|
|
Termination of employment relationship by notice
Kynštetrová, Zuzana ; Štefko, Martin (referee) ; Štangová, Věra (referee)
The thesis analyzes the employment termination by notice, both in terms of the formal requirements of a valid legal act leading to the termination of employment in particular by notice, and in terms of judicial practice in deciding labor disputes, particularly disputes concerning the invalidity of termination of employment terminated by the employer's notice. The thesis is written according to applicable laws of the Czech Republic, EU law and international conventions relating to the issue of termination of employment.
|
|
|
Deciding of the Czech Social Security Administration upon benefits from pension insurance
Růžička, Roman ; Zemanová, Jana (referee) ; Štefko, Martin (referee)
This thesis deals with the application of the law on pension insurance. Thus its subject is not only the legislation itself, but this thesis is much rather devoted to the interpretation of law on pension insurance and to the limits given by the nature of the legislation, to the application practices and to the analysis of decision-making mechanism. Within the framework of this thesis the emphasis is put on the question of evidence. In this context, the work underlines the time frame of facts required to be proven and the requirement for aplication of already void legislation. Special attention is paid to the use of a special decision-making procedure which allows to forgive requiremets for meeting legal conditions in particular cases. In this thesis I formulate arguments in favor of using the methodological pluralism rather than strict clinging to a grammatical method of interpretation, arguments for prefering principle of procedural efficiency to investigative principle in some justifiable cases and for precisely expressed binding legal opinions made by courts as outcomes of judicial review. Conclusions formulated in this thesis are based on an analysis of the legislation, literature, judicial decisions (especially made by the Supreme Administrative Court), and last but not least on the basis of...
|
|
|
Flexible forms of working hours
Fejfárek, Martin ; Hůrka, Petr (referee) ; Štefko, Martin (referee)
- Flexible forms of working hours This diploma thesis, in a broader context, represents the issue of flexible forms of working hours. Flexibility of working time is an important part of flexibility of labour law and also of flexibility of the whole labour market. Regulation and practical use of flexible forms of working hours are current issues and the aim of this thesis is to provide comprehensive but clear explanation of these issues. As theoretical bases, the thesis includes parts focused on selected legal principles, international and national regulation of working time and the concept of flexibility. The main part of the thesis is divided into three sections, of which the first one deals with the practical use of flexible forms of working hours, the second one presents particular forms of working hours which are regulated in the Labour Code and the third one is devoted to flexible forms of working time, regulation of which the Labour Code does not include.
|
|
|
Monitoring of employees during work
Holsteinová, Lenka ; Morávek, Jakub (advisor) ; Štefko, Martin (referee)
THE MONITORING EMPLOYEES AT WORK The thesis deals with the legal protection of privacy and property in connection with the employees monitoring. The legal practice solves this problematic area in a different ways, which makes this topic highly actual. The thesis is composed of six chapters, each of them describes important aspects of the employees monitoring. First two chapters are introductory and define basic terminology and legal principles related to the personal data protection. Chapter Three focuses on the privacy as a fundamental human right and points out the issue of the confrontation with other values. Possibilities to enforce the right of privacy are outlined in the last part of this chapter. Chapter Four examines relevant Czech legislation concerning employees monitoring and personal data protection in labor law relations. The means of employees monitoring are analyzed in Chapter Five, which is subdivided into five parts - camera surveillance systems, correspondence confidentiality, internet use, GPS localization and biometric identification and authentication. Chapter Six seeks to describe the relevant Czech case law and illustrates the approach to decision-making by the administrative authority. The thesis strives for the brief analysis of employees monitoring in terms of generally binding...
|
|
|
Mass dismissal
Spejchal, Petr ; Štefko, Martin (advisor) ; Kotous, Jan (referee)
title: Collective redundancies key words: labour law collective redundancies consultation This study focus on collective redundancies. In the first part is analysed legal regulation in Czechoslovakia in 30ies of the 20 century. Then it was considered as an easy and cheap solution for current issue of high unemployment and economic crisis with small impact on state budget. The analysis of legal regulation is based on archive sources and standard law interpretation methods. The legislation process is also discussed. Strong positon of the state is characteristic of first republic regulation. The public authority could even ban collective redundancy. In the second part the analysis is aimed at the development of European law regulation of collective redundancies. The context of its genesis is explained. The legislative process of all three Directives is described in detail. The study highlights the purpose of the law regulation. Afterwards the analysis focuses on interpretation of Directive 98/59/EC based on Court of Justice of the European Union case law. The basic definition of collective redundancy, all legal persons, and consultation procedure is examined gradually. The position of public authority within the consultation procedure is addressed. Finally critical review is made of all Directive...
