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Strategy of Flexicurity in the Termination of the Employment contract in the Legislation of the Czech Republic and the Kingdom of Sweden
Randová, Jana ; Tröster, Petr (referee) ; Vysokajová, Margerita (referee)
The thesis deals with the concept of flexicurity and its effects in the termination of the employment contract in the Czech Republic and the Kingdom of Sweden. The main aim of the thesis is to describe and compare both legislations from flexicurity perspective and suggest changes in the czech legislation. Strategy of flexicurity is one of the most discussed topics not only in the field of labour law but also in the field of social security systems and active labour market policies during the past few years. The concept of flexicurity can in a simplified way be characterized as a policy approach that tries to combine the flexibility of labor markets and job security for employees. According to the experts, flexicurity could help solve issues such as globalization or effects of economic crisis and higher unemployment occured due to the crisis. The thesis is composed of five chapters, each of them dealing with different aspect of the concept of flexicurity and its application in the Czech Reoublic and the Kingdom of Sweden. Chapter One defines and explaines the concept of flexicurity as such, followed by examples of succesful European flexicurity models. The chapter concludes with a brief outline of current development of flexicurity at European level. Chapter Two describes the individual components...
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Termination of the employment relationship by the employer
Lichnovský, Jakub ; Štangová, Věra (advisor) ; Brádlerová, Libuše (referee)
This thesis deals with various ways of termination of the employment relationship from the point of view of the employer. The author describes possible options of termination based on the Act 262/2006 Coll., the Czech labour code, as amended. This thesis also analyses the impact of the foregoing economical slow down on the labor market and recent changes of the legal system reflecting contemporary economical issues in connection with termination options. The author tends to conclusion that solution lies in balancing the flexicurity system, as described in the thesis.
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Contractual freedom and its limitation in the formation, changes and termination of the employment relationship
Lach, Vlastimil ; Štangová, Věra (advisor) ; Vysokajová, Margerita (referee)
This thesis is focused on a contractual freedom in employment relations, especially upon formation, changes and termination of the employment relationship. The contractual freedom is the key principle of private law, therefore also of labor law, and the expression of the contractual freedom is the freedom of an individual in his choice whether to enter into an employment relationship, who to enter with, what content would the employment relationship have and when and how to terminate this relationship. The contractual freedom upon formation, changes and termination of an employment relationship is necessary to be limited due to protection, safety and certainty of employees and also in the public interest. One of the objectives of this thesis is to think about how should be this restriction of the contractual freedom limited. In this work there is also a description of a historical development of a regulatory autonomy of the will of the parties and a description of a statutory regulation of the formation, changes and termination of an employment relationship. Another objective of this thesis is to reflect on the impact of extensive recodification of private law, that occurred in recent years, on the formation, changes and termination of the employment relationship. This thesis consists of an introduction, 8...
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Flexicurity and its projection to Czech labour law
Foltýnová, Magda ; Hůrka, Petr (advisor) ; Štefko, Martin (referee)
The theme of this thesis is to find the elements of flexicurity occurring in the various institutes of the Czech labor law and to study their interactions. The phrase flexicurity arises from the combination of two English words of opposite meaning, flexibility and security (safety, protection). Flexicurity is a certain concept of the labor market and may intervene in larger sense to the social security law and employment policy. The concept of flexicurity in the context of an employment relationship is an attempt to create a relationship between the employee and the employer, which will be flexible enough to contractual arrangements between employer and employee, while maintaining a sufficient level of protection for employees. This thesis is divided into several parts. It consists of an introduction, four chapters further divided into the subchapters and a conclusion. The first chapter deals with a general introduction to the labor law, its historical development and relationship to European Union's legislation. In the second chapter are mentioned the basic principles of labor law, the definition of labor law as a relatively independent branch of the law including the relationship to other branches of the law. The third chapter is devoted to the explanation of the concept of flexicurity, to the...
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Strategy of Flexicurity in the Termination of the Employment contract in the Legislation of the Czech Republic and the Kingdom of Sweden
Randová, Jana ; Hůrka, Petr (advisor) ; Štefko, Martin (referee)
The thesis deals with the concept of flexicurity and its effects in the termination of the employment contract in the Czech Republic and the Kingdom of Sweden. The main aim of the thesis is to describe and compare both legislations from flexicurity perspective and suggest changes in the czech legislation. Strategy of flexicurity is one of the most discussed topics not only in the field of labour law but also in the field of social security systems and active labour market policies during the past few years. The concept of flexicurity can in a simplified way be characterized as a policy approach that tries to combine the flexibility of labor markets and job security for employees. According to the experts, flexicurity could help solve issues such as globalization or effects of economic crisis and higher unemployment occured due to the crisis. The thesis is composed of five chapters, each of them dealing with different aspect of the concept of flexicurity and its application in the Czech Reoublic and the Kingdom of Sweden. Chapter One defines and explaines the concept of flexicurity as such, followed by examples of succesful European flexicurity models. The chapter concludes with a brief outline of current development of flexicurity at European level. Chapter Two describes the individual components...
