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Welfare during unemployment
Brokešová, Michaela ; Štefko, Martin (advisor) ; Lang, Roman (referee)
This diploma thesis entitled "Welfare during unemployment" analyses the current legislation of the unemployment benefits in the Czech Republic and its individual aspects. The thesis focuses on a wide range of applicative and practical problems associated with it. Considering the systematic perspective, the thesis is divided into six chapters. The first part of the thesis provides a theoretical introduction, which is the basis for the understanding of the problem of unemployment in general. A reader gets familiar with its types, importance for individuals and also the consequences of loss of employment. Also, this chapter explains the reason why the different percentages have been reported in the unemployment statistics. On one hand, it is caused by the double calculation performed by the Ministry of Labour and Social Affairs, and by the Czech Statistical Office on the other. The key concept of legal relations in employment is the right to work as a fundamental social right enshrined in the Charter of Fundamental Rights and Freedoms, which is further discussed in the second chapter. Furthermore, the right to employment regulated by the Employment Act has been defined and the differences between them have been explained. The third chapter deals with the state employment policy, which is divided into...
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Agency employment
Dohnal, Martin ; Štefko, Martin (advisor) ; Lang, Roman (referee)
Agency Employment Abstract My diploma thesis is focused on the agency employment. The institute of agency employment was integrated to our system of the legal regulations in 2004 and nowadays it is a very popular alternative of traditional employment. Employers perceived it as an institute that enables them to react quickly and effectively to the changes which take place on the labour market and therefore gain the needed employees in the right time. I decided to write about this topic mainly because agency employment is very interesting issue with great business opportunities, but unfortunately the Czech regulation isn't as complex and clear as it could be. Therefore, I find this topic quite intriguing. The thesis is divided into introduction, conclusion and six more chapters. First chapter introduces the term and origin of the institute of agency employment within the Czech system of legal regulations. Next chapter focuses on the legal regulation of agency employment. Firstly, I mention very briefly history of the agency employment legislation, then I focus on the international legislation of the agency employment and last but not least I also give a short excursion into European legislation. In the third and fourth chapter I analyse in depth private law aspects of the agency employment and then also...
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Legal aspects of care for dependent persons
Presser, Šimon ; Lang, Roman (advisor) ; Morávek, Jakub (referee)
Legal aspects of care for dependent persons More than half a million people in the Czech Republic is directly affected by the issue of care for dependent persons. It concerns not only those who are relying on care due to a physical or mental disability, but also those who provide the necessary care. Regarding the providers, so-called informal carers constitute majority of them. They are often family members who provide care without any official formalization, contract, or registration. However, as a group, informal carers are repeatedly overlooked. While emphasising the rights, duties and needs of both dependent persons and carers, this paper aims to comprehensively evaluate the current legal framework regulating the care for dependent persons. Firstly, the system of care in the Czech Republic is generally described followed by the presentation of specific forms of care highlighting the position of informal carers. Secondly, the paper brings up an analysis of basic activities of daily living that are crucial for the assessment of dependence. Subsequently, the administrative procedure in which the assessment is undergone is closely depicted. Nevertheless, the main focus of the paper lies in the analysis of the rights and obligations of the persons dependent on care and the informal carers. Hence,...
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Flexible performance forms of dependent labour
Česal, Tomáš ; Morávek, Jakub (advisor) ; Lang, Roman (referee)
FLEXIBLE PERFORMANCE FORMS OF DEPENDENT LABOUR - ABSTRACT The paper deals with individual flexible forms of the dependent labour and their legal regulation in the framework of the Czech law. As a hypothesis a claim is stated, that the flexibility is in general very low, or more precisely that the legal framework regarding flexible forms of dependent labour is highly rigid. The method of analysis of primary and secondary sources is used in order to examinate the claim. Introduction of the paper is concerned with theoretical excurse into manifestation of flexibility in the labour law, or more precisely in the area of chosen topics which closely relate to the theme of flexible forms of dependent labour. Flexibility is examined in context with important phenomena occurring in labour law: flexicurity, protective and organisational functions of labour law, subsidiarity of civil law to labour law, liberalisation etc. Partial conclusions concerning individual institutes are presented in topical chapters, whose layout is chosen accordingly to the basis of current prevailing concerning doctrine. Considerably more attention is given to those flexible forms, whose future progress could be anticipated. This way, an area for research is shown. These areas include for example joint work duty, on-call duty and...
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Selected aspects of occupational safety and health protection
Houthoofdtová, Emilie ; Štefko, Martin (advisor) ; Lang, Roman (referee)
Selected aspects of occupational safety and health protection Abstract This thesis focuses on legal regulation of selected aspects of occupational safety and health (OSH) protection in the context of Czech law. This is a classical area of labour law whose importance grows together with the growing complexity of working practices. The aim of the thesis is to provide a description of the current regulation and subsequently to analyse selected aspects related to the educational sector. The thesis is, apart from introduction and conclusion, divided into six chapters. In the first chapter, the historical development of OSH is outlined in order to give context to the consecutive chapters. The following chapter provides an overview of the sources of law, since the area of OSH is heavily influenced by the European as well as the international law and the regulation on the national level is considerably fragmented. In the third chapter attention is paid to the rights and obligations of the employer, which are analogous to the fourth chapter, concerning the rights and obligations of the employees (in the field of occupational safety and health). OSH is closely linked to the risk assessment, which is key to successful implementation of OSH standards and greatly helps to reduce occupational injuries and illnesses....
