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The agreements on work performed outside of employment
Gryciková, Julie ; Matějka Řehořová, Lucie (advisor) ; Tomšej, Jakub (referee)
This thesis deals with the issue of agreements on work performed outside the employment relationship. The thesis focuses not only on the currently valid regulation concerning this institute, but also on the changes that agreements on work performed outside the employment relationship are likely to face in the near future. The thesis consists of six chapters. The first chapter places labour law in the context of the Czech law system and the second chapter places agreements on work performed outside the employment relationship in the context of labour law or labour relations. The following two chapters provide the reader with an overview of the features distinguishing agreements on work performed outside the employment relationship from the employment relationship itself, and other features typical of such agreements. The amendment to the Labour Code is currently going through the legislative process, transposing the European Union Directive on transparent and predictable working conditions in the European Union and the Directive on work-life balance for parents and carers into our legal system. This part of the paper offers the reader an overview of the most important changes that agreements on work outside the employment relationship are likely to see. The fifth chapter deals with specific...
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Atypical Forms of Employment from the Perspective of Flexicurity
Kvapilová, Monika ; Morávek, Jakub (advisor) ; Matějka Řehořová, Lucie (referee)
Atypical Forms of Employment from the Perspective of Flexicurity Abstract The aim of this thesis is the assessment of the legal regulations of selected types of atypical employment from the perspective of the concept of flexicurity. It aims is to analyze the legal regulations of selected types of employment, to identify key elements of flexibility, security and employee protection, and critically evaluate whether the current legal framework meets the requirements of the Czech labor market or not. In case of the requirements not being met, possible solutions shall be proposed within the considerations de lege ferenda. This thesis consists of an introduction, four main parts, which are further divided into chapters and subchapters, and a conclusion. The first part offers a brief introduction to labor law. The second part focuses on the concept of flexicurity, its origin, various interpretations of different professionals, and its utilization in employment policies. It describes several different types of flexibility, security, and employee protection, and their reflection in labor law institutions. The third part is concerned with employment, dependent work, and the distinction between typical and atypical employment. The key part of this thesis is the fourth part, which examines specific forms of atypical...
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Equal treatment and non-discrimination in employment relations
Vaněk, Šimon ; Matějka Řehořová, Lucie (advisor) ; Koldinská, Kristina (referee)
1 Equal treatment and non-discrimination in employment relations Abstract The thesis deals with the principle of equal treatment and non-discrimination in employment relations. The aim of the author is to introduce the basic concepts related to the issue under the thesis, to present the overview of related legislation, to mention sine key case law, to introduce other projects to promote equal treatment and ban discrimination and to evaluate the current legislation as well as recent changes and expected future developments. The introductory part defines basic concepts such as equality, discrimination (including its forms) and positive action. In the following sections, the legislation in international law and in European Union law is presented, including a closer look at some of the case law that can be identified as very important and that has contributed to the interpretation of the legal rules or to legislative changes. Then the regulation of the issue in the legal system of the Czech Republic is presented, from the constitutional foundations through the most important laws, including the Anti- Discrimination Act and the Labour Code, to other laws that relates to the issue. The understanding of the issue of the thesis is also presented with examples from the case law of Czech courts, which precises the...
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Protection of whistleblowers
Fingerhutová, Kristýna ; Morávek, Jakub (advisor) ; Matějka Řehořová, Lucie (referee)
Protection of whistleblowers Abstract This diploma thesis deals with whistleblowing and related protection of whistleblowers. The author set herself the goal of analyzing and evaluating the newly adopted Whistleblower Protection Act and to analyze in detail its selected institutes. During the evaluation of advantages and disadvantages of previously mentioned legal regulation and the evaluation of possible practical impacts, the author reached her own conclusions, which were stated in the text of the thesis. The introductory chapter introduces the concept of whistleblowing, the historical background and the connection with the issue of employee loyalty. At the same time, this part of the thesis provides an overview of relevant international legislation and case law. In order to understand the broader context, the thesis further examines the wording of the European Directive as defining a comprehensive and detailed regulatory framework for all EU Member States and discusses some of its substantive provisions. The thesis also provides an overview of the development of legislation in this area in the Czech Republic, including the search for a path to the adoption of the Act. Following this, the main part of the thesis discusses in more detail selected legal institutes of the Act that have been discussed as...
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Legal regulation of whistleblowing in Czech Republic
Dobiášová, Lucie ; Morávek, Jakub (advisor) ; Matějka Řehořová, Lucie (referee)
Legal regulation of whistleblowing in Czech Republic Abstract This rigorous thesis addresses the current topic of legal regulation of whistleblowing in the Czech Republic. The aim of this rigorous thesis is to provide a general insight into the issue of whistleblowing. The thesis is divided into five parts, which successively analyse the current state of legal regulation, the history of whistleblowing in the Czech Republic, and its development in an international context, the fundamental problems and challenges associated with the protection of whistleblowers, and finally, a detailed examination of the proposed new law on the protection of whistleblowers in the context of the Directive (EU) 2019/1937 of the European Parliament and of the Council of 23 October 2019 on the protection of persons reporting breaches of Union law. In the introduction, this thesis focuses on the definition of whistleblowing, examines the history of whistleblowing in the Czech Republic and abroad, and discusses the concept of whistleblowing in the legal system. The work also presents the main problems and challenges associated with the protection of whistleblowers in the Czech Republic, such as the consequences of the futile expiration of the transposition period and the resulting consequences. In the central part of the work, the...
