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The legal regulation of satisfaction of employees wages claims while their employer is in the insolvency
Dvořáková, Aneta ; Štefko, Martin (advisor) ; Vysokajová, Margerita (referee)
The legal regulation of satisfaction of employees wages claims while their employer is in the insolvency This thesis deals with the satisfactions of wages claims of the employees while their employer is being insolvent. It is described on the base of the valid special legal act number 118/2000 Sb., which gives the person the possibility how to ask for the wages claims that were not payed out by their employer. There is described the role of the Labour office which is approved to the satisfaction of employees claims according to that special legal act. The thesis is concentrated on the practical aspects of this area and there is said how this topic deals with an other area of our legal system and other legal acts. As the main condition for application of that special legal act is the beginning of the insolvency process with the concrete employer decribed. After this procedure is started than could be the employees claims satisfied by the Labour office if the legal conditions are filled. There are also decribed the preliminary legal questions which could be necessary to sort out by the Labour office and which could be connected with the satisfaction of employees claims. In the other part there is the description of the deciding process about the emloyees claims by the Labour office. It is focused on the...
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Employing people with disabilities
Bubeník, Martin ; Vysokajová, Margerita (advisor) ; Štefko, Martin (referee)
In view of the fact that the number of people with disabilities is steadily increasing, it is necessary to focus on creating adequate conditions to enable them to experience the most valuable life possible. Employing disabled people embodies one of these conditions. The issue of employing this group of people has come to the forefront of the 20th century. At the international level, employment of disabled people was adjusted after the Second World War. Efforts to legislate on the employment of this group were driven by the need to adjust social rights that had previously been excluded. Since then, many conventions, declarations or recommendations have been issued by international organizations, where the principle of integrating disabled people into the normal healthy population has been increasingly applied. International conventions and European law have become the basis for the creation of national law on people with disabilities and their integration into society through employment. The real boom in the creation of a comprehensive policy for the benefit of a group of people with disabilities arose in the 1990s. The disability benefit has also been built on the issue of the prohibition of discrimination which, unfortunately, even today, people face disabilities, and it is important to say that this is...
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Posting of workers in the framework of the European Union
Franc, Jakub ; Štefko, Martin (advisor) ; Tomšej, Jakub (referee)
This thesis deals with the institute of the temporary posting of workers in the framework of the provision of services between the member states of the European Union. It aims to describe in detail and to analyse the legal regulation of the issue and to highlight the uncertainties that occur during the realisation of the posting. The first part deals with the primary law of the European Union and with the related jurisprudence of the Court of Justice of the European Union, while emphasising the link to the internal market and the freedom to provide services. The second part deals with the detailed analysis of the Directive 96/71/EC of the European Parliament and of the Council of 16 December 1996 concerning the posting of workers in the framework of the provision of services which represents the basic regulation of the posting of workers at the European level. It is followed by the third part which deals with the later adopted Directive 2014/67/EU of the European Parliament and of the Council of 15 May 2014 on the enforcement of Directive 96/71/EC concerning the posting of workers in the framework of the provision of services which seeks to prevent fraudulent practices and provide better information on the labour law conditions to be applied to posted workers. Part four deals with the proposal for...
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Company health care services
Kheková, Tereza ; Tomšej, Jakub (advisor) ; Štefko, Martin (referee)
Company health care services Abstract The thesis deals with the legal regulation of the company health care services. The thesis' aim is to describe and evaluate the current legislation of the basic institutes of the company health care services and to point out the changes brought by the amendment to the Act on Specific Health Services, which became effective on 1st November 2017. The main chapters of this work are dedicated to the parties of the company health care services and medical documentation/patients' summaries. The thesis is divided into five chapters. The first chapter provides a brief overview of the legislation, which governs the area of company health care services. This legislation includes not only the national legislation but also the international and European law. The second chapter explains the term of health care services. It further divides company health care services into expert care, advisory and supervisory activities. The third chapter deals with the parties of the company health care services, which are the company health care services provider, the employer and the employee, and also points out their rights and obligations in the provision of company health care services. The largest part of this chapter is devoted to the company health care services provider, who has an...
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Legal aspects of social housing considering the bill on social housing
Hon, Matěj ; Lang, Roman (advisor) ; Štefko, Martin (referee)
The thesis explores legal assumptions of social housing in the Czech Republic. Defining social housing, the thesis frames the topic in the relation to other terms - housing policy, right to housing, or residential social services. Characteristics of the Czech social security system are shown in the historical perspective of Czech Lands since the second half of the 19th century. Based upon the historical investigation, author deduces major structural consequences for the contemporary social housing. The main goal of the thesis is evaluation of the ongoing legal frame regarding to applicability of new trends of social housing. Reflecting upon the recent development, the thesis also deals with unsuccessful bills on social housing and shows major trends in the Czech social security system which are related to housing. The thesis draws upon an analysis of legal tools related with provision of social housing in the Czech Republic. In this part, author distinguishes three levels of legal norms. The first level represents prevention of housing problems, the second level provides norms to support those who have housing problems, ant the third level regulates position of municipalities in the social housing system. Author concludes that the norms differ in presumption of living in standard housing (civil...
