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Dependent labour, including the issue of so-called "Švarc systém"
Slavík, Nikola ; Pichrt, Jan (advisor) ; Štefko, Martin (referee)
The master's thesis focuses on one aspect of labour law in the Czech Republic. Specifically, it provides a thorough interpretation of the Czech legal regulation of dependent labour, including the issue of the so-called švarcsystem. In order to achieve such purpose, the thesis uses information from the Act No. 262/2006 Coll., the Labour Code, as amended, the Act No. 435/2004 Coll., The Employment Act, as amended, available doctrinal literature and case law of Czech courts and the European Court of Justice. The interpretation is performed by a comparision of the past and present Czech regulation, as well as the theoretical background and practical implications, which is the core of the focus of the master's thesis.
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Competitive clause in labour law
Kudela, Tomáš ; Pichrt, Jan (advisor) ; Drápal, Ljubomír (referee)
Competitive clause in labour law The purpose of the thesis is an analysis of competitive clause (non-competition clause) in the Czech labour law. The thesis also contains a comparison of attributes competitive clause with the legislation in other European countries. The author of the thesis recommends changes to be made in Czech legislation. The thesis is composed of three chapters, which are Definition of basic terms, History and evolution of competitive clause and Current legislation of non-competition clause in the Czech Labour Code. Each chapter is divided into subchapters according to the relevant issues. Chapter One consists of six parts. The first four parts deal with the explanation of basic terms used in the thesis. These are labour law, employment law relationship, employee and employer and the concept of competition. In the fifth section is briefly introduced competition legislation in commercial law. The last subchapter focuses on competitive activity in labour law with an emphasis on competitive activity of the employee for the duration of the basic employment law relationship. The second chapter examines the history and evolution of non-competition clause in the area of current Czech Republic. This chapter is divided into subchapters according to the periods, in which is described the...
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Liability for a damage in the practise of the courts
Gergeľová, Zuzana ; Drápal, Ljubomír (advisor) ; Pichrt, Jan (referee)
Liability for a damage in the practise of the courts: The aim of the thesis is to analyse liability for damage in the Czech labour law with an emphasis on the case law. The thesis contains examination of various aspects of liability for a damage in the labour law with the highlight on a practice of the courts. There are five chapters included in the thesis. The first one begins with the general conception of the liability in the Czech law. The liability for damage with the specification of its basis is described next. The next part points out that there are basically two kinds of the liability for damage: the liability of an employee and the liability of an employer. The ending of the first chapter is dealing with the significance of the case law in the continental Europe system, particularly in the Czech law. The second chapter characterises the liability for a damage of an employee. The General liability of an employee with a detail analysis of the basis of the liability, which can be found through the whole thesis, is presented firstly. In the next part focuses on the basic requirements for the formation of the distinctive liabilities for a damage, the Liability for a shortfall in things entrusted to an employee and the Liability for a loss of the things entrusted to an employee. The last part of...
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Notice of termination due to organizational reasons under Section 52(a) through (c) of the Labour Code
Zábranský, Petr ; Pichrt, Jan (advisor) ; Drápal, Ljubomír (referee)
The aim of this thesis is to deal with the notice of termination due to organizational reasons under Section 52(a) through (c) of the Labour code. The topic of the thesis does not consist only in organizational changes and a notice of termination linked to them, its purpose is to describe the whole picture of the process of giving the notice to an employee and details which an employer must remember to keep the notice valid. The thesis is composed of ten chapters not counting the Introduction describing the motive for choosing the topic of the thesis and the aims of the thesis and the Conclusion containing the brief evaluation of the legal regulation. Chapter One deals with the labour-law relations, their concept and the distinctions between the individual labour-law relations and the collective labour-law relations. Chapter Two is concerned with the termination of employment in general and describes the division of the ways in which employment may be terminated, i.e. legal acts, legal events or authoritative decisions. Chapter Three elaborates the issues common to all reasons for the notice, which means that the attention is paid to these reasons, the written form of notice, delivering and the withdrawal of the notice and the participation of trade unions in a termination of employment. Special attention...
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Labour-law consequences of violation of employment duties by employee
Španvirtová, Nikol ; Pichrt, Jan (advisor) ; Štangová, Věra (referee)
The aim of this thesis is to present a systematic overview of the legal instruments that the Labour Code provides to employers against employees who breach their duties. It is the societal interest that the obligations have been followed, and so it is in the labour process. By each breach of working obligations undesirable loss may arise to employers, notwithstanding on a possible overall decrease in the labor moral on the workplace. The Labour Code does not contain a definition of violations of duties, therefore a large role in its evaluation plays a judicial practice. Therefore much of this thesis is based on case-law. The thesis consists of four chapters, which are further divided into subchapters and parts. The first chapter describes the various sources from which duties of employees during the working process can occur - legislation, contracts, internal regulations of employer and instructions of the employer or the employer's senior staff. The second chapter deals with the obligations of employees that are required to comply with. At first, attention is paid to the obligations that apply to all employees without exception, then further there are discussed specific responsibilities of senior employees and employees who provide state administration and self-government. From the very specific...
