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The Status of individual professional athlete
Lelek, Miroslav ; Pichrt, Jan (advisor) ; Morávek, Jakub (referee)
This diploma thesis deals with the issue of a status of individual professional athlete. This issue seems to be easy to resolve as the legal doctrine unanimously classifies individual professional athletes as self-employed. However, further examination provides more detailed view and illustrates the issue is not as unambiguous as one might assume. Thus the aim of the thesis was to analyse the status and sports activity performance of individual professional athlete both theoretically and practically. The analysis of the sports activity performance of single individual professional athletes points out that their performances are different to a great extent. The sports activity performance of some athletes can be even without any doubt considered as a dependent work in terms of labour law. It results in fact that some of individual professional athletes conducts sports activity as self-employed, some of them are employees and some of them even professional soldiers. Every single legal status is connected with various benefits but also with some difficulties. In addition, according to predominant practice and regardless on the nature of their sports activity performance athletes are free to choose their legal status. The thesis also partly concentrates on complex issue of civil liability of athletes...
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Atypical Forms of Labour Law Relationships
Soukupová, Eliška ; Pichrt, Jan (advisor) ; Tomšej, Jakub (referee)
This paper deals with the set of labour law relationships, which is collectively called atypical labour law relationships. At first, for the reasons of providing sufficient inside view regarding this problematic, which is connected to these relationships, the position of these relationships within the field of labour law itself is defined and necessary basic terms, which are essential for atypical labour law relationships, are presented and explained. Among these basic terms there is primarily listed definition of the term "dependent work", but the term "flexicurity" is described thereto as well. Given the fact that it is possible to apply different approaches to the definition of atypical labour law relationships, the explanation of ways how to define the set of atypical labour law relationships follows the explanation of basic terms. In the paper, there is applied the demarcation using the definition of typical labour law relationship in the way that all the labour law relationships that differ from the typical labour law relationship are labelled as atypical. In the following-up part of the paper there can be found the characterization of some of the atypical forms of labour law relationships, which make part of the defined set of relationships. The point of view of national legislation as well...
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Employment disputes and labor disputes
Kalhousová, Viktorie ; Pichrt, Jan (advisor) ; Drápal, Ljubomír (referee)
This diploma thesis deals with two types of disputes under the Czech employment law - the employment disputes and the labor disputes. The main reason for choosing this topic of the thesis was partly due to author's personal experience with the employment dispute, the extensive judicial case law as well as some aspects of the solution of employment disputes before the court - especially the length of proceedings and the decreasing number of cases brought before the court. The first chapter of this thesis relates to procedural aspects of the employment disputes and the author analyzes the main differences between "ordinary" civil proceedings and the employment disputes proceedings. The basic difference is the appointment of the court in the employment disputes, especially the assessors, and the decision-making process of the panel of judges. The main focus of this thesis is a chapter dealing with the employment disputes about the invalidity of the termination of employment, especially focusing on the substantive legislation of each of the methods of the termination of employment and the basic conclusions from the case law of the general courts. Following the main chapter are also solved questions about employment disputes regarding the amount due of the wage and also the issue of disputes concerning...
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The agreements on work performed outside of employment
Borovičková, Kateřina ; Morávek, Jakub (advisor) ; Pichrt, Jan (referee)
The agreements on work performed outside of employment This diploma thesis deals with the topic of the agreements on work performed outside of employment, an institute of the Czech Labour Law which constitutes, besides the employment agreement, one of the basic labour law relations. The aim of this work is to summarize the previous and current legislation. The next aim of this work is to present this institute and to define its necessity and purpose within the Czech labour law. The work is divided into seven chapters. At the beginning of this diploma thesis I generally describe labour law then I also focused on the position of labour law in the system of law and its relation with the civil law. In the next chapter I deal with the elements of labour law relations and I also deal with the concept of dependent work as it is one of the basic terms of the Czech labour law and the explanation of this term is necessary for definition of the institute of the agreements on work performed outside of employment. The third chapter deals with the agreements on work performed outside of employment. I focused here on the history of the origin and the development of the legal regulation of agreements on work performed outside of employment and on the changes the institute went through since its introduction to the...
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The transfer of an undertaking/business in Czech and European Labour Law
Reichmann, Lukáš ; Pichrt, Jan (advisor) ; Štefko, Martin (referee)
The transfer of an undertaking/business in Czech and European Labour Law The aim of my thesis is to thoroughly analyse the regulation of transfers of undertakings, businesses or parts of undertakings or businesses in the perspective of Czech and European Labour Law. The reasons for choosing this topic are my genuine interest in Labour Law and the fact that this area of Labour Law is relatively overlooked by most authors in the Czech Republic. Aside from the general introduction and conclusion, this master thesis will consist of three main parts, each of them dealing with different aspects of the topic concerned. The introductory part defines basic terminology used in the thesis and describes my motivation for choosing this topic. The first part gives a brief historical overview of the development in this area of Labour Law both in European Law and Czech Law. The second part deals with transfers of undertakings/businesses within European Law, so the Council Directive No. 2001/23/EC and the respective case law of the Court of Justice of the European Union are mostly discussed there. Therefore, this part focuses on various aspects of this topic such as legal transfer, merger or identity of economic entity. Then, several methods of the transfer of undertaking/business within the sense of the directive...
