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Interpretation of the Labor Code in the Case law of the Supreme Court
Lemfeldová, Magdaléna ; Tomšej, Jakub (advisor) ; Koldinská, Kristina (referee)
Interpretation of the Labor Code in the Case law of the Supreme Court Abstract The content of this master's thesis is an analysis of selected Case law of the Supreme Court with a focus on Labor law. The work is divided into three parts. The first part briefly discusses the principles of interpretation of private law with the specification of Labor law. It also describes the position of the Supreme Court and the importance of Case Law. The limits of judicial completion of the law are also specified, as well as when completion starts to interfere with legal certainty. The second and crucial part is the analysis of the already mentioned Case law. It is presented in a general section on the methodology of work and the specification of criteria that were key to the selection of the case law. The author's hypothesis is expressed that the Supreme Court tends to interpret the terms of the Labor Code contra verba legis and impose obligations on the addressees of the law beyond the law, thus interfering with the legal certainty of participants in labor-related relations. The decisions of the Supreme Court in the case of file no. No. 2034 / 2019-313, file no. 21 Cdo 3521 / 2019, file no. 21 Cdo 3955/2018, file no. 21 Cdo 224/2013, file no. No. 21 Cdo 1276/2016, file no. No. 21 Cdo 5825/2016, file no. 21 Cdo 4394/2010,...
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Social services and the role of non-governmental organizations in social security
Váňa, Marek ; Koldinská, Kristina (advisor) ; Hůrka, Petr (referee)
Social services are an important part of the system of social assistance. The object of social services is to help citizens in unfavourable social situations regarding their health, age, handicap or other serious grounds, if they can not solve their situation themselves. The services aim to maintain the highest possible quality and dignity for their clients. Social services provide meals, accommodation, assistance with bridging unfavourable social situations, care for people with a limited ability in the area of personal and home care, assistance with bringing up a children and also social counselling. The providing of social services was regulated by the social services act number 108/2006 Sb. This act shows actual trends that are similar in the whole Europe and brings a new approach to social services. Organization and control over this area of work belongs to the ministry of labour and social affairs in cooperation with regions and municipalities. This thesis focuses on the position of providers of social services after the adoption of the above social services act. The social services can be provided by for example organizations created by regional or local authorities, organisations such as citizen association, churches and citizens. The social services act put emphasis on the quality of social...
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Chosen organizations of Czech Caritas and their activities in the field of foreign humanitarian assistance and development cooperation
Večeřová, Klára ; Šťastná, Jaroslava (advisor) ; Koldinská, Kristina (referee)
(in English): The diploma thesis deals with the activities of Czech Caritas organizations in the field of humanitarian assistance and development cooperation abroad. The aim of the work is to explore the possibilities and limits of transferring and sharing "good practice". The work consists of a theoretical and practical part. The theoretical part is structured in three main chapters, which deal with humanitarian aid and development cooperation topics, describe the selected Czech Caritas organizations and define "good practice". The practical part consists of a descriptive research of the selected Czech Caritas organizations activities in the field of humanitarian assistance and development cooperation abroad executed between 2000 and 2016 and qualitative research of employee's approaches to mutual sharing of "good practice". Research questions are answered by combining questionnaire survey and interviews which are conducted with the help of the manual. The main results of this thesis is a summary table containing descriptions of activities in the field of humanitarian assistance and development cooperation abroad and presentation of employee's attitudes to "good practice" and its sharing.
