|
|
Notice of termination of employment
Šmídová, Klára ; Štangová, Věra (advisor) ; Vysokajová, Margerita (referee)
This diploma thesis deals with the topic of the notice of termination of employment in the Czech labour law. The thesis sets out multiple primary goals. The first goal is to introduce the reader to the context of the legal framework of the notice of termination of employment, including an analysis of selected case law relevant to the topic. The second goal is to provide a comparative outline via the exploration of Belgian labour law and its legal regulation of the notice of termination of employment. Thirdly, the author reflects the findings gathered throughout the thesis and offers some amendments de lege ferenda. The diploma thesis is divided into eleven parts. The first three parts relate to the general description of the matter - the first is devoted to the labour law in the context of the legal system of the Czech Republic, the second is devoted to specific characteristics of an employment relationship and its subject and object. The third part discusses the termination of employment in general and it also takes into account the strategy of flexicurity. The fourth part aims at enlightening the effect of the international law and the law of the European Union on the legal regulation of the notice of termination of employment. The fifth part is devoted to the notice of termination of employment...
|
|
|
Scheduling of Working Hours
Juzová, Jitka ; Štefko, Martin (advisor) ; Drápal, Ljubomír (referee)
The thesis summarizes legal regulation of working hours and their scheduling in the Czech legal order. The aim of this thesis was to describe and evaluate various types of working patterns, which are addressed in the Labour Code, as well as to highlight some problems that can cause their application in practice. In addition to the current regulation, this paper deals with modifications proposed by the amendment to the Labour Code, which would come into effect January 1, 2012, and its influence on the organization of working time (the main change is the proposed unification of regulation of even and uneven schedule of working time and reducing the administrative burden and complexity of account of working time). The thesis can be divided into five main parts. The first part is devoted to the very definition of working time in European and Czech legislation and records of working hours. The second part focuses on the main topic of the thesis - the organization of working hours. In the individual sub-sections I describe the various patterns of working hours with an indication of potential problems in practice. I also mention the possible changes in the regulation of working time, which would bring the already mentioned proposed amendment to the the Labour Code. Schedule of working hours is related to work...
|
|
|
Europeanization of Czech labour law
Němcová, Magda ; Hůrka, Petr (advisor) ; Koldinská, Kristina (referee)
The purpose of this thesis is to analyse not only the general topic of the europeanisation but also the topic of the legal europeanisation as such. This thesis is divided into eight parts. Chapter I provides a general introduction of the europeanisation and it also sets down the goals of this thesis. Chapter II aims at the general overview of the labour law. Chapter III deals with the European Union and the European law. This chapter is divided into two subchapters. The first subchapter goes in mainly for the development of the European Union. This is followed by the second subchapter dealing with the development of the labour law in the European Union. European labour law has been developing long time and can be divided into three time lines. Chapter IV engages with the topic of the europeanisation. Firstly, the terminology is reconciled and afterwards it continues with the europeanisation in common sense. Also some definitions and opinions from authors dealing with the Europeanisation are taken into consideration and pointed out. Then, the legal europeanisation introduction come after with regard to reasons which lead the member states of the European Union to harmonize their own legal order or which tools are used to harmonize the legal orders. The following Chapter V targets the europeanisation...
|
|
|
Notice of termination of employment relationship
Prouza, Jiří ; Štangová, Věra (advisor) ; Vysokajová, Margerita (referee)
The thesis deals with notice of termination of employment relationship. It aims not only to analyse current Czech legislation including existing case law, but also to outline possible proposals of amendments (de lege ferenda considerations). It consists of eight chapters. The first chapter is concerned with general issues of labour law - its concept and function, its role in legal system, its relation to civil law and directory or mandatory nature of labour law rules. The second chapter provides a basic analysis of further ways of termination of employment relationship, which are further legal acts leading to termination of employment (i.e. agreement on termination of employment, instant termination of employment, termination of employment during the probationary period), termination of employment on the basis of an official decision and termination of employment by legal events. The third chapter to the sixth chapter deals with current Czech legislation regulating notice of termination of employment and with further related issues - prohibition of notice of termination during protective period and exemptions from this prohibition (chapter 4), invalidity of notice of termination (chapter 5) and employer's obligations consequent upon termination of employment (chapter 6). The third chapter mainly...
|
|
|
Employment of foreigners in the Czech republic
Smrčinová, Zuzana ; Vysokajová, Margerita (advisor) ; Štangová, Věra (referee)
The Czech Republic has recently experienced an unprecedented influx of foreigners into its territory. The majority of those people come because of work opportunities. This phenomenon raises the questions of how to best regulate this influx and how to set the conditions under which these people work, so as to be a benefit and not a burden for society. The Czech Republic has set strict rules in order to prevent the foreigners from negatively affecting the domestic labour market. However, stricter the conditions are, the risk of law infringement is higher. For this reason, the main goal of the Czech legislation concerning the employment of foreigners should be the setting of effective rules in order to enable the state to benefit from the foreigner labour market, while simultaneously ensuring that there are adequate control mechanisms to prevent any infringements of the law. The aim of this thesis is to describe the Czech legislation concerning the employment of foreigners, to highlight the current problems and also the challenges for the future, to draw a comparison between the Czech and Australian legislation and to make further recommendations for the Czech Republic. This thesis is composed of four chapters. The first chapter is introductory and defines the basic terminology relevant to the topic such as...