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Flexicurity in the Netherlands - possible implementation of the concept in comparative perspective
Králíček, Jan ; Hůrka, Petr (advisor) ; Štefko, Martin (referee)
Flexicurity in the Netherlands - possible implementation of the concept in comparative perspective This diploma thesis deals with the concept of Flexicurity in the European and Dutch context with possible implications for the Czech Labour Law. The first part is concerned with a short historical overview of the matter, discovering presence of the notion of flexible and secure Labour arrangements in the contemporary Czech legislation. Second part analyses the understanding of Flexicurity as a strategy on European level, promoted in an open method of coordination. The next part focuses on the theoretical concept of security and flexibility of the Labour relations, inevitably combining these integral parts in the strategy of Flexicurity. Dutch concept of Flexicurity, heavily diverging from the former Danish model, is the main focus of the fourth chapter. The Dutch regulation is approached with keen focus on ideas which were behind the recodification. Central pieces of legislation are discussed. Sample areas with importance for the comparison are selected from Czech and Dutch legal systems and then considered in detail in the fifth part. Position of Trade Unions, job security with regards to protection from dismissal and use of atypical labour contracts are compared and analyzed. The main differences...
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Flexicurity and its manifestations in the formation, changes and termination of the employment relationship in the legal regulation of the Czech Republic and the Federal Republic of Germany
Čihák, Adam František ; Hůrka, Petr (advisor) ; Štefko, Martin (referee)
The theme of this thesis is a comparison of legal regulation in the Czech Republic and the Federal Republic of Germany with regard to manifestations of flexicurity in the formation, changes and termination of the employment relationship. The word flexicurity was formed by combining two opposing terms - flexibility (contractual freedom) and security (safety, protection, sureness). Flexicurity can be viewed from several different angles. It is mainly a concept or model of a labor market with regard to labor law and alternatively related social security law and employment policy. The issue of labor law flexibility and protection of employees is very topical, especially nowadays. Effort to find the optimal balance between flexibility and security can contribute to the solution for the weakening competitiveness of European states. This thesis is composed of an introduction, five chapters and further divided into sub- chapters and a conclusion. The first chapter of the thesis deals with the term flexicurity and the approach of the European Union and European states on this issue (including historical development). The second chapter provides the basic characteristics of labor law in the Czech Republic and the Federal Republic of Germany that is a necessary foundation for the next part of the thesis. Key...
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Flexicurity - a possible way how to solve unemployment
Borská, Kristýna ; Hollmannová, Monika (advisor) ; Patáková, Magdalena (referee)
The bachelor's thesis "Flexicurity - a possible way how to solve unemployment" is aimed at persistent problems with unemployment. Summary of the development of unemployment, employment and expenditures on the employment policy in European countries is followed by the explanation of flexicurity and description of development in Denmark during the second half of 20th century. The thesis attempts to examine dependance of unemployment on expenditures on employment policy and GDP growth in Denmark. In the last part it focuses on the Czech Republic and its attempts to implement flexicurity and advices the Czech Republic how to better utilize active labour market policies, hence flexicurity model.
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Flexicurity model and its implementation in the European labor markets
Bielawski, Jakub ; Kuchař, Pavel (advisor) ; Tuček, Milan (referee)
This diploma thesis considers a model of flexicurity, which currently represents a key strategy of European employment policy. "The Danish miracle", as it is sometimes called, combines two at first sight contradictory trends - the high flexibility of the labor market and adequate security for workers. However, application of the model to the European labor markets seems to be problematic for several reasons. Several potential barriers to the effective implementation of flexicurity are being discussed in the paper. The most serious seems to be the insufficient and ambiguous definition of the model. This means that different actors understand the nature of the model differently and accept it with different expectations. Flexicurity also ignores the heterogeneity of each labor market. The argument that flexicurity represents a win-win situation for all citizens seems untrustworthy and unrealistic. The paper further argues that the model is connected with the place of origin because of the importance of informal institutions such as advanced social dialogue and public-spiritedness. Finally, it is necessary to take into consideration the enormous financial demands of the model due to the emphasis on a generous social system.
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Promoting the concept of Flexicurity by the Open Method of Coordination from the perspective of the Multi-Level Governance Theory and the Sociological Institutionalism - case study of the Czech Republic
Hájek, David ; Šlosarčík, Ivo (advisor) ; Drulák, Petr (referee)
This diploma thesis is a single-case study analyzing promotion of the concept of Flexicurity principle in the CR through the Open Method of Coordination (OMC). The concept of flexicurity began raising European integration actors' awareness since early 2000s. That was due to considerations how to strenghten competitiveness of the EU Member States' economies during growing expansion of more liberal markets such as China, and in the same time to maintain the European social model based on the concept of welfare state. In 2007, there was adopted EU's definition of Flexicurity. Flexicurity began to be promoted by the OMC. This thesis responds to the lack of studies analyzing the influence of the OMC in specific policy areas. Tha author analyzes literature, relevant laws as well as thier explanatory reports, National Reform Programmes, Czech government's policy statements, and interviews with representatives of tripartite actors who take part in social dialogue. The study explores how does the OMC work in the case of Flexicurity promotion. The aim is to find out which of the selected theories is more suitable for describing the process of Flexicurity promotion through the OMC. Selected theories are the theory of Multi-Level Governace (MLG) and the theory of Sociological Institutionalism (SI). The author...
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