|
|
|
Selected issues of the hiring of employees
Častová, Zuzana ; Štefko, Martin (advisor) ; Hůrka, Petr (referee)
The topic of the diploma thesis are selected issues of the hiring of employees. Within the scope of this work I would like to refer to wiles, which lie in ambush for aplicants for a job already at the very beginning of selection procedure, and that is why I aimed above all on the issue of discrimination in the course of hiring employees, which is recently by general public very popular subject matter. In introductory three chapters I make a bid for brief explanation of principle of equality, equal treatment and prohibition against discrimination so that I may further devote myself to the principal object of submitted thesis. The content of the fourth chapter is the treatise on unequal treatment in the period prior to beginning of employment, so in the course of selection procedure. As results from the findings of the research of ombudsman and Czech Helsinki Committee, the aplicants for job very often face discrimination already by the first contact with prospective employer, so in job advertisement. In fifth and sixth chapter I analysed national and european antidiscrimination legal context and relevant case law, chosen on my own. In both cases I would like to point out to really dynamic development in recent years, moreover both areas complement each other, but also influence one another. In the...
|
|
|
Comparation of Czech and Polish regulation of temporary agency work
Czeczotka, Andrzej ; Pichrt, Jan (advisor) ; Štefko, Martin (referee)
The topic of this thesis is regulation of temporary agency work in the Czech Republic and the Republic of Poland. The stress is put mainly on the comparison of individual areas of regulation in both countries and describing the substantial differences. The goal of the paper is to contribute to better understanding of this special issue of the labour law and to introduce foreign incentives to the discussion about the pros and cons of the practice related to using temporary agency work in the Czech Republic. Finally this paper may also serve as a source of reflections de lege ferenda. In the first part this thesis focuses on the description of the basic characteristic of temporary agency work. The different points of view of this issue are introduced gradually, especially in the context of the other labour market services, next a brief description of the sources of international law in this area follows, and finally short historic excursus into the development of the regulation in Poland and the Czech Republic is presented. The second part is devoted to the public law regulation of temporary agency work, especially to acquiring the license for running a work agency and the obligations arising from the public law. Regulations in both states are divided into the separate chapters. The last part involves...
|
|
|
Flexicurity and its projection to Czech labour law
Foltýnová, Magda ; Hůrka, Petr (advisor) ; Štefko, Martin (referee)
The theme of this thesis is to find the elements of flexicurity occurring in the various institutes of the Czech labor law and to study their interactions. The phrase flexicurity arises from the combination of two English words of opposite meaning, flexibility and security (safety, protection). Flexicurity is a certain concept of the labor market and may intervene in larger sense to the social security law and employment policy. The concept of flexicurity in the context of an employment relationship is an attempt to create a relationship between the employee and the employer, which will be flexible enough to contractual arrangements between employer and employee, while maintaining a sufficient level of protection for employees. This thesis is divided into several parts. It consists of an introduction, four chapters further divided into the subchapters and a conclusion. The first chapter deals with a general introduction to the labor law, its historical development and relationship to European Union's legislation. In the second chapter are mentioned the basic principles of labor law, the definition of labor law as a relatively independent branch of the law including the relationship to other branches of the law. The third chapter is devoted to the explanation of the concept of flexicurity, to the...
|
|
|
Employment tribunals and courts in selected EU member states
Bezděková, Barbora ; Drápal, Ljubomír (advisor) ; Štefko, Martin (referee)
The thesis deals with the regulation of individual labour disputes settlement provided for in the law systems of the EU member states. The law systems chosen for comparison are the ones of the Czech Republic, England and France. In the first chapter there is an outline of the obligations resulting from the international and European legislation in the area of labour disputes settlement. In the following three chapters the Czech, English and French regulations are described subsequently. The individual regulations of the above mentioned countries are analyzed with reference to the institutions endowed with authority to settle individual labour disputes, the participation of lay members in the process of decision making, the proceedings at the courts of first instance as well as the proceedings at the higher courts and last but not least with reference to the means of alternative dispute settlement. In the second chapter dedicated to the Czech regulation the historical context is also mentioned. In the final part of the thesis the results of the analysis are compared and suggestions for the future Czech regulation of labour disputes settlement are offered.
|
|
|
The Concept of Worker in the European Law
Kunertová, Tereza ; Tomášek, Michal (advisor) ; Smolek, Martin (referee) ; Štefko, Martin (referee)
The author in its Dissertation thesis deals with the concept of worker under the free movement rights in EU law. Following the introduction, the thesis itself focuses on the positive and negative delimitation of the concept. One of the core chapters of the "positive part" tries to find an answer on the research question whether any "Keck-like" principle exists as a criterion for defining obstacles to the free movement of workers. The aim of the chapter is to find an answer what shall be subsumed under the obstacles to free movement of workers and what are Member States left with to regulate freely on their territories. In regard with the negative delimitation of the concept, the author deals with the diversion between workers and non-economically active citizens of the EU. The core chapter deals with the growing tendency of Union citizens to move to the host Member States to study while retaining the status of a worker.
|
guest ::