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Wages and salary
Grulichová, Blanka ; Pichrt, Jan (advisor) ; Hůrka, Petr (referee)
The purpose of this thesis was to describe the issue of law treatment of labour remuneration, primarily remuneration by wage in private-law sphere and by salary in budgetary sphere. The main source, that explains the treatment of wage and salary is the law number 262/2006, legal code of labour and its further notifications and other implementing rules based on legal code of labour. These implementing rules are government regulations. Wage and salary, or rather the amount of wage or salary is an important factor, by which a potential employee chooses his employment. From the amount of salary unfolds employee's standard of living and his social position, his social status. In my thesis I was first dealing with wage, its characterization, function, the way, how it is determined and also its protection. For this purpose are for Czech Republic binding International Labour Organization (ILO) agreements, primarily ILO agreement number 95 about the protection of wage. The protection function mingles through the whole law of labour, when is necessary to protect an employee as a weaker side of labour-law relations. The subsequent chapters of my thesis I dedicated to salary, by which are remunerated employees in nonbusiness sphere, where the resources for salaries flow from public finance. This is the reason,...
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Reducing earning capacity in employment relations
Zumrová, Olga ; Pichrt, Jan (advisor) ; Hůrka, Petr (referee)
70 Summary The purpose of my thesis is an analysis of the legal limitations a competitive and economic activity of the employee during the duration of employment relationship and after its termination, not only in labor law but also commercial law, criminal and competition law. The thesis is composed of five chapters: The first Chapter addresses the issue of prohibition of competition both according to business law in general and in the related company law. Included was also a part dedicated to the unfair competition. The basic institutions of competition law are also mentioned. The second Chapter of my thesis also includes a view of criminal law, as a law of last instance, used in cases where means of other parts of law have become ineffective. This section also contains the analysis of the two crimes, that covered the issue of prohibition of concurrency. The third Chapter contains a short list of laws related to labor code, but include special treatment of the employment relationship for a specified group of employees. The fourth Chapter is devoted to the area of Labour law. The chapter is subdivided into three parts. First part of chapter describes the historical evolution of the institutions in the Czech law and also evolution of Labour Code. Other part of the chapter is introductory and defines basic...
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Flexible Forms of Employment
Urbanová, Lucie ; Hůrka, Petr (advisor) ; Pichrt, Jan (referee)
Flexible forms of employment This diploma thesis deals with the flexible forms of employment as an alternatives to regular form of employment. The focus of the first two chapters is to determine the basic terms regarding the topic of this thesis; the following chapter concentrates on the flexible forms of employment regulated by Czech law in particular, i.e. Fixed-term contract, part-time job, homeworking, agreements on work carried out beyond employment and agency employment. In the scope of introduction of the particular flexible forms of employment this thesis in detail deals with the Czech law regulation of these forms of employment and follows up their benefits and drawbacks to the parties of the before mentioned agreements. The thesis briefly mentions some legal issues besides the labor law, especially the issues from fields of the social security law and the tax law.
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Violation of employment duties by employees
Balíčková, Eva ; Pichrt, Jan (advisor) ; Bělina, Miroslav (referee)
1 Abstract Theme of this paper is breaking of employee duties. It's very actual issue, because, although it's basically negative phenomen, which disturbs due runnig of working process, it's common part of labour relations. In addition though only one breach of employee duty can be cause of quite serious consequences for employee as well as for employer. The purpose of my thesis is to provide comprehensive information about breaking of employee duties, analyze recent legal regulation and highlight eventual deficiencies and problems related to interpretation. The starting point for it is recent legislation as well as judicature related to this field. Prepared legislative changes are taken into account too. The thesis is composed of five chapters which are subdived into subchapters and parts. The First Chapter is introductory. It describes history of legal regulation of work discipline within ours territory and explains meaning of concept "breaking of employee duties" pursuant to recent legislation. The Second Chapter deals with employee duties. Firstly there is mentioned obligation of employers to inform employees about their duties and possible ways how employee duties can be created, eventually concretized. After that follows mere characterization of particular employee duties. The Third Chapter...
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Agency employment
Tomčíková, Ilona ; Pichrt, Jan (advisor) ; Bělina, Miroslav (referee)
- Agency Employment For my thesis topic, I have chosen "Agency Employment". It's a relatively young institute, which was incorporated into our legal system only on October 1st, 2004. I believe that Agency Employment topic can be always considered current and positive, because it allows us to flexibly react to the needs of the job market. Since the topic is very broad, the goal of this paper is not a detailed analysis of all aspects of this institute, but only a few of them that I consider to be most important. I shall present and evaluate current law governing the subject and also try to point out its flaws. I have structured the thesis into 4 chapters, further divided into subchapters. The conclusion contains summary and de lege ferenda reflections. At the beginning it is appropriate to introduce the topic, therefore the first chapter is dedicated to the Agency Employment concept and other connected topics. That includes employment mediation, license for employment mediation and dependent work. In the second chapter I examine the progress of Agency Employment law in the Czech Republic. Firstly I present the state, when this institute wasn't included in our legal system, then I put mind to the current law. This chapter includes also a detailed analysis of the International Labour Organisation...
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