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The comparation of the health public systems in the Czech republic and Austria
Šturcová, Michaela ; Štefko, Martin (advisor) ; Morávek, Jakub (referee)
Die beiden Systemen wurden auf die ähnliche Tradition gegründet. Diese Tradition hat seine Wurzeln in Österreich-Ungarn, die bis 1918 in der gleichen Zwischenraum ausgesetzt wurden. Ein weiterer Zusammenhang ist die geographische Beziehung. Die Gesetztformen in der beiden Staaten sind unterschiedlich. In der Tschechische Republik gibt es viele Sozialversicherungsgesetze, in den der jede Typ des Versichertes geregelt ist. In Österreich gibt es für den jeden Type des Versichertes ein Sozialversicherungsgesetz. Die beiden Systemen sind die gesetzlichen öffentlichen Krankenversicherungen. Das tschechische System ist postkommunisch und Österreich ist der korporatische konservative Sozialstaat. Es gibt die Umverteilung in den beiden Systemen, aber in Österreich hat ein Unterschied, weil auch die Umverteilung in der Anstaltspflege enthält. Die vergleichende Systeme der gesetzlichen Krankenversicherungen haben die gemeinsame ethische Grundsätze, die aber in Österreich mehr in den Gesetze geregelt werden. Dieser Fakt macht den Rahmen des Systemes der Krankenversicherung, das viel auf die Patienten sich konzetriert wird. Der Patient hat ein Recht auf aktive Beteiligung in diesem System und auch in der Behandlung. Ein großes Unterschied ist die Verfassungsschutz der Rechte im beiden Staaten. In Tschechien gibt es die...
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Personal data protection under the GDPR with focus on employment relationship and biometrics
Tkadlec, Matěj ; Morávek, Jakub (advisor) ; Koldinská, Kristina (referee)
PERSONAL DATA PROTECTION UNDER THE GDPR WITH FOCUS ON EMPLOYMENT RELATIONSHIP AND BIOMETRICS ABSTRACT This thesis focuses on the very complex and legally complicated issue of personal data protection in the period since the GDPR Directive came into force, i.e. from May 2018 onwards. The adoption of this data protection regulation can certainly be described as one of the most pivotal moments in the history of European legislation, as there has never before been a unifying regulation so extensive that it forced all Member States to regulate such a peculiar area in exactly the same way. For this reason alone, both before and after the GDPR came into force, the topic of data protection has been the subject of numerous debates, as the regulation in question has brought about many significant changes that were previously unprecedented in the field of data protection. The purpose of this work was not to comprehensively discuss all these new institutes, rights and obligations and other parameters of the GDPR, but to describe only the most important ones in detail and then to focus on their specifics in employment relations, with a focus on biometrics. For this reason, the second part of the thesis first focuses on the situations in which an employer is obliged to process the personal data of its employees or...
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Employees surveillance from a data protection perspective
Hruška, Matěj ; Morávek, Jakub (advisor) ; Matějka Řehořová, Lucie (referee)
Employees surveillance from a data protection perspective Abstract The topic of the thesis was employee surveillance from a data protection perspective. In the first chapter I outlined the issues of the right to privacy with regard to the employee's workplace and the protection of personal data in employment relationships, together with the relevant legislation, including subsidiary and European regulations. The most relevant regulations in this field are the Labour Code and the directly applicable EU GDPR. In the second chapter, I have slightly stepped forward from the theoretical to the practical level by analysing what the employer-employee relationship might look like under Section 316 of the Labour Code and, in particular, I have discussed the basic principles, conditions and rights of the GDPR such as legality, transparency etc. and then I have presented some more problematic practical examples. In the last part of the chapter, I introduced the concept of connected vehicles, which we cannot yet encounter in full. In the third chapter, I discussed purely practical cases decided before the European Court of Human Rights. In particular, the judgment in Barbulescu v. Romania caused quite a stir in the Czech legal environment. Moreover, the case, just like Ribalda Lopez vs. Spain, was heard by the Grand...
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Compensation of Pecuniary and Non-pecuniary Damage Caused by Occupational Injury or Occupational Disease
Demová, Kateřina ; Vysokajová, Margerita (advisor) ; Morávek, Jakub (referee) ; Fischerová, Iva (referee)
1 Compensation of Pecuniary and Non-pecuniary Damage Caused by Occupational Injury or Occupational Disease Abstract The thesis deals with the topic of compensation of pecuniary and non-pecuniary damage caused by occupational injury or occupational disease whereas its main sources comprise of Czech and foreign literature and mainly of vast range of court decisions. The introduction researches the topic of concept of damage compensation as a part of tort law, both from the general private law and specific labour law perspective. Further, the dissertation explores the historical development of the legal rules concerning compensation of damage caused by occupational injury or occupational disease focusing on the most significant legal regulations valid on the territory of the Czech Republic. The brief summary concerning subjects of the relevant liability closes the introduction part of the thesis. The merits of the dissertation cover detailed research of assumptions of the liability of employer for damage caused by occupational injury or occupational disease, i.e. detailed research of the terms "damage" (pecuniary and non-pecuniary), "occupational injury", "occupational disease" and "causation" between damage and occupational injury or occupational disease. Although fault does not belong to the assumptions of...
