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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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Claims for compensation for accidents at work and occupational diseases
Pavlovský, Marek ; Drápal, Ljubomír (advisor) ; Morávek, Jakub (referee)
1 Claims for compensation for accidents at work and occupational diseases Abstract The topic of this diploma thesis is the issue of the claims of the employee for compensation for accidents at work and occupational diseases included in the broader context of the compensation for pecuniary and non-pecuniary harm in labour law with an accent on the definition of the key concepts with connected institutes. The topic reflects the characteristic attributes, purpose and development of the employer's duty to compensate for pecuniary and non-pecuniary harm, from which the significant part of the work devoted to partial claims for compensation, is based. The diploma thesis is divided into nine chapters, where the topic is described using descriptive, analytical and comparative methods. First chapter is focusing on introducing the field of duty to provide compensation for pecuniary and non-pecuniary harm in private law. The second chapter is devoted to a comparison of the legal regulation of the duty to provide compensation for harm in the Labour Code and in the Civil Code. The third chapter already deals with important aspects of the employer's duty to provide compensation for pecuniary and non-pecuniary harm caused to the employee with employee's duty to provide compensation for damage. The fourth chapter presents...
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Atypical Forms of Employment
Machala, Jan ; Morávek, Jakub (referee)
The thesis deals with atypical forms of employment, from their definition, through legal regulation to their use in practice. Atypical employment is a highly topical issue in labour law. This is confirmed by the development in the European Union countries, where an increasingly clear shift from the typical employment relationship model to atypical forms of employment can be observed. Atypical employment can be a tool to promote higher employment rate, flexible adaptation to the requirements of the labour market and reconciliation of work and family life. The thesis consists of an introduction, three chapters systematically divided into subchapters, and a conclusion. The first chapter deals with the development of labour law in the Czech Republic. The second chapter deals with labour law in the sense of its concept, subject and position in the legal system. The core part of the thesis is its third chapter, which deals with selected atypical forms of employment regulated by the Czech legal system. It analyses agreements on work performed outside the employment relationship, temporary assignment, agency employment, temporary employment, part-time work, job sharing and performing work from home. After an assessment of atypical forms of employment, considerations are presented on the possibilities for...
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Employment of persons with disabilities
Nová, Kateřina ; Lang, Roman (advisor) ; Morávek, Jakub (referee)
Employment of persons with disabilities Abstract The aim of this thesis was to present the issue of employment of persons with disabilities in the Czech legal system as comprehensively as possible. Thanks to the fact that persons with disabilities constitute, according to the Czech Statistical Office, more than 10% of the population and their number is increasing, the Czech Republic has this issue quite comprehensive. Apart from the Czech legal system, this thesis also approaches the most important regulations for defining persons with disabilities in international regulation. The content of this thesis is arranged in five chapters. The first chapter introduces the basic concepts without which it is impossible to deal with this issue, namely the concept of employment and disability. The second chapter defines the category of persons with disabilities in the Czech legal system into two categories, namely disabled persons and persons with disabilities. The third chapter presents the basic definition of persons with disabilities in the most important regulations of the International Organisations. These are the International Labour Organisation, the World Trade Organization, the United Nations, the Council of Europe and the European Union. The fourth chapter is the key chapter of the whole thesis dealing with...
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Temporary agency employment
Zůbek, Jan ; Pichrt, Jan (advisor) ; Morávek, Jakub (referee)
Title of the thesis: Temporary agency employment Abstract The topic of this diploma thesis is temporary agency employment. Temporary agency employment is a type of employment intermediation realized with the cooperation of three entities - the employment agency, the user undertaking and the temporary agency worker. Based on this institute of labour law, temporary agency workers may be assigned to user undertakings to work there temporarily. Temporary agency employment is a popular way of recruiting a labour force, as it provides the possibility to respond relatively quickly and effectively to the need to increase or decrease the number of employees. This work aims to summarise the essential characteristics of temporary agency employment and to point out some problematic aspects of the Czech legislation related to temporary agency employment. The text of this thesis is divided into six chapters. The first chapter deals with employment intermediation and its individual forms. One of these forms is a temporary agency employment, to which the rest of the chapters are devoted. The second chapter is dedicated to the temporary agency employment definition and the characteristics of this institute in terms of its basic attributes: atypicality, flexibility, and precariousness. This chapter also compares temporary...
