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Work Life Balance in Czech and European Union law
Jankovcová, Kristýna ; Vysokajová, Margerita (advisor) ; Štefko, Martin (referee)
Work Life Balance in Czech and European Union law Abstract Work-life balance is an important political and legal instrument with a significant impact on the employment rate, birth rate, work productivity and other key indicators. This thesis deals with the concept of work-life balance in the legal framework of the Czech Republic as well as the European Union, focusing on workers with care responsibilities. The aim of the thesis is to analyze legal instruments in favour of work-life balance, identify their shortcomings, consider possible ways of overcoming such limitations and assess the EU legal framework's impact on the national legal framework. Work-life balance is closely linked to the concept of equal treatment between women and men. For this reason, the thesis focuses on legal instruments that are gender-neutral or that can contribute to overcoming the traditional perception of women as primary carers. The examined legal instruments were also selected based on their relevance in terms of ongoing discussions on both national and EU level. The first part of the thesis should facilitate the reader's understanding of the EU work-life balance legal framework by exploring the origin and development of the concept, legislative and non-legislative instruments and case law of the Court of Justice of the EU. The...
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Posting of workers in the European Union
Jankovcová, Kristýna ; Kunertová, Tereza (advisor) ; Svobodová, Magdaléna (referee)
The aim of this thesis is to present the phenomenon of posting workers within the EU in the context of the freedom to provide services. The author introduces the de lege lata legal framework in a complex and chronological manner, taking into consideration the motives and political pressure behind key modifications. Accordingly, the thesis examines relevant Treaty provisions, case law and its evolution, key secondary acts, as well as the relation of such sources to legal acts which address posting workers in an indirect manner. The author focuses on the analysis of existing key provisions, their practical impact and insufficiencies. However, she also approaches the topic from the de lege ferenda perspective by presenting the ongoing revision of the current legal framework and by considering other potential changes which could improve the regulation of posted workers in the future. Furthermore, the thesis demonstrates the complexity of posting workers by drawing attention to the colliding interests of involved member states and parties, showing the sensitivity of the subject. This underlines the fact that the phenomenon cannot be separated from its political context and is condemned to a constant balancing of two colliding interests - the freedom to provide services and social protection of posted...
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