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Employee's liability for damage with respect to the case law
Mikulecká, Zuzana ; Bělina, Miroslav (advisor) ; Pichrt, Jan (referee)
Název diplomové práce v anglickém jazyce Employee's liability for damage with respect to the case law Summary The purpose of my diploma thesis is to analyse the main aspects of employee's liability for damage in labour law with respect to the current legislation and current case law. By using the analytic and descriptive methods the valid legal provisions are described and evaluated. The thesis is composed of eight chapters, each of them dealing with different aspects of liability of an employee. Chapter One is introductory and describes employee's liability in labour law in general. Following chapters examine relevant Czech legislation and related case law. Chapter Two presents the importance of damage prevention. The chapter consists of three subchapters. Subchapter One focuses on damage prevention and general obligations of an employee. Subchapter Two describes employee's special obligation to notify his supervisor in case of imminent damage. Subchapter Three investigates special obligation of an employee to take an action against imminent damage. Chapter Three relates to Chapter Two. It explains employee's liability for breach of obligations to take an action against imminent damage. The chapter consists of one subchapter which addresses the issue of measure of damages. Chapter Four is dealing with...
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Legal regulation of job agencies and agency employment
Kopecká, Barbora ; Pichrt, Jan (advisor) ; Bělina, Miroslav (referee)
The thesis discusses current regulation of employment agencies. In a greater detail it deals also with the legal regulation of the institute of agency employment, as a form of recruitment, which falls within the exclusive competence of the employment agencies. After outlining the development of legislation follows an introduction of the main international and Community sources of law, which affect the current national legislation the most.. The thesis also describes the public aspects of the current legal regulation of employment agencies, which includes issuing licenses for employment mediation, depending on the creation of employment agencies, conditions for its issue, as well as the reasons for termination of employment agencies. Furthermore, the legislation as well as the consequent process of issuing licenses is evaluated. The following part is devoted to agency employment. Relationships created in this type of employment are discussed in detail. The thesis seeks to highlight the shortcomings which must the subjects of relationship deal with, such as inadequate compensation of damages and confusion about law to be used on a contractual relationship. The conclusion discusses how the employment agencies abide the law and how the state authorities undertake the control competencies.
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The concurrence of employment with function of the statutory body in the business corporation
Wejmelka, Radek ; Pichrt, Jan (advisor) ; Drápal, Ljubomír (referee)
72 SUMMARY The concurrence of employment with function of the statutory body was many times resolved in the practice and the judicature but almost after 25 years of judicature development there is no united view, whether the concurrence of employment with function of the statutory body is permissible under the Czech law or not. The main purpose of this thesis is to submit an analysis of this legal problematics in terms of commercial and labour law with overlaps into social security law and tax law with summary of the relevant judicature. The first chapter of this thesis is focused on the general definition of legal entities and natural persons. The second chapter follows up the performance of function of the statutory body in terms of commercial law particularly regarding the conditions and the rights and obligations of member of the statutory body. The third chapter mainly focuses on the employment in terms of labour law and on comparisons of the labour law and commercial law legal relationship. The fourth chapter provides an overview of historical development of the judicature regarding possible solutions found in judicature of High Court in Prague and Supreme Court of the Czech Republic and the arguments for and against the admissibility of concurrence of employment and function of the statutory body in...
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A Comparison of the Legal Status of Professional Football Players in Germany, Italy, the United Kingdom and the Czech Republic
Mojžíš, Lukáš ; Pichrt, Jan (advisor) ; Morávek, Jakub (referee)
in English A Comparison of the Legal Status of Professional Football Players in Germany, Italy, the United Kingdom and the Czech Republic The thesis is, above all, a response to the still largely unresolved situation regarding the Czech legal regulation of the activities performed by professional sportspeople practising the so-called team sports. According to many opinions, it appears highly likely that professional sporting activity fully meets the legal definition of "dependent labour" which should be performed solely within labour relationships in accordance with the labour code; however, the contemporary practice is vastly different. The overwhelming majority of professional sportspeople and their clubs enter into so-called innominate contracts governed by the civil code; this approach has been explicitly found permissible by the Supreme Administrative Court within its stable case-law. On the one hand, such practice provides the flexibility that is much needed in professional sports and is also financially beneficial for both sides. On the other hand, however, it denies sportspeople of the legal protection they would enjoy as employees. This is why there have recently been gradually intensifying calls suggesting that the status quo is unsatisfactory and unsustainable; this conclusion seems to...
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Personal data protection in labour law relationship
Morávek, Jakub ; Bělina, Miroslav (advisor) ; Pichrt, Jan (referee) ; Brádlerová, Libuše (referee)
PERSONAL DATA PROTECTION IN LABOUR LAW RELATIONSHIP JUDr. Jakub Morávek The thesis is concerned with personnel data protection in connection with labour-law relationships. Personnel data protection issue is approached completely here and explanation of it is organically interconnected with cases of its use in labour-law relationships. Factually the thesis is output of grant-aided project GAUK No. 121009 "Personnel data protection in labour-law relationships" researcher of which the author was in the years 2009 - 2012. By no chance the name of above mentioned grant-aided project is identical with the name of the thesis. From the very beginning of the research of the project a monograph dealing with personnel data protection in the context of labour-law relationships, or more precisely thesis dealing with this topic that would be published, was planned as its output. Within four years of intense engagement in personnel data protection in labour-law relationships, in three of which the author worked on above mentioned project, almost thirty articles and papers in professional periodicals and collections,monograph anda rigorous thesis focused on personnel data protection in the process of employment relationship commencement, monograph focused on personnel data protection in the process of personnel...
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