|
|
|
Employee privacy protection
Karlec, Jan ; Štefko, Martin (advisor) ; Morávek, Jakub (referee)
This thesis deals with the issue of privacy in the workplace. Employees expect to have some privacy at work, even when they are using the employer's equipment. On the other hand, employers need basic information about their employees and they have the right to know that work is being done properly and efficiently. Finding the balance between the interests of both sides is quite complicated and the disputes regarding privacy infringement in the workplace are often decided by highest courts. In concrete, this thesis deals with the processing of personal data in the employment context and with the surveillance of employees. The aim of this thesis is to provide a comprehensive overview of this issue and assess the current level of protection of privacy of employees in Czech Republic. The thesis is composed of nine chapters. The first introductory part of this thesis (chapters 2 - 4) describes the fundamental human right to privacy and personal data protection in general. Chapter Two characterises the right to privacy and chapter Three gives an overview of relevant legal sources. Chapter Four presents basic terms and principles of the processing of personal data under the Act No. 101/2000 Coll., on the Protection of Personal Data. The following chapter looks at collection of personal data before the...
|
|
|
Comparison of legal regulation of notice of termination in the Czech Republic and Poland
Szopová, Magdalena ; Pichrt, Jan (advisor) ; Drápal, Ljubomír (referee)
Title: Comparison of legal regulation of notice of termination in the Czech Republic and Poland The aim of this master thesis is the comparison of legal regulation of notice of termination of employment relationship in the Czech Republic and Poland. This paper provides an overview of the legislation of notice of termination in these two states and in the end contains the comparison and evaluation of legal regulations concerned. The work consists of eight chapters, introduction and conclusion. The first chapter outlines the international and European legislation related to labour law with emphasis on termination of employment. The chapter contains a number of international conventions adopted in particular within the ILO as well as European legislation which deals with this issue. The second chapter contains treatise on termination of employment relationship in general, where the basic sources of national labour law in each country and a brief description of all forms of termination of employment relationship are stated. This chapter also contains a brief description of the relationship between civil and labour law and its development. The third chapter discusses the substantive aspects of notice of termination. It starts with general commentary on the concept of notice of termination, continues by...
|
|
|
Non-competition Clause
Kopsová, Adéla ; Drápal, Ljubomír (advisor) ; Bělina, Miroslav (referee)
The aim of the thesis is to be a comprehensive analysis of the non-competition clause in Czech Labour law. The reason for my research is to examine the non-competition clause, compare and contrast its advantages and disadvantages and to make a conclusion, whether the current legislation meets the requirements of both contracting parties. The thesis is composed of four chapters, each of them dealing with different aspects of non-competition clause, its history and its current problems. Chapter One is introductory and describes the competition in general and in Labour law. The chapter is subdivided into two parts. Part One describes the difference between the competition during the employment relationship and after termination of the employment. Part Two describes the basic terminology and the current state of a non-competition clause. Chapter Two focuses on the history of the non-competition clause in our legislation and illustrates the evolution of such institute. This chapter is subdivided into three parts. Each of them focuses on a specific historical period in the evolution of the non-competition clause. Chapter Three examines non-competition clause in the recent legislative history and comprises of four parts. Part One contains the wording of a non-competition clause in the Labour law legislation...
|
|
|
Termination of the employment relationship with particular emphasis on the notice of termination
Moravcová, Vanda ; Štangová, Věra (advisor) ; Brádlerová, Libuše (referee)
The purpose of my thesis is to provide a summary of the legal regulation and points out legal problems connected with the employment relationship termination. It provides a comprehensive description and an evaluation of the impact of the legal regulation on a common life of a personal/legal entity. Legislation is explained not only in terms of labor law contained in the Labor Code but also with regard to other legislation dealing with the various legal institutes. The thesis is composed of seven chapters, the introduction and the conclusion. Chapter One is introductory and defines basic terminology used in the thesis: the term of employment relationship, the subject, the object and the content of the relationship. The interpretation is essential for understanding the following chapters relating directly to the termination of employment relationship. Chapter Two examines relevant Czech legislation, and deals with the specific methods of termination of employment which are further divided into: legal acts, legal events and the termination of the relationship on the basis of official decisions and the termination of the relationship in some specific cases. The main matter is discussed in chapter Three. The concept of termination is a legal act on its grounds the relationship terminate after an...
|
|
|
Notice of termination of employment relationship
Štosek, Milan ; Vysokajová, Margerita (advisor) ; Štefko, Martin (referee)
v anglickém jazyce Notice of termination of employment relationship The aim of this thesis is to provide a summary of the legal regulation of notice of employment relationship in the Czech Republic. Notice of employment relationship has a huge impact on both employees and employer and therefore important attention should be paid to it. This thesis not only deals with a summary of the Czech current legal regulation of notice of employment relationship de lege lata but also pays attention to potential problems connected with it and gives some proposals de lege ferenda. Furthermore the final part is dedicated to a short legal overview of the foreign legal regulations of termination of employment relationship in two European countries - the Slovakia Republic and the Spanish Kingdom. The thesis is composed of 13 chapters. The first chapter is dedicated to the most important international and European documents dealing with termination of employment relationship. The second chapter deals with a term of employment relationship, gives its explanation and briefly describes all types of termination of employment relationship as well. The main matter of this thesis is discussed in the third and following chapters. The third chapter is dedicated to notice of employment relationship in general and its...
|
guest ::