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Labor relations within the so-called sharing economy
Novák, Oliver ; Pichrt, Jan (advisor) ; Morávek, Jakub (referee)
: Labor relations within the so-called sharing economy This diploma thesis deals with sharing economy, especially in the field of labor law and gig platforms. The first part of the thesis defines the concepts related to the sharing economy. In the following part pros and cons of platform economy are discussed. This discussion is focused on relationship between service providers and gig platforms. The next part of the diploma thesis is devoted to concealment of employment relationship in the gig economy and comparison of this phenomena with " Svarc System". In this context, the thesis outlines some aspects of labor law in the United Kingdom and the United States. The thesis also evaluates the impact of EU Directive 2019/1152 on labor law in Czech Republic. The final part is focused on possibility how to prevent concealment of employment relationship and ways for reduction of negative consequences associated with it.
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The procedure of health care provider non lege artis with respect to social security
Mikudová, Tereza ; Morávek, Jakub (advisor) ; Lang, Roman (referee)
This diploma thesis deals with the procedure non lege artis and its consequences. The aim of the thesis is to analyze the possible impacts of the procedure non lege artis in particular in the field of social security law. For better orientation, the thesis is divided into two parts, with each part being further divided by two chapters, i.e. the thesis contains a total of four chapters. The first part of the thesis deals with the concept of lege artis And the consequences of the procedure non lege artis in the field of social security law, the second part deals with related issues, in particular it focuses on the legal aspects of the relationship between the patient and the provider of health services and the possible consequences of such a procedure in other legal levels. As a general introduction to the issue and to understand other contexts, the first chapter defines the term lege artis for it is the basic concept from which the further content of the work is derived. In this context, the author also reflects on the relationship lege artis and the Article 31 of the Charter of fundamental rights and freedoms of the Czech Republic. In the second chapter, the author points out the possible consequences of violating the procedure lege artis in the field of social security law, the consequences of...
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Transfer of rights and obligations arising from employment relationships
Ševců, Dominik ; Tomšej, Jakub (advisor) ; Morávek, Jakub (referee)
Transfer of rights and obligations arising from employment relationships Abstract The thesis deals with the legal institute of transfer of rights and obligations arising from employment relationships, which is regulated both at European and national level. At the European level, this institute is regulated under 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. At the national level, the institute is regulated under Act No. 262/2006 Coll., the Labour Code, which has recently been amended by Act No. 285/2020 Coll. amending Act No. 262/2006 Coll., the Labour Code, as amended, and certain other related acts. This amendment has fundamentally changed the Czech regulation thereof. The main objective of the thesis is to compare the Czech regulation on the transfer of rights and obligations in the wording prior to and after the aforesaid amendment, with the legislation at the European level. The author also offers his assessment of the current Czech legislation regarding the transfer of rights and obligations and possible de lege ferenda solutions. The thesis is divided into 5 chapters. In the first chapter, the author deals...
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Collective bargaining
Dobeš, Vojtěch ; Pichrt, Jan (advisor) ; Morávek, Jakub (referee)
Collective bargaining The subject of this thesis is collective bargaining. Alongside individual labour law, it is a traditional branch of labour law with roots going back to the 19th century. In the Czech Republic, the foundations of modern collective law were laid as early as 1870, when the so- called Coalition Act was adopted. The great flowering of collective labour law then occurred during the period of the First Czechoslovak Republic. Today, collective bargaining has an irreplaceable place in Czech society. The aim of the thesis is to describe collective bargaining and to reflect on the shortcomings of the Czech legal framework, or to contribute to the general discourse with de lege ferenda considerations. The thesis consists of the introduction, three chapters and the conclusion. The first chapter is devoted to the sources and legal regulation of collective bargaining. In addition to being enshrined in the Czech legal system, including at the constitutional level, the documents of international organisations, in particular the conventions of the International Labour Organisation, have a major influence on collective bargaining. The influence of the Council of Europe or the European Union cannot be overlooked. The second chapter describes the subjects of collective bargaining. The first subject is the...
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Work From Home
Nolová, Karolína ; Morávek, Jakub (advisor) ; Matějka Řehořová, Lucie (referee)
Work From Home Abstract The thesis deals with the current institute of labor law, which is working from home. The aim of this thesis is to explain the basic concepts, to summarize the past and current legislation, to analyze the main shortcomings of the current legislation and problematic points of homeworking, and to propose further direction of the legislation through de lege ferenda considerations. In particular, the main idea of the thesis is to present considerations to remedy the deficiencies of the current legislation. The overall structure of this thesis is composed of four parts. The first section discusses basic concepts such as working from home, working away from the employer's workplace, home office, homeworking and teleworking. Furthermore, this section is focused on the development of the legal regulation of homeworking, not only in the Labor Code, and the international and EU context. The second part examines the current legal regulation of working from home, more precisely working away from the employer's workplace, i.e. the provisions of Section 317 of the Labor Code. The individual defining features are addressed, including the employee's self-scheduling of working hours and the exclusion of wage compensation for other major personal obstacles, overtime and public holidays. This section...
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