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Prohibition of discrimination on grounds of gender in employment
Machačová, Kateřina ; Koldinská, Kristina (advisor) ; Štefko, Martin (referee)
- 111 - PROHIBITION OF DISCRIMINATION BASED ON SEX IN LABOUR-LAW RELATIONS This diploma paper deals with the prohibition of discrimination based on sex in labour-law relations. Its main objective was to present a comprehensive construction of legal regulation of equal treatment and equal opportunities for men and women both in the legal order of the Czech Republic and in the law of the European Community ("EC") and in public international conventions. The thesis opens with the explanation of general framework of the subject, it especially analyses the notion of equality and various approaches to this concept. Further on, the paper focuses on the demonstrations of unequal chances of men and women on the employment market, as well as on the historical aspects of women's status in society. Quite an extensive part of the presentation is dedicated to the definition of the fundamental concept of discrimination, its particular forms (above all the conception of direct vs. indirect discrimination) and exceptions to the principle of equal treatment. The explication is primarily based on definitions contained in the European directives (to the implementation of which the Czech Republic as a Member State of the EC is obliged), as well as on the relevant judicial decisions of the European Court of Justice ("ECJ"). The...
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Posting employees within the provision of services
Kotrčová, Šárka ; Štefko, Martin (advisor) ; Procházková, Eva (referee)
76 POSTING OF WORKERS IN THE FRAMEWORK OF PROVISION OF SERVICES RESUMÉ This thesis deals with posting of workers in the framework of provision of services. As I had considered this subject-matter to be topical and very useful for every undertaking in the European Community I decided to analyze current legal background of this area both at the European level and at the Czech level. The aim of this paper is to provide with an overview on the current situation, reveal the lacks of the legislation, eveluate the effectivity of the regulation, make suggestions of improvement and illustrate a possible development in this area in the future. A sufficient part of my thesis is focused on the comparison of the Czech and Belgian legislation concerning posted workers and their work conditions. The paper is divided into six chapters. The first chapter makes an introduction into the topic of posting workers. Chapter two explains the basic principles of free movement of services within the European Community of which the posting of workers is an integral part. The basis of the thesis is then the third chapter which is directed on the European directive concerning posting of workers itself. This chapter defines the basic terminology of the directive, introduces the scope of its application, minimum work conditions, position...
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Personnel management and its legal regulation
Stabrynová, Michaela ; Peřina, Pavel (advisor) ; Štefko, Martin (referee)
93 Summary: Human Resources Management and its legal regulation The purpose of my thesis is to analyze the management of human resources from the general point of view and its legal regulation in the Czech Republic with the focus on recruitment and current aspects of reduction and redundancy of employees. It also aims to reveal the main problems and minuses in the law firms while recruiting the new employees and to suggest suitable solution to avoid them. The thesis is composed of seven chapters. Chapter One is introductory and describes the whole topic of the thesis and its particular parts. Chapter Two deals with the general description of the Human Resources Management and shows the main responsibilities of the Human Resources department and management. Chapter Three is about the history and development of Human Resources Management conceptions and points out different approach to personnel work within the last centuries. The main purpose of ChapterFour is to identify the main features of the European Human Resources Management. Chapter Five outlines the main goals and objectives that Human Resources Management focuses on and gives an overview on particular personnel activities. This chapter is subdivided into nine parts. Each part reviews (more or less in detail) a specific Human Resources activity. The...
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Working hours, their duration and scheduling
Králová, Markéta ; Procházková, Eva (advisor) ; Štefko, Martin (referee)
WORKING TIME, ITS DURATION AND ALLOCATION SUMMARY Working time is relevant working conditions. For employee and employer are legal regulations of working time, its duration and allocation very important. The life of employee is impressed with regulation and concrete used form of working time, because working time is closely linked with rest time. The employees are in labour relation the inferior side that is why the labour code guarantee against employers by peremptory rules. Legal regulation of working time is arranged in fourth part of act Nr. 262/2006, labour code, which is effectual from 1.1. 2007. Legal code contains legal regulation of general provisions of working time and its duration, of allocation of working time, of lunch break and safety break, of rest time, of nightwork, of overtime, of working preparedness and of joint provisions of working time and one last of enabling clause. The new labour code reinforce expressively the principle of liberalization. Labour code extend liberty of contract of participants of labour relation. The employers can schedule working time of employees more flexible. Juridical institute of flexible rate working time was established. Conception of working time was extended. Now working time is time in which the employee must work for employer, and time in which the...
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Liability in employment law
Koubalíková, Lucie ; Procházková, Eva (referee) ; Štefko, Martin (advisor)
97 Liability in labour law Summary This diploma paper analyzes liability in labour law with focus on liability for damage. At first the diploma paper introduces conception of liability in general and idea of liability in labour law considering different position of employee and employer in labour relations. The diploma paper then enumerates the types of labour-law liability. The next chapter concentrates on liability for damage. This chapter describes characteristic features of liability for damage and prerequisites for occurence of liability for damage. Functions of liability for damage are detailed as well, namely prevention of damage. The following chapter elaborates liability for damage of an emloyee and an employer. This analysis includes general liability and special types of liability in order to compare types of liability for damage. The chapter contains specification of compensation for damage. The final chapter mentions brief comparison of liability for damage of an emloyee and an employer, labour-law liability and civil-law liability and evaluation of actual legal arrangement with regard to distinction between former and currently valid Labour Code. The diploma paper gives attention to application of legislation, practical cases, experiences described in expert literature and jurisdiction in...
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