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Agency Employment
Jireček, Přemysl ; Pichrt, Jan (advisor) ; Štefko, Martin (referee)
The topic of this rigorous thesis is agency employment. Agency employment constitutes now a common part of the market with employment services and enables employment agencies to temporarily assign their employees to perform work at users. The thesis defines the concept of agency employment and describes its roles and functions which are typical for agency employment. One of the biggest user benefits of agency employment is the possibility of quick and effective workforce procurement for a wide range of different professions. The thesis contains a definition of agency employment at both the international and EU level. The thesis also presents international legal sources of agency employment adopted at the UN, EU legal sources of agency employment and legal sources of agency employment under the Czech legal order. The thesis also contains a description of Czech public law, which sets out some conditions for the activity of employment agencies, as well as other obligations imposed on employment agencies. The thesis further focuses on the process of obtaining a permit for employment mediation, including the conditions which the employment agency must fulfil in order to obtain a permit for employment mediation. The thesis also deals with the conditions for the withdrawal of a permit for employment...
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Agency employment with a cross-border element
Kučerová, Kateřina ; Pichrt, Jan (advisor) ; Tomšej, Jakub (referee)
1 Agency employment with a cross-border element Abstract The topic of this diploma thesis is agency employment with a cross-border element. Employment agencies cover the shortage of workers on the Czech labor market by assigning foreigners to users. The thesis analyzes this process of agency employment of foreigners, by connecting the institutes of agency employment and employment of foreigners. In its introductory chapter, this thesis briefly describes and analyzes the institute of agency employment, focusing primarily on the requirements necessary to obtain a permission for agency employment and on comparable working and wage conditions. Furthermore, this work deals with the cross-border element of agency employment, where the second chapter analyzes in detail the process of agency employment of foreigners, both citizens of other Member States of the European Union and especially foreigners from third countries. Based on this analysis, the content of the second chapter is also a comparison of the legal status of Czech nationals, citizens from other Member States of the European Union and foreigners from third countries in the framework of agency employment. In the final chapter, this work deals with the violation of legislation in the field of agency employment with a cross-border element. It focuses on...
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Putative and invalid termination of employment by the employee
Halalová, Veronika ; Pichrt, Jan (advisor) ; Morávek, Jakub (referee)
Putative and invalid termination of employment by the employee Abstract The aim of this diploma thesis was to provide the reader with a comprehensive explanation of the issue of putative and invalid termination of employment by the employee and to offer a suitable procedure for resolving such a situation, which the employer could use in these cases. For this purpose, this thesis was divided into four main chapters. The first of them is devoted to a brief definition of the relationship between the Labor Code and the Civil Code, its development in recent years, as well as the definition of the terms employment relationship, its termination and dismissal. Through this introduction to the issue, the exact scope of this thesis is defined, ie the putativeness and invalidity of juridical acts by which the employee unilaterally terminates the employment relationship, namely dismissal, immediate termination and termination of employment during the probationary period. The second chapter deals with juridical acts and their defects. First, the individual conceptual features and subsequently also the requisites of the juridical act are thoroughly analyzed, so that it is possible to deal in detail with individual cases of putativeness and invalidity of termination of employment, and then the concepts of putativeness and...
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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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A Job Seeker and the Labour Office of the Czech Republic
Doušová, Jana ; Pichrt, Jan (advisor) ; Brádlerová, Libuše (referee) ; Štefko, Martin (referee)
A Job Seeker and the Labour Office of the Czech Republic Abstract The PhD thesis focuses primarily on the legal regulation of the Employment Act affecting the issue of job seekers within the activities of the Labour office, especially in the process of employment intermediation and in receiving unemployment benefits. The introductory theoretical interpretation of the fundamental social right guaranteed by the Charter of Fundamental Rights and Freedoms, i.e. the right to work, is followed by a treatise on unemployment and its development. A compact overview of this issue is given by a summary of the concept of employment policy in the Czech Republic and within the European Union and its state management within the Czech Republic. The main part of the thesis presents an analysis of individual provisions of the Employment Act from the practical point of view of the job seeker. It defines his rights and obligations starting by submitting an application for mediation of suitable employment to the Labor office register. These are discussed in detail in relation to the main instruments that the job seeker may encounter during registration, such as "appropriate employment", "serious reasons", "temporary incapacity to work", "non- conflicting employment", "illegal work", etc. The thesis contains a detailed analysis...
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Performance of work outside the employer's workplace
Daněk, Martin ; Pichrt, Jan (advisor) ; Tomšej, Jakub (referee)
1 Performance of work outside the employer's workplace Abstract The goal of this diploma thesis is to critically assess the current legislation regulating performance of work outside the employer's workplace contained in the paragraph 317 of the Labour code and to describe historical roots of this institute. Further this diploma thesis aims to describe eventual shortcomings of the current legislation and to propose some legislative changes. This diploma thesis is divided into 9 chapters including the introduction. In the first and second chapter there is an introduction of the problematics of the performance of work outside the employer's workplace and definition of the basic concepts, specifically homeworking and teleworking. In the third chapter there is a description of historical roots of the performance of work outside the employer's workplace in the era of the First republic, Protectorate of Bohemia and Moravia and socialism. The core of this diploma thesis is in the fourth, fifth and sixth chapter, where there is a description of conditions, under which it is possible to perform work outside the employer's workplace and different working conditions, which these employees have. In the sixth chapter there is a description of practical problems, which the performance of work outside the employer's...
