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Transfer of Undertakings
Havlík, Jakub ; Hůrka, Petr (advisor) ; Matějka Řehořová, Lucie (referee)
Transfer of Undertakings Abstract This thesis elaborates on the transfer of undertakings safeguarding employees, rooted in the European legislation in the Council Directive 77/187/EEC of 19 February 1977, replaced by the Council Directive 2001/23/EC of 12 March 2001 on the approximation of the laws of the Member States relating to the safeguarding of employees' rights in the event of transfers of undertakings, businesses or parts of undertakings or businesses. Firstly, the European legislation on the transfer of undertakings is briefly analyzed, including its historical transposition into the Czech legal system and an analysis of its interpretation in the case-law of the Court of Justice of the European Union. The analysis of this legislation focuses in particular on the general nature of this institute of transfer of undertakings and on its basic pillars, such as the automaticity of the transfer, the economic unit preserving its identity, the preservation of working conditions and others. The next part of the thesis analyses the Czech regulation anchored in Act No. 262/2006 Coll., the Labour Code, as amended until 29 July 2020, which is gradually compared with the regulation at the European level, highlighting the fundamental differences caused by the somewhat loose transposition of the European regulation...
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The right fair remuneration in labor relations
Kavková, Jana ; Morávek, Jakub (advisor) ; Matějka Řehořová, Lucie (referee)
The right to fair remuneration in labor relations Abstract This diploma thesis deals with the right to fair remuneration in labor relations. The topic was chosen mainly thanks to its still high topicality, which is confirmed, among other things, by the submitted proposal for a new directive of the European Commission. Fair remuneration is part of many strategies and initiatives, based primarily on the activities of the European Union, where the Czech Republic is significantly affected by those activities. The aim of this work is to analyze and evaluate the Czech legislation in the context of international sources, especially in comparison with European law. The thesis is divided into an introduction, five parts and a conclusion. The first part is an introduction to the basic concepts related to fair remuneration and to the functions of remuneration. The second part is devoted to selected international conventions, which enshrined the right to fair remuneration and thus significantly contributed to the development of social rights in individual Member States. The greatest attention is focused on the law of the European Union, and the development of future legislation is also outlined. The following third part analyzes and evaluates the Czech legislation. The differences between wages and salaries are...
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The Obligation of an Employer to compensate for non-pecuniary damage
Matějka Řehořová, Lucie ; Pichrt, Jan (advisor) ; Bognárová, Věra (referee) ; Štefko, Martin (referee)
The Obligation of an Employer to compensate for non-pecuniary damage Abstract The presented dissertation thesis deals with the topic of the employer's obligation to compensate for non-pecuniary damage. It comprehensively presents the issue of the employer's obligation to compensate for non-pecuniary damage, from the constitutional and theoretical basis of protection of human life and health, through pointing out to the reflection of the basic principles of labour relations in the field of non-pecuniary damage, to the definition of specific application problems in claims of non-pecuniary damage, including a proposal for their solution. The thesis does not neglect the relevant case law of the highest national and international courts, including the analysis of its impact on the interpretation of selected legal institutes in the field of non-pecuniary damage compensation. Thorough attention is paid to the general principles of non-pecuniary damage and a comprehensive interpretation of selected institutes in the field of applicable legislation on compensation for non-pecuniary damage in civil and labour law, including legislative proposals de lege ferenda. In the thesis, as one of the research questions, a possible subsidiary application of the Civil Code to the field of the liability employment relations is...
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