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Mediation and its usage in labour law litigation and in employment issues
Čechová, Alena ; Štefko, Martin (advisor) ; Morávek, Jakub (referee)
Mediation and its usage in labour law litigation and in employment issues Abstract This thesis provides an insight into the field of mediation as an alternative method of dispute resolution. This method is approached through the optics of labour law litigation perspective which in the author's point of view offers a huge potential for further development. Even though the key point stands in the field of labour law, the whole thesis has an interdisciplinary design following the design of the method described. The interdisciplinary focus aims to the fields of psychology, sociology and philosophy. The thesis is divided into four main sections. Their composition follows the focus point from concrete to abstract concepts. The first part aims to integrate the field of labour law into the law system. The main focus is given to the dualism of the law system and the relation of the public and private law considering its relation to the labour law. The second part is devoted to conflicts and mainly reflects the symptoms of conflict and their classification. The negatives and positives of both are considered and discussed. The labour law disputes are highlighted as a typical example of a conflict. The third part describes possible solutions to the labour law disputes and then focuses on the presented method,...
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Advantages and disadvantages of the at-will employment doctrine
Váchová, Kateřina ; Tomšej, Jakub (advisor) ; Štefko, Martin (referee)
Advantages and disadvantages of the at-will employment doctrine Abstract This diploma thesis is focusing on the at-will employment doctrine, which is the default principle dominating employment law in the United states of America. Its aim is to evaluate advantages and disadvantages of the at-will employment doctrine. As a prerequisite for further analysis of possible advantages and disadvantages, the thesis in its first part defines terms such as employment law, employment contract and employee in the context of legal order of the United States and takes into account significant differences arising from the differences between anglo-american and continental legal culture. As a next step in its second part this diploma thesis provides a description of basic compoments and historical development of the at-will doctrine, which is the default and key principle controlling employment relationships. In the third to fifth part the thesis is dedicated to the three main exceptions to the doctrine, which were developed by common law over time. These exceptions are public policy, implied in fact contract and a covenant of good faith and fair dealing. Each of these exceptions is at first conceptually defined and then its influence on employment relationship disputes is described. Continuously, it is summarized in which...
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Agency employment
Keher, David ; Štefko, Martin (advisor) ; Tomšej, Jakub (referee)
- Agency employment The title of my diploma thesis is agency employment. Agency employment was incorporated into the Czech law in 2004. It is an institute that is used in practice for its flexibility, which employers and also the agency employees appreciate. The area of agency employment is very specific and wide. The aim of the work is to define the basic notions associated with the agency employment, including the definition of the concept of agency employment itself and related issues. The diploma thesis consists of eight main chapters. In the first one, I set out basic law regulation of the agency employment. The second chapter defines notions associated with the agency employment, and which are necessary to know. The third chapter defines concept of agency employment itself and in the next subchapter are differences between secondment and temporary assignment of the agency employee to the user. The fourth and fifth chapter are devoted to entities involved in the process of agency employment. These entities are the labor agency, the user and the agency employee. The equal working conditions and salary conditions of the agency employee and the issues associated with that are discussed in sixth chapter. The end of the diploma thesis is focused on practical part of the theme. Economical model of...
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Working hours, their duration and work schedule
Halušková, Martina ; Štefko, Martin (advisor) ; Lang, Roman (referee)
Working hours, their duration and work schedule Abstract The diploma thesis deals with the topic of working hours and related institutes in Czech labor law in order to provide a comprehensive overview of the valid legal regulation. In addition, the work deals with the issues of breaks and rest periods, which are inseparably related to working hours. The thesis is divided into six chapters, which are subdivided into subchapters. The first chapter contains a historical excursion into the history of working hours regulation in the Czech lands from the Middle Ages to the present. I also mention the valid legal regulation of working hours at international and national level. The second chapter defines the concept of working hours, followed by a detailed description of each of the related institutes - its length, scheduling of work, work overtime, night work, on-call duty and working hours register. The following chapters discuss the organization of working hours for employees who look after children or other natural persons, pedagogical workers, workers in transportation and employees working under agreements to work outside the scope of employment. For these employees, there are some deviations from the general legal regulation of working hours or special conditions, as I refer here. The last chapter deals with...
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The legal regulation of the transfer of rights and obligations from employment relationships : A Comparative Study of the European and Czech Legal Approach
Čupa, Jozef ; Vysokajová, Margerita (advisor) ; Štefko, Martin (referee)
The legal regulation of the transfer of rights and obligations from employment relationships A Comparative Study of the European and Czech Legal Approach ABSTRACT The thesis contains a legal analysis of the transfer of rights and obligations from employment relationships. Since it is a comparative study of the European and Czech legal approach, the author compares the legal regulation of the transfer of rights and obligations from employment relationships contained in the 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 ("Directive") with the Czech legal regulation contained in the Czech Labour Code, as well as in other special laws. The analysis of the respective rulings of the European Court of Justice forms a substantial part of the thesis, as these explain and complete the legal regulation contained in the Directive and are also to be observed when applying the transfer of rights and obligations from employment relationships under the Czech law. The author's references to numerous discrepancies that had arisen in the process of transposition of the Directive into the Czech legal system and which give rise to...
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