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Flexible forms of employments
Horáková, Jana ; Hůrka, Petr (advisor) ; Morávek, Jakub (referee)
- Flexible forms of employment This thesis deals with the flexible forms of employment as an alternative to an indefinite term employment with eight-hour working days and as an instrument for increasing employment relationship flexibility. These forms of employment, also called atypical or precarious, are attractive for employees who want to achieve a balance between their professional and personal lives, or for employers who can use these forms of employment as a competitive advantage or as an instrument to solve their economic problems. The thesis is divided into introduction, conclusion and five chapters which are divided into sub-chapters. The first chapter briefly describes the terms and principles which are important for the characterization of flexible forms of employment. The second chapter contains the definition of flexible forms of employment, their enumeration and brief summary of the survey on how czech employers use the flexible forms of employment. The third chapter deals with the flexible forms of employment provided for in the Labour Code. Namely fixed-term contract, agency employment, agreements on work carried out beyond employment, part-time job and homeworking. The next chapter deals with the forms which are not contained in the Labour Code, namely job sharing, compressed...
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Selected issues of status of a professional athlete
Pospíšil, Daniel ; Pichrt, Jan (advisor) ; Morávek, Jakub (referee)
v anglickém jazyce (abstract in English) This thesis discusses the very topical issue of the status of professional athletes. The answer to the question whether the exercise of a professional sporting activity falls within the definition of dependent work in accordance with the Labor Code is currently still unresolved. Although there are strong arguments in favor of the subordination of at least part of the legal relations in professional sports under the labor legislation, the current situation is exactly the opposite. The vast majority of athletes today carry out their activities as self-employed persons. In this respect, the practice in the Czech Republic differs from the majority of other, not only European, countries where athletes normally have the status of an employee and possess the corresponding rights. This practice was recently explicitly allowed by the Supreme Administrative Court, stating that despite all the similarities, such activity is so specific that it defies the notion of dependent work. Czech law does not currently include any regulation of this issue, whilst it is evident that the current wording of the Labor Code is in fact inapplicable to the specific relationships in professional sports. It is therefore no wonder that the Czech sport clubs take advantage of the option not...
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Dependent work in the area of modeling
Rak, Jindřich ; Štefko, Martin (advisor) ; Morávek, Jakub (referee)
This diploma thesis concerns legal relations in the modeling sector, particularly between models and their agencies. Its aim is to analyze present contracts, rights and duties and to discuss them from the perspective of labor law. A hypothesis is presented which assumes that those relations are de facto relations between workers and their employers despite the form and name of the agreement between contract parties, which refers to it as a business deal. The thesis consists of two main chapters. The first of them introduces the concept of "dependent work," which is used by the Czech legislation to determine which relations should be regulated by the labor law. It covers the reasons for such a concept, argues with the present legal criteria of dependent work and offers other approaches for identifying it. The second chapter deals with the practical problems present in the professional modeling branch. It shows the display of standard modeling work in the Czech Republic and the poor legal standing of models. By exploring the contracts and content of practical modeling work and judging whether they meet the criteria of dependent work, the thesis proves its hypothesis, namely that modeling in the context of the Czech legal system should be considered an employer-employee relationship. At the end of the...
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Personal data protection in employment formation
Morávek, Jakub ; Pichrt, Jan (advisor) ; Hůrka, Petr (referee)
1 Resumé Personal data protection in employment formation This thesis is concerned with the questions of personal data protection in connection with labor-law relationships. In the concrete the author focuses on personal data protection in formation of the employment. First the author deals with general legal basis of the issue and, consequently, the author analyses personal data protection in positive law, namely in the Act No. 101/2000 Coll., on the Protection of Personal Data, as amended. The author examines in detail some questionable duties of the employer connected with processing of personal data of his employees and, at the same time, refers to the imperfection of transposition of the Directive 95/46/ES of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of these data. On the basis of given comments the author in the general level presents the scope of personal data that can be requested by the employer from the employee in formation of the employment. The author deals with often discussed cases of processing of personal data in the labor-law relationship as for example using of the employee 's photography, recording his family relationships etc. By means of practical example of...
