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Redundancy payment and other forms of compensation in labour-law relations
Šimonová, Kateřina ; Morávek, Jakub (advisor) ; Štefko, Martin (referee)
In this Master's thesis there is discussed the subject of redundancy payment and other forms of compensation in labour-law relations. In individual chapters there are described different types of compensation, which the current labour law knows and at the same time there are mentioned even compensations for which employees shall have the right according to the previous legislation. Only marginally there are mentioned compensation provided within the civil service. The Master's thesis is divide into seven chapters. In the first chapter there is performed the systematic classification of compensations, which corresponds with the content of this thesis. Second chapter is focused on the general matters connected with severance payment such as the origin of claim for redundancy payment, difference between contractual and statutory redundancy payment, paying of redundancy payment or return of redundancy payment. There is perform also the comparison with redundancy payment according to the Act No. 65/1965 Coll., Labour Code in effect until 31st December 2006. Third chapter is focused on manners of the termination of labour relation establishing the claim for redundancy payment. In detail there are analysed manners of the termination of labour relation by an employer and termination of labour relation by...
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Personal data protection in labour law relationship
Morávek, Jakub ; Bělina, Miroslav (advisor) ; Pichrt, Jan (referee) ; Brádlerová, Libuše (referee)
PERSONAL DATA PROTECTION IN LABOUR LAW RELATIONSHIP JUDr. Jakub Morávek The thesis is concerned with personnel data protection in connection with labour-law relationships. Personnel data protection issue is approached completely here and explanation of it is organically interconnected with cases of its use in labour-law relationships. Factually the thesis is output of grant-aided project GAUK No. 121009 "Personnel data protection in labour-law relationships" researcher of which the author was in the years 2009 - 2012. By no chance the name of above mentioned grant-aided project is identical with the name of the thesis. From the very beginning of the research of the project a monograph dealing with personnel data protection in the context of labour-law relationships, or more precisely thesis dealing with this topic that would be published, was planned as its output. Within four years of intense engagement in personnel data protection in labour-law relationships, in three of which the author worked on above mentioned project, almost thirty articles and papers in professional periodicals and collections,monograph anda rigorous thesis focused on personnel data protection in the process of employment relationship commencement, monograph focused on personnel data protection in the process of personnel...
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Contractual restriction of performance of other gainful activity of an employee
Štěpánová, Lucie ; Morávek, Jakub (advisor) ; Hůrka, Petr (referee)
Contractual restriction of performance of other gainful activity of an employee This thesis has three main purposes. The first purpose of this thesis is to analyse the non-competition clause in the Labour Code, which is the only means of contractual restriction of performance of other gainful activity of an employee. I also focus on identification of eventual problems that might occur when applying this legislation. The second purpose of this thesis is to compare selected questions concerning the non-competition clause in Czech and German law. The third purpose of this thesis is to present suggestions de lege ferenda and to propose amendments to the Labour Code. The thesis is divided into five main chapters. The first chapter is followed by the second chapter, which is subdivided into four subchapters. The first subchapter deals with the restriction of other gainful activity of an employee identical with the scope of business of the employer for the duration of employment. This restriction arises directly from the Labour Code. The second subchapter focuses on the restriction of business activities of the employees employed in public administration. The third and the fourth subchapter contain a general description of non-competition clause in the Labour Code and prohibited non-competition clause in...
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Whistleblowing - protection of whistleblowers
Jireček, Přemysl ; Pichrt, Jan (advisor) ; Morávek, Jakub (referee)
The theme of this diploma thesis is the phenomenon of whistleblowing, which has recently become increasingly discussed. The thesis contains seven chapters, in which the author describes the issue of whistleblowing both in theoretical and practical level. Emphasis is placed on defining the concept of whistleblowing, its historical development and exploration of the roots of the first modern whistleblower legislation, which was adopted in 1978 in the United States. The thesis also shows some specifics of whistleblower legislation in countries with Anglo-Saxon legal culture. In the second half, the author deals with the international commitments of the Czech Republic in the area of whistleblowing. It is also mentioned relevant case law of the European Court of Human Rights. Big part of the thesis is devoted to describing the state of the current whistleblowing legislation in the Czech Republic, which is considered to be greatly insufficient. In conclusion, the author suggests de lege ferenda legislative recommendations for future whistleblowing legislation in the Czech Republic.
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Whistleblowing
Bartošová, Tereza ; Pichrt, Jan (advisor) ; Morávek, Jakub (referee)
in English The author's thesis deals with the topic of whistleblowing, which is currently very relevant, because two legislative proposals about the protection of whistleblowers have been submitted recently and also because of the adoption of Government Regulation No. 145/2015, which establishes treatment of notification for state employees. The thesis discusses and presents the views of many authors on the concept of whistleblowing, whistleblower, further it clarifies the division of internal and external whistleblowing and also divides the reporting of whistleblowing on public, confidential and anonymous. The work also presents the history of qui tam actions that are highly associated with the history of whistleblowing. The thesis presents selected aspects of foreign whistleblowing arrangements, namely in the United States of America, which has a long tradition of whistleblowing. The new law to protect whistleblowers, which is effective from 1st January 2015 in the Slovak Republic, is examined in the thesis as well. The author also points out the international obligations for the Czech Republic, which result from the membership in the international organizations and also from being in the European Union. The work provides an overview of the most important documents about whistleblowing in the...