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Personal data protection in labour law relationships and protection of whistleblowers
Podlešák, Pavel ; Morávek, Jakub (advisor) ; Lang, Roman (referee)
Personal data protection in labour law relationships and protection of whistleblowers Abstract With the development of new technologies at the turn of the millennium came an increase in the number of personal data processing, which required more detailed legislation. This is especially important with regards to labour law relationships in which the employer has to process the personal data of their employees due to legal obligations, or may decide to process them by their own decision and base this processing of personal data on their legitimate interest or consent of the employee, which the employee can hardly resist due to their weaker position. The aim of this thesis is to analyze the basic legal terms, principles and legal grounds of personal data processing and to point out some aspects of their application in labour law relationships. To achieve this goal, the author uses international, European and national legislation and a wealth of literature, articles, internet resources, documents of the Office for Personal Data Protection and documents of WP29 and the European Data Protection Board. He then uses European and national case law to support his claims. The first part of the thesis is devoted to the legislation of personal data protection (and privacy) at the international, European and national...
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Concurrence of the function of a member of a statutory body and an employment relationship in the same corporation
Pulda, Tomáš ; Morávek, Jakub (advisor) ; Tomšej, Jakub (referee)
Concurrence of the function of a member of a statutory body and an employment relationship in the same corporation Abstract The aim of this work is to comprehensively map the issue of concurrence of a member of a statutory body and an employment relationship in the same business corporation, both in terms of regulatory development and in terms of the most important court decisions concerning concurrence. The purpose is therefore to create an imaginary "timeline" that will reflect the various relevant provisions of the legislation and at the same time bring a selection of the most interesting court decisions. The more practical side of the matter is also not neglected, when the validity of employment contracts, which create concurrence, is analyzed. The first chapter is focused on the basic theoretical background of both the field of labor law and commercial law, which is worked with in other parts of the work and which are important for understanding the whole issue. In the third chapter, I focused on case law, which represents a key role in the issue of concurrence of a member of a statutory body with an employment relationship. A substantial part of this chapter is devoted to the analysis of the Constitutional Court's ruling from 2016, but several decisions of the Supreme Court are also mentioned, whose...
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Illegal work - performance of work outside the basic employment relationship
Benešová, Romana ; Morávek, Jakub (advisor) ; Matějka Řehořová, Lucie (referee)
Illegal work - performance of work outside the basic employment relationship Abstract The topic of this diploma thesis is illegal employment according to the provisions of § 5 letter e) point 1 of Act No. 435/2006 Coll., on employment, as amended. The thesis deals exclusively with the fulfillment of the definition of illegal work by performing work outside the employment relationship, ie situations where there is either a concealment of dependent work, its performance without a valid employment contract or the performance of work on examination. The main goal of this work is to connect the field of employment with the field of administrative punishment and thus gain comprehensive knowledge about illegal work and its punishment. The thesis provides a detailed analysis of the current legislation on illegal work and links its wording with selected case law, thus creating a comprehensive overview of the issues addressed. This diploma thesis is divided into four main chapters. In the first part, the graduate focuses on the definition of the terms dependent activity and dependent work, which are necessary for understanding the issues of work outside the employment relationship. The second part of this work describes in detail the possibilities of fulfilling the definition of illegal work, while its important...
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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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Liability in Labour Law
Procházková, Šárka ; Morávek, Jakub (advisor) ; Lang, Roman (referee)
Thesis Title: Liability in Labour Law This diploma thesis deals with the issue of liability in labour law. The aim of the thesis is to evaluate the legal regulation of liability in selected areas in the light of current legal regulation as valid in Czech Republic. The thesis is divided into two key parts. The introduction chapters are devoted to the interpretation of generally used terms regarding the legal liability in labour law and also its specifications. This part of the thesis focuses also at the system of prevention, including responsibilities of employers and employees during its execution, and at basic functions of labour law with focal point on the protection function that pervades the whole system of labour law. The conclusion of this first half deals with the summary of current legal regulation of employer's and employee's liability in Czech labour law. The detailed analysis of selected topics, in the view of labour law, is presented in the second part of the thesis. These include remote work, home office and job sharing. In case of remote work and home office we speak about flexible forms of work performance. Despite the popularity and rich use of these abovementioned forms, they are almost omitted by the legislator. Legal regulation is to be found only in one single paragraph of...
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Obstacle to work on the part of the employee in connection with the coronavirus crisis
Michek, Jan ; Tomšej, Jakub (advisor) ; Morávek, Jakub (referee)
The rigorous thesis deals with the legal regulation of the obstacles to work on the part of the employee in connection with the coronavirus crisis in the Czech Republic. The goal of the rigorous thesis is not only to provide for detailed legal analysis, but also address both practical and legal implications of the coronavirus pandemic with respect to the selected obstacles to work on the part of the employee. Furthermore, the purpose of the rigorous thesis is to identify and point out legal ambiguities within the legislation concerned with the selected obstacles to work on the part of the employee with the emphasis on the newly adopted pieces of legislation in response to the coronavirus pandemic. In addition, the thesis also aims to provide for author's suggestions for legislative improvements when deemed appropriate. The rigorous thesis consists of eleven chapters. The first chapter ought to be considered as an introduction of the legal concept of the obstacles to work, while the second chapter provides for characteristic features of the obstacles to work. The third chapter maps sources of law pertinent to the concept of the obstacles to work. The following fourth and fifth chapter contains elementary overview of the various categories and types of the obstacles to work. The sixth chapter focuses...
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