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Implementation of the Civil Service Act with regard to the stability of the service relationship
Ptáčková Melicharová, Lenka ; Pichrt, Jan (advisor) ; Morávek, Jakub (referee)
Implementation of the Civil Service Act with regard to the stability of the service relationship Abstrakt The thesis aims to descript and evaluate the Civil Service Act. Particular attention is paid to its implementation, as well as to compensating the state of government before the law takes effect, and finally to the partial more detailed treatment of Kazuistic examples. At work, I have set out to objectively, with the help of available resources and data, whether in practice the objectives of the Civil Service Act are being met, that is to de-politicise the civil service, increase transparency and stability of government, increase professionalisation, but also enhance the efficiency and performance of service offices. In the first chapter, in the context of those objectives, I set out working hypotheses that will be verified during the process of the thesis and confirmed or rejected at the conclusion of the work. For the purposes of this work, I defined three hypotheses: 1. The implementation of the Civil Service Act will increase the stability of State Government 2. Implementing the Civil Service Act will increase the expenditure on performing this service i.e. the civil service will be far more costly. 3. Implementing the Civil Service Act will not improve the efficiency of the civil service, but there...
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The Status of a Professional Athlete from a Perspective of Labour law
Laubová, Anna ; Morávek, Jakub (advisor) ; Pichrt, Jan (referee)
1 Abstract This diploma thesis deals with the issue of a status of professional athlete from a perspective of Labour law. The main goal of this thesis is try to find an answer to a question whether the activity of professional team sports athlete should be considered as dependent work of an employee. The first part is theoretical and focuses mainly on definitions of sport, sports law, sport legislation and professional athlete. The second part deals with the current position of professional athletes in our legal system. In practice, professional athletes can act as self- employed, as employees or as professional soldiers. At the same time, the author tried to outline the advantages and disadvantages of these individual statutes. The main of part of the thesis is dedicated on the definition of dependent work in terms of the Labour Code and the questions of basic institutes of labour law, which are essential for proper comparing with the status of a professional athletes. The author came to the conclusion that the sports activity performance of most professional team sports athletes can be considered as a dependent work in terms of labour law. Following this fiding, the author then analyzed several basic provisions of the Labor Code that would be incompatible with sports practice. The fourth part of this...
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Temporary agency employment - legal theory and application practice
Mach, Jan ; Pichrt, Jan (advisor) ; Morávek, Jakub (referee)
Temporary agency employment - legal theory and application practice The title of this diploma thesis is "Temporary agency employment - Legal theory and application practice ", where temporary agency employment being is characterized as flexible form or provision of labor force. The main aim of this work is to summarize the regulations of temporary agency employment and to point out problematic its most critical flaws. The thesis additionally highlights the most important differences compared to regulations in force in neighboring countries. The first chapter defines the central attributes of temporary agency employment, including flexibility and secondment. It further formalizes how temporary agency employment differs from similar concept of outsourcing. The main law text sources are subsequently presented and set to the historical law context of the Czech Republic. The third chapter defines the main players partaking in temporary agency employment, with focus on how permissions are obtained, the deposit obligation and the bankruptcy insurance. The fourth chapter deals with interplay of labor and commercial law, including the definition of individual terms of the contract. Next, the liabilities of all parties are explained, with particular focus on regulation of salary and employment terms,...
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Violation of the Employment Act
Stádník, Jaroslav ; Pichrt, Jan (advisor) ; Štefko, Martin (referee) ; Bělina, Miroslav (referee)
Violation of the Employment Act Abstract The purpose and aim of this dissertation work was compactly and coherently to describe the individual types of violations of legal regulations in relation to their consequences for individual entities against whom the negative impacts are directed. The work, based on the current legal regulation of employment, divides the violations of obligations into individual areas, which can be further broken down by entities violating obligations and (by) the seriousness of individual violations. The issue of violation of the Employment Act includes two fundamental areas. The first area, which forms an inherent part of most substantive regulations, is the area of administrative offenses, responding primarily to violations of obligations imposed upon employers. Especially the third, fhe fifth and the sixth chapter focus on this field. The second area of the Employment Act, which is vital for the topic at hand, regulates and sets obligations for individuals, persons interested in the job and especially job seekers who, through the Labour Office, exercise their basic social rights guaranteed by the Charter of Fundamental Rights and Freedoms, i.e. the right to work. The second and partly the fourth and the sixth chapter deal with this topic. In the light of the potential impacts...
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