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Employment relations with a foreign element
Chizzola, Philipp ; Pichrt, Jan (advisor) ; Štefko, Martin (referee)
Labour relations containing foreign elements Globalisation has become a decisive factor not only in the field of law but certainly in various other fields effecting people's lives in the third millennium. Hence, the author of this Master's degree thesis is convinced that the significance of labour relations containing foreign elements will grow in the future. The focus of this thesis is on two topics, firstly the determination of the law applicable on labour relations containing foreign elements, secondly the posting of employees. The purpose of this thesis is to analyse whether legal regulation is sufficiently liberal, especially to guarantee the freedom to provide services, one of the fundamental freedoms of the Internal Market. On the other hand, legal rules must not be vague in order not to weaken the position of employees. Legislation relevant to this thesis consists not only of Czech and certainly European legislation but as well of bilateral and multilateral treaties, i.e. sources of international public law. The thesis is composed of five chapters, the two most important being chapter three and four dealing with the above-mentioned aspects. One of the main results arisen from the undertaken research shows that the posting of employees is a ratter difficult matter, imposing challenging...
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A comparison of the termination of employment in selected EU countries (with special focus on the notice in the Czech Republic and Germany)
Reindl, Martin ; Pichrt, Jan (advisor) ; Bělina, Miroslav (referee)
The purpose of my thesis is to analyze the ways, how the employment contracts are terminated in the European Union. The method of my research is to briefly analyze the labour codes (statutes) of the particular european countries dealing with the termination of employment contracts and then compare them, determine conclusions and emphasize the differences. During my research I worked mostly with the original statutes/regulations of the particular countries and also with the relevant professional literature. Among the kinds of labour contract terminations I always prefer the notice of termination and I focus on it. I have chosen these countries to compare : Austria, Czech republic, France, Germany, Slovakia and Sweden. I focused my research on the comparison of Germany with Czech republic, which is actually the main part of my thesis. The thesis is composed of six chapters, each of them dealing with different aspects of the termination of employment. Chapter one is introductory and defines basic terminology used in the thesis and also its structure. Chapter two examines the most important international/european legislation and documents concerning the subject of employment termination. The chapter is dealing with the international labour standards, especially how the employers are secured by these...
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Agency work
Kořínková, Lenka ; Pichrt, Jan (advisor) ; Hůrka, Petr (referee)
Agency Employment This thesis is focused on Agency Employment in the Czech Republic. The aim of this paper is to analyze current legislation of this issue and to highlight its potential shortcomings. The thesis is divided into seven chapters. The First chapter focuses on general characteristics of agency employment. The essence of agency work is a tripartite legal relationship arising between the temporary agency, its employee and the user. Within this relationship temporary work agency assigns the employee to perform work for the user. The Second chapter discusses the sources of legislation on temporary agency work and is divided into two subchapters. In the subchapter entitled "International legal sources", the work deals with the ILO Private Employment Agencies Convention No. 181. The following subchapter entitled "The Community legislation on temporary agency work" is gradually focusing on three important directives of the European Communities - directive No. 91/383/EEC supplementing the measures to encourage improvements in the safety and health at work of workers with a fixed-duration employment relationship or a temporary employment relationship; directive No. 96/71/EC on the posting of workers in the framework of the provision of services; and directive No. 2008/104/EC on temporary agency...
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Leave legislation in Czech republic, and Slovak republic Poland
Niemiec, Iveta ; Bělina, Miroslav (advisor) ; Pichrt, Jan (referee)
Title: Leave Legislation in Czech Republic, Slovakia and Poland Author: Iveta Niemiec Abstract: There are three neighbouring states in the spotlight of this thesis: Czech Republic, Slovakia and Poland. Approach of the annual leave legislation in those countries and mutual comparison could be defined as a main goal. Adumbration of annual leave as a significant part of labour law legislation and its purpose definition, which consists mainly in creating space for recovery and longer rest, is followed by short excursion into the history of legislation development. In this regard the year 1918 is found to be a breakthrough, which opened up the possibility of own legislation in Czechoslovakia and Poland. Getting closer to the leave legislation of particular states is preparation for a comparison of particular institutes and sub-institutes of leave of each labour code. Subsequenlty stated judicature provides an overview of application of legal rules related to the leave. Investigation is concluded by impact of the EU legislation on the particular institutes of the leave. The thesis is finalized by adumbration of inspirational parts of slovak and polish leave legislation. Key words: labour code, leave, recovery, leave entitlement, comparison, inspiration
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Liability for damage in case law
Kulišová, Magdaléna ; Drápal, Ljubomír (advisor) ; Pichrt, Jan (referee)
78 Résumé: Liability for damage in the practise of the courts The purpose of my thesis is to analyze liability for damage in the Czech labour law in the view of the practise of the courts. The study is focused mainly on employee's and employer's General liability, then on the Liability for a shortfall of things entrusted to an employee and the Liability for damage to deposited items. The reason for my research is ambiguous use of this judicial institute and possibility of application of existing judicature in conditions of the new Labour Code. The thesis is composed of eleven chapters; each of them is dealing with various aspects of liability in general and chosen kinds of liability in labour law. First chapter is introductory and defines the structure of the thesis and individual chapters. Chapter two defines the conception of the liability in general and it's aims, which characterise it's function in labour law. Chapter three deals with various kinds of liability and is divided into five parts, each deal with separate kind of liability. Chapter four compares relevant the Czech Labour Code and the former Labour Code. The goal of this chapter is to prove that existing judicature can be applied in conditions of the new Labour Code. It highlights main changes in the Liability for damage and compensation of...
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