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Transfer of rights and obligations arising from employment relations
Košnar, Michael ; Hůrka, Petr (advisor) ; Morávek, Jakub (referee)
The thesis focuses on the transfer of rights and obligations arising from employment relations. This legal institute is primarily aimed at the protection of employees during the transfer of undertakings, which can negatively affect their employment relations. The matter is regulated under the Transfers of Undertaking Directive 2001/23/EC. In addition, it is regulated under Czech law, mostly by articles 338-342 of the Czech Labour Code No. 262/2006 Coll. The thesis involves critical assessment of the EU and Czech regulation of the issue including relevant case law of the Supreme Court of the Czech Republic and the Court of Justice of the European Union(CJEU). Furthermore, it aspires to identify the possible problems arising from the current regulation and aims to find their possible solutions. The most essential questions are; when the transfer of rights and obligations occurs according to legislation currently in force and when it should occur in the case the legislation is to be amended. The thesis consists of three chapters. The first introductory chapter provides the reader with a necessary theoretical background. The second chapter contemplates the Directive 2001/23/EC and predominantly focuses on the material scope of the Directive in the light of the relevant case law of the CJEU. Finally,...
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The Notice of Termination in Comparison To a Corresponding Peruvian Legislation
Vlčková, Michaela ; Morávek, Jakub (advisor) ; Štangová, Věra (referee)
84 Abstract Main theme of this diploma thesis is notice of termination of employment, in particular by the employer. The goal is to fully describe and analyze legal institution of notice. At first the Czech legal regulation is described, then it deals with a regulation of notice of termination according to the Peruvian legal system. The emphasis is put on notice of termination in Peru by the employer and aim is taken at comparing both laws and propose possible future reciprocal inspiration. The thesis is divided into five chapters, the first chapter focuses on labor law, its conception, function and origin, employment as such and describes possible methods of its termination (agreement on termination of employment, summary dismissal, summary dismissal during trial period, termination on the basis of official decision, termination following legal event). The second chapter elaborates the notice of termination with emphasis on termination by the employer according to Czech law, its formal requirements, its proper delivering, reasons for termination, prohibition of termination on period of protection and applicable exceptions. The third chapter is about labor law in Peru in general, about employment, its elements, termination options and development of job security. The fourth chapter is dedicated to the...
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Covenant not to compete in the legal system of Czech republic and the USA
Vraždová, Michaela ; Štefko, Martin (advisor) ; Morávek, Jakub (referee)
The aim of this thesis is to describe the current legal regulations of covenant not to compete in the Czech Republic and the USA - particularly in the states of New York and California, to refer to the advantages and disadvantages of these regulations and to think if these very different regulations could inspire each other in some areas. I decided to write half of the thesis about covenant not to compete in the USA because of my study experience in American law school where I understood more closely the common law system of law and because I did not find any Czech article which would write about this topic in the USA and I wanted to fill in this blank space. This thesis is devided into three parts. The first chapter is dedicated to the current wording of covenant not to compete in the Czech Republic. In the particular subchapters there are described the constitutional roots of covenant not to compete, which activities can be banned by the covenant not to compete, which information the employee must have acquired, with what types of employess the covenant can be entered into and in what area scope, what is the maximum time period during which the employee can be banned, what compensation the employer has to pay to the employee and how the covenant can be terminated. The sources for this chapter...
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Selected issues of status of a professional athlete
Mareš, Ondřej ; Pichrt, Jan (advisor) ; Morávek, Jakub (referee)
Thesis title: Selected issues of status of a professional athlete This paper deals with a status of a professional athlete in relation with sports organisation in which he realises sporting activities. After analysing today's praxis and the whole complex of relations of professional athlete related to his sporting activities author supports an idea that the relation of a professional athlete and the club is similar to the one of an employee and an employer of that intesity that incorporation of status of a professional athlete to the status of an employee in Czech republic is only a matter of time. That is why in latter part of the paper there are analysed some of the main enactments of the czech code of labour which would be in case of the incorporation mentioned above de facto incompatible. Before uncovering lots of problems which would be caused by adoption of status of an employee by a professional athlete in team sports the work heads to the international area, where it elaborately examines some of the most significant cases dealt with by the European Court of Justice. Above all there can again be seen undisputable tendency of taking a professional athlete similar to an employee. Furthermore the significant role of European law in affecting intrastate law and the posibility of pressure on...
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Whistleblowing
Švandelíková, Klára ; Morávek, Jakub (advisor) ; Pichrt, Jan (referee)
This thesis addresses the subject of whistleblowing. This is currently very topical in the Czech Republic, due to the recent Decree of the Government on measures regarding reporting of suspicious activities in civil service bodies as well as on-going legislative works. These works are aiming to create new law, which aspires to deal with whistleblowing in a more comprehensive manner. The thesis also addresses existing regulations that deal with whistleblowing. The constitutional system offers some rules on which you can base the lawfulness of whistleblowing. Individual regulations can be found in labour law, criminal law, administrative law or civil law. Legislation of protection of personal data and protection of journalistic sources are also relevant. There is still debate as to the exact definition of whistleblowing. In this thesis whistleblowing is defined as reporting harmful or unwanted conduct by internal or third parties, via a specific system of notification relevant to an entity's (in which the reporting occurs) scope. In all cases the informant should be protected from retaliatory measures. This thesis also addresses the history of experience with whistleblowing, in America up to the second half of the 18th century. Part of the thesis is also dedicated to international legislation...
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