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Legal analysis of "švarcsystém" and related issues
Řehounek, Miroslav ; Matějka Řehořová, Lucie (advisor) ; Tomšej, Jakub (referee)
Legal analysis of "švarcsystém" and related issues Abstract This thesis aims to provide a comprehensive overview of a labour law phenomenon known as "švarcsystém" in the Czech Republic. This practice can be described as the performance of dependent work as a self-employed person rather than an employee in a regular employment relationship. Though enough attention is paid to its historical roots and its development from the early 1990's, the thesis also later presents ideas on how to deal with this practice. To give the aforementioned and promised "comprehensive overview", the thesis first summarises the developing understanding of what exactly constitutes švarcsystém and where its boundaries lie by analysing the related statute law and case-law up to the time of the thesis' writing. The author describes the latest crucial conclusions of the Czech highest courts on how to distinguish between genuine self-employment and cases of illegal work as that is how švarcsystém is legally understood in the statute-law. What follows is a comparison of an employment relationship and a business relationship of a self-employed person, from both the legal and economic perspective from which the motivation to use this type of legal framework is more clearly visible. The thesis then also pays attention to the downsides of...
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Equal pay
Staňková, Martina ; Tomšej, Jakub (advisor) ; Matějka Řehořová, Lucie (referee)
The aim of the thesis is to explain the concept of equal pay, if society talks about equal pay at all, or rather if it talks about unequal pay. In order to understand the concept of equal remuneration, firstly it is necessary explain the definition of remuneration, its types, and the related systems of payment of individual remuneration. The concept of equal pay is based on fundamental principles such as the principle of equal treatment, the principle of fair pay and the principle of non-discrimination, which are always codified in legislation of the highest legal force. The thesis deals in detail with the legal regulation of equal pay, all at world, EU and domestic level. In contrast to global or EU legislation, national legislation is younger and less developed, yet it is given due attention. A thorough analysis can determine whether the legislation at the above levels is sufficient, applied and enforceable. The issue of equal pay or pay gap and the definition of equal work or work of equal value are also addressed by the Czech judiciary. The thesis provides key decisions that helps to develop the legal provisions. Gender and gender inequality are closely linked to the concept of unequal pay, as gender is the most common cause of unequal pay. Gender inequality in pay is expressed through the GPG...
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Whistleblowing
Miková, Hana ; Morávek, Jakub (advisor) ; Matějka Řehořová, Lucie (referee)
1 Whistleblowing Abstract The thesis deals with the constantly increasing issue of Whistleblowing problematics. Adoption of the Directive on the protection of persons who report breaches of Union law imposes an obligation to the EU Member States to transpose the Directive by 17 December 2021. By the date of finalization of this thesis, the Czech Republic has not complied with this obligation yet and is therefore in a delay for more than one year. The forthcoming Whistleblower Protection Act which would implement the Directive into the Czech law has already passed its first reading in the Chamber of Deputies and is very likely to be adopted soon. The aim of this thesis is to introduce the concept of whistleblowing and its development. It also describes what the introduction of an internal whistleblowing system into internal processes entails, how the regulations govern whistleblowing-related institutes across the Czech law, but also to analyze the current draft of the Whistleblower Protection Act in detail and to present prior legislate attempts. The first chapter is dedicated to the concept and development of whistleblowing in the world and in the Czech Republic. It explains the meaning of whistleblowing and the link between whistleblowing and internal compliance. In relation to the development of...
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Access to employment from a gender equality perspective
Čejchanová, Michaela ; Koldinská, Kristina (advisor) ; Matějka Řehořová, Lucie (referee)
Access to employment from a gender equality perspective Abstract This thesis examines access to employment from a gender equality perspective. However, the content of the thesis has been narrowed down and focuses on access to employment in terms of unequal pay for women and men. The topic of the thesis has been chosen in view of its topicality in the context of the proposed Proposal for a Directive to enhance transparency in remuneration, which will have a significant impact on the Czech Republic. The main objective of the thesis is to present the issue of wage and salary inequality, to evaluate the current state of the legislative regulation of equal pay for men and women and to provide possible de lege ferenda solutions. The thesis is divided into an introduction, two main chapters and a conclusion. The first chapter defines the basic theoretical concepts related to gender pay inequality and also introduces the reader to the Czech legal regulation of equality and non-discrimination as the basic building blocks of gender pay inequality. The second chapter is considered by the author to be crucial as it introduces one of the most important indicators of inequality in the labor market, identifies its key aspects and demonstrates the underlying causes of its emergence, as well as its impact on the individual...
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Account of working time
Peškar, Michal ; Tomšej, Jakub (advisor) ; Matějka Řehořová, Lucie (referee)
Account of working time Abstract The author of this thesis has chosen as his topic the account of working time because it is the most flexible and at the same time the most problematic way of scheduling working time that the Czech labour law regulates. The working time account was introduced as an additional option for scheduling working time as part of the recodification of the labour law with effect from 1 January 2007. Its regulation in the "new" Labour Code is relatively brief. The scholarly literature also discusses it rather briefly and is often limited to paraphrases of the legal text. It does not comment on practical situations and problems except for very few exceptions. Similarly, it is almost impossible to find practical tips and advice for employers. Although the working time account was introduced 15 years ago, it is very rarely used in practice. The author therefore wonders why this is the case. He seeks an answer through a detailed analysis of the legal developments and, above all, the interpretative and practical ambiguities and problems of this institution. He also draws on his legal practice, where he had the opportunity to introduce the working time account with several employers, to set up its rules or to solve problems that arose. In particular, he has dealt with the following areas:...
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