main part of the thesis presents an analysis of individual provisions of the Employment Act from the practical point of view of the job seeker. It defines his rights and obligations starting by submitting an application for mediation of suitable employment to the Labor office register. These are discussed in detail in relation to the main instruments that the job seeker may encounter during registration, such as "appropriate employment", "serious reasons", "temporary incapacity to work", "non- conflicting employment", "illegal work", etc. The thesis contains a detailed analysis...
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Basic employment relations and their development tendencies
Štang, Michal ; Vysokajová, Margerita (advisor) ; Štefko, Martin (referee) ; Fischerová, Iva (referee)
Basic employment relations and their development tendencies Abstract The dissertation focuses on basic employment relations and tendencies in their development. First, attention is drawn to the conception of labour law and its position within the system of law. Second, basic employment relations are analysed, namely work performed under an employment contract, and work done under agreements other than an employment contract. Only such relations allow for what is called "dependent" work which is (a) subject to superiority of an employer and subordination of the employee, (b) done on behalf of an employer, (c) in compliance with an employer's instructions, and (d) the employee must do the work in person. Dependent work is the subject of individual employment relations. Legal regulation of employment relations is analyzed in the dissertation. A significant change was introduced by the Labour Code 2006. The main principle of the Code is that "everyone may do whatever is not prohibited by the Code, and no one may be forced to do what is not imposed by the Code" (or in other words "what is not prohibited is allowed"). Section 4 of the Labour Code expressly declares the principle of subsidiarity of the Civil Code in relation to the Labour Code, namely that employment relations are governed by the Labour Code;...
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Legal regulation and selected specifics of the service relationship of members of security forces and professional soldiers
Čechová, Tereza ; Vysokajová, Margerita (advisor) ; Štefko, Martin (referee)
139 Legal regulation and selected specifics of the service relationship of members of security forces and professional soldiers Abstract The thesis deals with the legal regulation and selected specifics of the service relationship of members of security forces and professional soldiers. The thesis offers an assessment of the individual legal regulations of the Law on Service Relations and the Law on Professional Soldiers, as well as their comparison. This is especially within the adequate jurisprudence, which in many places reflects the difficulties of applying the statutory amendments in practice. The thesis begins by discussing the very character, features and content of the service relationship. This is followed by a section dealing with the historical development of the legal regulation of the service relationship of members of the security forces and professional soldiers from the establishment of the Czechoslovak Republic to the present day. However, the core of this thesis is an assessment of the current legal regulation of the Law on Service Relations and the Law on Professional Soldiers. The thesis analyses in detail the conditions for the establishment of the service relationship of members of security forces and professional soldiers, as well as selected institutes of changes in the service...
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Some Aspects of Armed Forces regulations and Their Comparison Within The Czech Legal System
Čadková, Zuzana ; Štefko, Martin (advisor) ; Vysokajová, Margerita (referee)
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Working Time Account in the Czech Republic and in selected EU countries
Flachs, Milan ; Štefko, Martin (advisor) ; Tomšej, Jakub (referee)
The topic of the diploma thesis is the institution of working time account in the Czech Republic and in selected countries of the European Union. Its aim is to carry out a detailed analysis of the Czech legal regulation of the working time account and a comparative analysis with the foreign legal regulation, as well as to present the author's de lege ferenda considerations and to increase awareness of this unappreciated method of scheduling working time. The thesis contains an introductory part, which is devoted to the topic of working time in its traditional concept, and which, beyond the general interpretation, contains an analysis of the case law of the Czech courts and the Court of Justice of the European Union. In addition, the author discusses some practical problems that arise in the field of working time. This part lays the foundation for the following text and the author uses the interpretation contained therein as a frame of reference for the purposes of the other parts of the thesis. The second part of the thesis focuses on the legal regulation of the working time account in the Czech Republic, both its current version and its historical development. It presents a detailed analysis of all aspects of the working time account, both in legal- theoretical and practical terms. It describes...
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