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New regulations on the coordination of social security in the EU - basic principles and coordination of sickness benefits
Janalík, Václav ; Koldinská, Kristina (advisor) ; Štefko, Martin (referee)
It has been almost one year since the new Regulations No 883/2004 and 987/2009 came into force on 1.5.2010. These regulations replaced the former Regulations No 1408/71 and 574/72, which had been laying down the rules for coordination of the national social security systems for almost 40 years. As the extent of issue is relatively huge I have focused only on some aspects of coordination. The first chapter concerns the general concept of coordination and the sources of coordination law. It also includes the detailed description of personal and material scope of regulations. One part of this chapter is dealing also with some of the new concepts included in the regulation. The second chapter describes the basic social security coordination principles, ie. the principle of equal treatment, the principle of single applicable legislation, the principle of exporting the benefits and the aggregation principle. In addition to these four basic principles mentioned above new rule for the assimilation of facts is described. This is in fact a new principle, previously applied only on the basis of case-law. The third chapter focuses on organizational aspect at both EU and national levels. There are lists of all relevant bodies included together with description of their roles and responsibilities. The fourth chapter...
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Social aspects of ageing regarding homeless people in connection with systemic measures taken in the city of Prague
Pěnkava, Pavel ; Matoušek, Oldřich (advisor) ; Koldinská, Kristina (referee) ; Vágnerová, Marie (referee)
Homelessness is a socio-pathological phenomenon, caused by the inability of an individual to deal with crisis situations and leading to the lost of relationships but also the material environment. As a result of the above, the social exclusion of the individuals gradually becomes unchangeable. Here, Pěnkava (2013) describes the vertical decline within the social stratification, which brings a deep frustration and in a number of cases leads to resignation on the efforts to deal efficiently with the unfavorable situation. The causes of such collapse are multifactorial and hence, in order to solve them there is cooperation on the level of multidisciplinary teams needed. However, numerous issues are currently being solved by social workers only, who in many cases are forced to replace experts in fields such as law, psychology, pedagogy of leisure time, geriatry or medicine. The central theme of the dissertation is dealing with the possibilities and limitations of people without home in old age living in the Capital City of Prague. Considering the factors of age, the diversity in satisfying their needs and the associated risks involved, is this a specific group of people that is, moreover, at immediate risk to their lives and health. As a consequence, the dignity of these people is being hurt not only...
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Social security funding
Zemanová, Ivana ; Koldinská, Kristina (advisor) ; Štefko, Martin (referee)
Social Security Financing The purpose of the thesis is to analyze social security financing. The aim of the thesis is to outline the principles and legal regulation of social security financing and discuss the main issues such as regulation fees and possible changes in health care system. The thesis consists of introduction, five chapters and conclusion. The introduction contains an overview of the structure and content of the thesis. Chapter One contains historical review of social security and describes the social security law in the Czech Republic according to time periods. Chapter Two analyzes social security financing in general and deals with social expenditures, instruments of social security financing, financial methods of realization and compares types of social security system and ways of social security financing. Chapter Three contains the core of the thesis - social security financing in the Czech Republic. It describes valid enactment of individual subsystems of social security. Subchapter One focuses on social insurance which consists of retirement and sickness insurance and explains the details of insurance rate. It also discusses a new legal regulation of sickness insurance and refundof wages. Subchapter Two concentrates on financing of social support. Subchapter Three looks at the system...
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The efficiency of the legal regulation of care for senior citizens
Filípková, Hana ; Koldinská, Kristina (advisor) ; Vysokajová, Margerita (referee)
The effectiveness of legal regulation of care for the elderly - summary From the projected demographic development, one can conclude that the proportion of the elderly in the society will grow significantly in the future. Advancing age is generally accompanied by the weakening of self-reliance and the need of help from others to take care of oneself. The aim of this work is to capture the latest trends in taking care of the elderly and its legislative anchorage in the laws of the Czech Republic. The fundamental law from which I start is the act no. 108/2006 Sb. on social services. This act brought a large number of changes and new institutions into the department of care (not only for seniors), from which the most important was the introduction of care subsidy. The work is focused mainly theoretically, it is divided into seven chapters and further particular sub-chapters. The first chapter deals with embedding the social services into the social security law system, and also briefly with their historical development. These bases represent essential determinants that affect both the current state of social services, as well as their possible future development. The need for effective regulation of social services for seniors can be seen in the demographic indicators, which confirm the long-term trend towards...
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