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Welfare of women during maternity and parental leave
Baboráková, Renáta ; Morávek, Jakub (advisor) ; Lang, Roman (referee)
This thesis focuses on the welfare system of women during maternity and parental leave, primarily for specific benefits, which are in maternity and parenthood provided. System of state social support to women subject to conditions childbirth, child benefits and parental pay. For the childbirth, the work highlights specific situations that may arise in life. They are taking a child into permanent parental care, surrogate motherhood and the death of a child. For child benefits is given consideration above its level and subsequently at the parental pay instance of fraudulent conduct involving the unauthorized receipt of benefits or readers are informed on the progress of the amendment to the law on state social support. Sickness insurance system is provided benefit maternity pay, for example, which analysed the possible claim women on maternity benefits in specific situations (pregnant student, pregnant person exercising custodial sentence, etc.). For each benefit is each explained the general conditions for entitlement to, and also its amount. Although the work is devoted mainly to women, and a separate section of this paper deals with the men and their opportunities to take the place of women and care for the child. Of course it mentioned welfare system in this period. Even though the work is mainly...
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Non-competition clause
Šťastný, Kryštof ; Drápal, Ljubomír (advisor) ; Morávek, Jakub (referee)
TITLE: Non-competition clause AUTHOR: Kryštof Šťastný DEPARTMENT: Department of Labour Law and Social Security Law SUPERVISOR: JUDr. Ljubomír Drápal ABSTRACT: The aim of this thesis is to present a comprehensive description of the historical development of legal regulation of the non-competition clause from 1910 onwards, to point out the most important aspects of the current legal regulation, and to compare Czech legal regulation of this institute with its equivalent in German legal system. To achieve this aim, an analysis of the historical regulation of the non-competition clause is conducted and the positives and negatives of each regulation are presented. Emphasis is nevertheless put on the analysis of the present legal regulation of the non-competition clause in the Labour code. To put the Czech regulation of the non-competition clause into international context, a comparative analysis of Czech and German regulation is conducted, and the positives and negatives of the German regulation are assessed. The most important terms and concepts are introduced and defined in the first chapter to make their usage clear for the rest of the thesis. The second chapter is dedicated to the historical development of the regulation of the non-competition clause in the present-day Czech Republic. The historical...
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Sanctions for Breaching the Obligations within Employment Law Relationships
Odvárková, Kateřina ; Morávek, Jakub (advisor) ; Štefko, Martin (referee)
The author conceives the presented thesis partly as a case study, when she illustrates different aspects of sanctions on a practical example defined for the purposes of this work. Furthermore, she maps different kinds of aspects related to analyzed sanctions. The thesis is divided into the introduction, five main chapters and the conclusion. Overall, the work has two parts, the first one is the introduction and the first chapter, second part consists of the definition of the practical example, from which it derives, then the second, the third, the fourth and the fifth chapter and the conclusion. In a brief introduction, the author has a think about the meaning of general terms such an obligation, a legal obligation and sanctions for breaching duties. The first chapter contains a definition of terms that are analyzed further in the work. Furthermore, the chapter continues with the general definition of sanctions, particularly from the perspective of legal theory, including the attempt on the author's own definition of sanctions. As an introduction to another part of the work is defined a model case from which the work (partially processed as a case study) further unfolds. The basis of this case is a breach of the obligation to pay out employees wages. On this basis, in the text are more fully...
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Disclosure of wrongdoing in labour relations
Petrová, Anežka ; Morávek, Jakub (advisor) ; Pichrt, Jan (referee)
The submitted diploma thesis deals with the topic of disclosure of wrongdoings, which has lately gained attention due to the recent considerations of the possible complex legislative proposal in the Czech Republic. Therefore the purpose of this thesis is to analyze the current legal situation of disclosure of wrongdoings in the Czech Republic, along with analyzing all the aspects that should be taken into account when considering a legislative proposal, as well as analyzing and evaluating the legislative proposals that have already been submitted. The first part of the thesis presents the subject of whistleblowing and the different approaches to the subject, which are presented by the authors of the frequently used definitions. Then the author deals with the very essence of the issue and answers the question why it is necessary to legally regulate the area of whistleblowing. This thesis also presents various problematic questions including ethical matters inextricably linked with whistleblowing. Subsequently, the thesis provides an overview of international commitments of the Czech Republic consisting of the most important documents, both hard law and soft law, related to the reporting of wrongdoings together with other relevant activities of the international instutions such as decisions of the...
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Analysis of the consumer behavior
Morávek, Jakub ; Koudelka, Jan (advisor) ; Skokanová, Dagmar (referee)
The bachelor thesis focuses on the analysis of the consumer behavior. The thesis is divided into two main parts. The first part deals with the consumer behavior in the theoretical point of view and with the factors affecting it. The second part refers to author's and the MML-TGI research which analyse the most common signs of consumer's decision making and behavior.
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