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The principle of solidarity and its impact on the Czech social security system
Bohuněk, Metoděj ; Koldinská, Kristina (advisor) ; Lang, Roman (referee)
66 The principle of solidarity and its impact on the Czech social security system Abstract This thesis studies and describes the application of the social solidarity principle in the social security law, which is an elementary principle in this field. It is a widely discussed topic, as the extent of its application directly impacts the standard of living for most people. It is the care for the needy that determines the cultural character of given society. The thesis consists of the general part and the special part. In the general part, the social solidarity principle is defined, as well as other principles: the contradictory principle of equivalence, the justice principle and the subsidiarity principle. The general part also deals with the philosophical and historical context of solidarity that stems from the Jewish-Christian roots of the European culture. In the modern era, it focuses on the evolution of the conception of solidarity and solidarity principle in the area of the Bohemia, Moravia and Silesia. It shows that the current state of the social security system builds on the rich intellectual past of Czech economists and lawyers. Moreover, there are inspiring people and ideas in this area nowadays. It is a never-ending task to keep looking for the best among them. The special part analyses the...
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Termination of employment on health grounds - comparison
Klika, Petr ; Tomšej, Jakub (advisor) ; Lang, Roman (referee)
This thesis provides the reader with a comparative study of the termination of employment as a result of the state of health of the employee. The compared legal systems are the legal system of the Czech Republic, Austria and Italy. For better understanding of the topic of the thesis, the Austrian and Italian system of sources of law related to the topic and the categories of employees distinguished under Austrian and Italian law are briefly described. Statistical data concerning the topic of the thesis (e.g. the number of work accidents in the three countries per year) are provided as well. Based on the extent of the thesis, the historical development of legal regulation is not analysed. The structure of the chapter is based on the legal institutes, which are always described in relation to all of the three states in one chapter. The thesis is based on the method of comparative analysis. Especially in relation to the Italian legal system, notes concerning the translation of the texts of laws are involved, because the legal institutes do not always correspond with the labour law of the Czech Republic. The sources used for the creation of this thesis were published in German, Italian, English and Czech. The sources of labour law of Austria and Italy are briefly described and analysed. The first...
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Legal aspects of social housing considering the bill on social housing
Hon, Matěj ; Lang, Roman (advisor) ; Štefko, Martin (referee)
The thesis explores legal assumptions of social housing in the Czech Republic. Defining social housing, the thesis frames the topic in the relation to other terms - housing policy, right to housing, or residential social services. Characteristics of the Czech social security system are shown in the historical perspective of Czech Lands since the second half of the 19th century. Based upon the historical investigation, author deduces major structural consequences for the contemporary social housing. The main goal of the thesis is evaluation of the ongoing legal frame regarding to applicability of new trends of social housing. Reflecting upon the recent development, the thesis also deals with unsuccessful bills on social housing and shows major trends in the Czech social security system which are related to housing. The thesis draws upon an analysis of legal tools related with provision of social housing in the Czech Republic. In this part, author distinguishes three levels of legal norms. The first level represents prevention of housing problems, the second level provides norms to support those who have housing problems, ant the third level regulates position of municipalities in the social housing system. Author concludes that the norms differ in presumption of living in standard housing (civil...
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Material welfare of families with children
Hejnicová, Martina ; Lang, Roman (advisor) ; Morávek, Jakub (referee)
Material welfare of families with children Abstract Material welfare of families with children is a topic which is encounter most of us in our life, whether in the position of a child or parent. Many families find themselves in a situation where they are virtually dependent on social security benefits. The objective of the thesis is to introduce the basic systems from which these benefits are provided. It is a social insurance system, state social support and social assistance. Furthermore, the thesis focuses on helping foster carers. My thesis is divided into several parts, each of them focuses on a particular area of social security of families with children. The first of these systems is social insurance, which is based on the insurance principle, a prerequisite for the entitlement is participate to insurance. Social insurance can be further subdivided into sickness and pension insurance. The second of the presented systems is state social support, which is aimed at helping families with dependent children. The benefits of this system are divided into two parts - tested and untested, depending on whether the entitlement to benefit is reliant on family income or not. The third system is social assistance, which is the representative of the so-called last social protection rescue network. It focuses...
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The employment contract
Škraňka, Vít ; Hůrka, Petr (advisor) ; Lang, Roman (referee)
The employment contract Abstract This thesis is dedicated to the employment contract. The main target of this thesis is to evaluate the law regulation of this contractual type and all the coherent regulation, with particular emphasis on the labor codex, with use of specialized literature and conclusions of judicial decisions and eventually to propose what regulation could be implemented by the law maker. The first part of this thesis is the entry to the theme of this thesis and its main target is to explain why I chose this theme, what will be the content of this thesis, what will be its aim and what methods will be used. The second part of this thesis is dedicated to the term of the labor law, its position in the overall system of law and mainly to its principles as they influence the way that the whole labor law regulation is made. The third part of this thesis is dedicated to the term of the employment relationship as to an institute that is indivisible from the employment contract, to the process before it is based between the parties, to the ways of its creation, the content of the institute and its relation to the employment contract. The fourth part of this thesis is dedicated to the employment contract itself. The part describes the process before the contract is concluded, the form of the contract,...
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