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Working Time Account in the Czech Republic and in selected EU countries
Flachs, Milan ; Štefko, Martin (advisor) ; Tomšej, Jakub (referee)
The topic of the diploma thesis is the institution of working time account in the Czech Republic and in selected countries of the European Union. Its aim is to carry out a detailed analysis of the Czech legal regulation of the working time account and a comparative analysis with the foreign legal regulation, as well as to present the author's de lege ferenda considerations and to increase awareness of this unappreciated method of scheduling working time. The thesis contains an introductory part, which is devoted to the topic of working time in its traditional concept, and which, beyond the general interpretation, contains an analysis of the case law of the Czech courts and the Court of Justice of the European Union. In addition, the author discusses some practical problems that arise in the field of working time. This part lays the foundation for the following text and the author uses the interpretation contained therein as a frame of reference for the purposes of the other parts of the thesis. The second part of the thesis focuses on the legal regulation of the working time account in the Czech Republic, both its current version and its historical development. It presents a detailed analysis of all aspects of the working time account, both in legal- theoretical and practical terms. It describes...
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Legal status of professional football players according to the labor law
Skokánek, Tomáš ; Tomšej, Jakub (advisor) ; Lang, Roman (referee)
In this thesis, I deal with the legal status of professional football players according to the labour law. The thesis is divided into three parts. The aim of the first part of the thesis was to analyze whether the performance of professional football is dependent work that must be therefore performed in a basic employment relationship. Furthermore, in this part I dealt with the possible forms of cooperation between players and clubs according to the current legislation in the light of the judgments of the Supreme Administrative Court, which I am analyzing. The aim of the second part of the thesis was to analyze the practical applicability of the Labor Code to the performance of a professional football. I also looked at the consequences for the players of the fact that they do not perform their activity in an employment relationship. The aim of the third part of this thesis was to consider whether a legislative change is needed to solve the problem of the uncertain status of professional football players. In this part, I draw attention to the risks associated with possible regulation, but I primarily propose, in my opinion, the best solution to the given situation. First in the annotated version, and then also in the paragraph version. The conclusion of this work shows that the position of professional...
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Inspection of occupational safety and health protection
Sahula, Michal ; Štefko, Martin (advisor) ; Tomšej, Jakub (referee)
Inspection of occupational safety and health protection The topic of this diploma thesis is the conduction of inspection in the field of occupational safety and health protection (OSHP). The thesis aims to analyse the conduction of these inspection activities and the associated rights and obligations of individual entities that take part in this activity. Term conduction of inspection can be understood as conduction of inspection activities performed by an employer and associated subjects, employees and their representatives and inspection activities of administrative agencies with a focus on the conduct of inspection by the labour inspection bodies. The introduction briefly introduces term occupational safety and health protection and inspection. In the first chapter is described historical development of the term OSHP and inspection of OSHP. In the second chapter are listed elemental sources of legislation in the field of OSHP and inspection on the international level, level of the European union and domestic level. The third chapter is focused on the internal inspection of OSHP and is divided into two parts. The first one focuses on the description of the conduct of inspection activities by the employer and associated entities. The second part describes the rights of employees and their...
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Sexual harassment and other forms of harassment at a workplace
Jíchová, Leona ; Tomšej, Jakub (referee)
Sexual harassment and other forms of harassment at a workplace Abstract This thesis focuses on the issue of sexual harassment and other forms of harassment within the framework of employment relations. It addresses sexual harassment, which can be considered as one of the most serious forms of harassment, as well as a type of discrimination that represents an unwanted, intense and crucial interference in the working life of a harassed person. The aim of this thesis is to analyse the importance of adequate prevention in individual workplaces, the relevance of establishing applicable control mechanisms to ensure compliance with set rules and the inadequacy of the currently provided protection for victims. This thesis proposes possible corrections and tools that should ideally be applied in workplaces and their compliance should be enforced and monitored by state authorities. Moreover, it is gradually supported by related judgements on the matter. The premises and hypotheses are compared with the results of various surveys and studies. The main chapters contain suggestions and considerations aimed at improving the current situation. This thesis is divided into seven chapters. The individual chapters are structured in such a way that the reader first gains a theoretical understanding of the issue and is thus...
