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The status and activity of trade unions in labour relations
Steinerová, Zuzana ; Bělina, Miroslav (advisor) ; Tröster, Petr (referee) ; Bognárová, Věra (referee)
This dissertation is presented within the doctoral study on the Charles University in Prague, Faculty of Law. The presented dissertation addresses the issue of the status and activity of trade unions in labour relations. The dissertation deals with the conditions for legal foundation and creation of trade unions, the conditions for their operation at an employer, their organisational structure, the conditions for the dissolution and disbanding of trade unions. The dissertation is also devoted on the questions of plurality of trade unions, as well as the questions of jurisdiction and powers of trade unions in labour relations, focusing on the right of collective bargaining and the right to conclude collective agreements. The dissertation also deals with the collective labour disputes and the various methods of their resolving, focusing on the right to strike as an extreme means for resolving a collective dispute. The presented dissertation also deals with certain issues related to the status of members of trade union bodies (union officials), with the status of labour organisations in the period from the founding of an independent Czechoslovak state in 1918 up until 1989 and an outline of developments in the trade union movement after 1989 and also looks into the right to strike in selected countries of the...
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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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Termination of employment in the Czech Republic and in Austria
Neklová, Markéta ; Tröster, Petr (advisor) ; Štefko, Martin (referee) ; Bognárová, Věra (referee)
This thesis deals with the various manners of termination of an employment relationship according to the laws of the Czech Republic and compares them with the legal regulation of the same or similar manners of termination of an employment relationship in the laws of the Austrian Republic. The thesis is divided into four main parts. The first part deals with the system of Austrian employment regulations. The second part of the thesis is dedicated to the concept of termination of an employment relationship in general and it divides the ways of termination of employment relationship into two basic groups; in particular, the first group is termination of employment relationship based on legal acts and the second group is termination of employment relationship based on legal event. Further, the second part of this thesis discusses the terms employer and employee. The third part of this thesis is devoted to individual legal acts based on which in the Austrian and Czech laws an employment relationship can be terminated which is a termination agreement, termination by notice, immediate cancellation of an employment relationship, respectively exit from employment relationship (in German: Austritt) and dismissal from employment (in German: Entlassung), cancellation of employment relationship during a...
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The status and activity of trade unions in labour relations
Steinerová, Zuzana ; Bělina, Miroslav (advisor) ; Tröster, Petr (referee) ; Bognárová, Věra (referee)
This dissertation is presented within the doctoral study on the Charles University in Prague, Faculty of Law. The presented dissertation addresses the issue of the status and activity of trade unions in labour relations. The dissertation deals with the conditions for legal foundation and creation of trade unions, the conditions for their operation at an employer, their organisational structure, the conditions for the dissolution and disbanding of trade unions. The dissertation is also devoted on the questions of plurality of trade unions, as well as the questions of jurisdiction and powers of trade unions in labour relations, focusing on the right of collective bargaining and the right to conclude collective agreements. The dissertation also deals with the collective labour disputes and the various methods of their resolving, focusing on the right to strike as an extreme means for resolving a collective dispute. The presented dissertation also deals with certain issues related to the status of members of trade union bodies (union officials), with the status of labour organisations in the period from the founding of an independent Czechoslovak state in 1918 up until 1989 and an outline of developments in the trade union movement after 1989 and also looks into the right to strike in selected countries of the...
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Transfer of undertaking and collective dismissals in a European perspective
Randlová, Nataša ; Bělina, Miroslav (advisor) ; Hůrka, Petr (referee) ; Bognárová, Věra (referee)
In her PhD thesis, the author deals with the legal regulation of transfer of undertaking (and the passage of the employees' rights and obligations it involves) and the frequent collective redundancy related to such transfers. Both sets of provisions dealing with these topics are embodied in the Czech Labour Code and are harmonised with the EU directives pertaining to these fields, specifically Council Directive 2001/23/EC of 12 March 2001 on the approximation of the laws of the Member States relating to the safeguarding of employees' rights in the event of transfers of undertakings, businesses or parts of undertakings or businesses (originally, Council Directive 77/187/EEC of 14 February 1977 on the approximation of the laws of the Member States relating to the safeguarding of employees' rights in the event of transfers of undertakings, businesses or parts of businesses) and Council Directive 98/59/EC of 20 July 1998 on the approximation of the laws of the Member States relating to collective redundancies. The two directives mentioned above were already transposed to the Czech Labour Code in 2001 by means of an amendment adopted under No. 155/2001 Coll. As regards the rules governing collective redundancies, it can be stated, in substance, that the original regulation of 2001 remained unchanged and...
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