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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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Work - life balance
Mýtinová, Melissa Marie ; Tomšej, Jakub (advisor) ; Koldinská, Kristina (referee)
in English language Work-life balance This diploma thesis explores various (international, European, and Czech) legal sources and practices related to work-life balance. The changes brought by the Directive (EU) 2019/1158 of the European parliament and of the Council of 20 June 2019 on work-life balance for parents and carers are also taken into account throughout the thesis. The historical development of working time is analysed, as well as its current status in modern society and expectations for the future. Different forms of flexible working arrangements, such as flexible working hours, job-sharing, and homeworking, are discussed in detail, along with the benefits and drawbacks of each. The thesis also covers part-time jobs and their role in promoting work-life balance. The role of obstacles to work on the employee's side in balancing their personal and work life is also described, particularly those related to life events such as childbirth and caring for children or close family members. This includes maternity leave, paternity leave, parental leave, carer's leave (caring for a family or household member) and long-term care. The related financial compensations that correspond to these obstacles to work are also described. The thesis further provides information on other tools for balancing...
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Reconciliation of family and work life in healthcare
Mandíková, Marie ; Štangová, Věra (advisor) ; Tomšej, Jakub (referee)
Reconciliation of family and work life in healthcare Abstract Reconciliation of family and work life is currently a topic of fundamental importance, not only from the perspective of the individual, but also from the perspective of society, as it relates to many issues of societal importance, such as the promotion of equality between men and women on the labour market, increasing the employment of women and motivating young couples to start families in order to increase the birth rate. Although the topic of harmonization of work and family life is currently receiving relatively high attention, and the regulations of labour law and social security law contain a wide range of instruments supporting the reconciliation of family and work life, it shall be remembered that there are professions that are more accessible than others for harmonizing work and family life (especially, for instance, "white collar" jobs, with the possibility of relatively wide flexibility). However, there are also professions in which it is very difficult to imagine an employee working from home or using, for instance, flexible working hours, as the nature of that particular profession does not allow it. This diploma thesis is devoted to the conflict between the legal theory of the harmonization of family and work life with practice in a...
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Trade union plurality at an employer
Kalina, Vojtěch ; Tomšej, Jakub (advisor) ; Pichrt, Jan (referee)
Trade union plurality at an employer Abstract In this thesis I deal with the issue of trade union plurality at an employer. In the thesis I describe the role of trade unions and the development of the legal regulation of their plurality. In doing so, I analyse the conclusions of the Constitutional Court expressed in the ruling Pl. ÚS 83/06 and its implications for current and possible future legislation. I also describe the problematic aspects of the current legislation in this area. These problems concern both the representation of non-unionised employees in individual matters and, in particular, collective bargaining. The aim of the thesis was to try to suggest possible options for solving the current unsatisfactory state of the legislation. The thesis analyses three basic options for dealing with trade union plurality in the context of collective bargaining. These are the introduction of the majority principle in some form, the involvement of employees by way of voting, and allowing for the existence of multiple collective agreements at a single employer. Changing the conditions for starting of functioning of a trade union at an employer is mentioned as an additional option. Finally, I discuss the possibility of addressing problematic aspects in the context of a situation where a trade union is to...
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Employment law in times of coronavirus pandemic
Burdová, Tereza ; Pichrt, Jan (advisor) ; Tomšej, Jakub (referee)
Employment law in times of coronavirus pandemic Abstract This thesis on employment law in the coronavirus pandemic focuses on the impact of the pandemic on Czech legislation, presents the author's own view on the issue and offers a comparative view of the legislation of the Slovak Republic, the Federal Republic of Germany and the United Kingdom of Great Britain and Northern Ireland. This thesis takes into account the legal situation from 1 March 2020 to 31 December 2022 and is divided into six chapters. After a general introduction defining basic concepts and briefly summarising the employment legislation of the selected countries, the individual chapters follow and address important employment law topics in the context of the coronavirus pandemic. The second chapter focuses on impediments to work, assessing the various impediments to work related to the coronavirus pandemic on the part of both the employee and the employer, followed by contribution during periods of partial unemployment. The third chapter focuses on the ordering of annual leave as one of the options to deal with a crisis and examines the impact of the pandemic on the regulation of annual leave. Another theme is home working, as the coronavirus pandemic has triggered the rise of various forms of flexible working, with the need to reconcile...
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