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The collective contract
Neshybová, Lýdie ; Vysokajová, Margerita (advisor) ; Štangová, Věra (referee)
Resumé Das Ziel dieser Diplomarbeit war die Zusammenfassung der bestehenden Rechtsregelung von dem Tarifvertrag und zugleich die Entwicklung der Rechtsregelung von den Tarifverträgen. Ich habe gleichzeitig auf die bestehende Rechtsregelung des Tarifvertrags hingewiesen, wie diese Regelung in der Bundesrepublik Deutschland geregelt ist. In den ersten Teil meiner Arbeit habe ich mich mit der historischen Entwicklung von dem Kollektivarbeitsrecht zu der Analyse der bestehenden Rechtsregelung befasst. Der nächste Punkt war die Verankerung des Kollektivarbeitsrechts in der tschechischen Rechtsordnung, die von dem europäischen Recht und von den internationalen Verträgen, durch die die Tschechische Republik in diesem Gebiet gebunden ist, beeinflusst wird. Ich habe mich weiter mit dem einsamen Begriff von dem Tarifvertrag und mit den Begriffen befasst, die mit den Tarifvertrag zusammenhängen. Es geht vor allem über die Begriffe wie die Subjekte von den Tarifverträgen, was der Inhalt von Tarifvertrag sein kann, welche die gesetzliche Voraussetzungen für die Gültigkeit und Wirksamkeit des Tarifvertrags sind, die Speicherung des Tarifvertrags und die Bekanntmachung mit dem Inhalt der geschlossenen Tarifverträge. Am Schluss habe ich die Bedeutung der Tarifverträge für den heutigen Arbeitsmarkt versucht...
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Modes of termination of employment
Takács, David ; Štangová, Věra (advisor) ; Vysokajová, Margerita (referee)
Modes of termination of employment The aim of the thesis is to analyze the legislation and characterize the various modes of termination of employment in the Czech labor law. I have chosen this theme mainly because it is a dynamically evolving and current topic, and it is a constant subject of lively debate in society. The issue of termination of employment affects a wide range of people, governs the relationship between employees and employers. This diploma thesis consists of an introduction, general and specific part, which are further divided into chapters each, and a final part. The general part deals with basic questions of labor law related to termination of employment. It is divided into six chapters. Chapters define the matter of labor law, the concept and elements of the employment relationship and explain the meaning and importance of the principles and functions of labor law. The most important is the protective function, which greatly affects the termination of employment. A significant impact on the Czech labor law has also the law of the European Union and the international organizations. This chapter deals with the relationship between civil and labor law. This chapter also reacts to changes in private law which have a large impact on the modes of termination of employment. The...
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Employment of persons with a health handicap
Šafránková, Kristýna ; Vysokajová, Margerita (advisor) ; Štangová, Věra (referee)
Název diplomové práce v anglickém jazyce, resumé, klíčová slova Employment of people with a disability This thesis sets out to introduce legislation in the employment of disabled persons in the Czech legal system. The thesis is devided into seven parts. The first part deals with the history of the relationship of disabled persons and the society as it recorded the oldest Greek and Roman sources of law as well as sources in our country. It describes several measures that have been introduced to make the lives of the poor and the sick better until 1948 . The second part provides an overview of the most important international sources and sources of the European Union. It describes the protection that these sources provide to basic human rights, the principle of equality and non-discrimination and to regulate the rights and status of persons with disabilities. In the third part the basic principle enabling people with disabilities to full participation in society is analyzed in detail - the principle of equal treatment and non- discrimination. In this part is described the importance of these concepts and their national legislation in the Charter of Fundamental Rights and Freedoms, anti- discrimination laws, labor and employment law. The fourth part describes the employment of persons with disabilities as...
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The prohibition of discrimination in labor relations
Peták, Petr ; Štangová, Věra (advisor) ; Vysokajová, Margerita (referee)
My thesis is focused on the prohibition of discrimination in labor relations. This topic is very large and in future its content will continue to expand. Discrimination occurs in all areas of human life, dangerous a frequently occurring is in the area of labor relations. The aim of this thesis is to analyze legislation of anti-discrimination law in area of labor relations. I will also deal with analyzes of important judgments of the Court of justice of the EU and of the Czech courts. The first chapter defines the basic concepts, which related to the topic of thesis. The second chapter deals with issue of discrimination in labor relations in international law. International legislation is divided on the basis of international organizations that issued these rules. It's mainly United Nations, the Council of Europe and from the area of international organizations which related with labor law, it is International Labour Organization. The third chapter presents anti-discrimination law and case law in the European Union and its impact on the law of the Czech Republic. The fourth chapter deals with the prohibition of discrimination in labor relations in the framework of the legislation in the Czech Republic. There is also described the development of the prohibition of discrimination in Czech legislation. I will...
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Illegal work and the so called "švarcsystem"
Svintek, Jiří ; Vysokajová, Margerita (advisor) ; Štangová, Věra (referee)
- 1 - ABSTRAKT The aim of this master's thesis is to acquaint readers with problems of the illegal work directed to the so-called "švarcsystém". The first chapter analyses the theme of dependent work. The performance of work in the employment is introduced here on the basis of agreements performed outside the employment. As the definition of the illegal work is based on the concept of "dependent work", the interpretation of these legal institutes is very important. The performance of illegal work is connected not only with legal but also with economic problems. Therefore the beginning of the second charter concentrates on the contemporaneous legal adjustment of illegal work based on the Act No. 435/2004 Coll., Act on Employment, as amended, and its relation to the underground economy. Further subchapters reflect the historical development of legal adjustments referring to the performance of illegal work. The main attention is paid to the Act No. 1/1991 Coll., Act on Employment, to the Act No. 435/2004 Coll., Act on Employment, to changes in regulation of illegal work and to the diversion from public to private adjustment on the basis of the Act No. 262/2006 Coll., The Labour Code. The important theme is the amendment of The Labour Code mentioned above by the Act No. 365/2011 Coll., valid from January 1st....
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Legal regulation of employment and unemployment welfare in the Czech Republic
Pastuszek, Marek ; Štangová, Věra (advisor) ; Vysokajová, Margerita (referee)
Legal regulation of employment and security against unemployment in the Czech Republic The issues connected with unemployment deserve big amount of attention, because they can cause some serious problems in the society. This thesis is aimed to analyse legal regulation of employment and security against unemployment in the Czech Republic. Within the process of its creation I have also worked with various legal instruments and commented on their functionality. The thesis is composed of nine chapters. Chapter one characterises right to work and right to employment and explains the difference between these terms. In this chapter I have also widely dealt with international legal documents, which contain right to work. Chapter two focuses on unemployment, its kinds, rate and development over past few decades in the Czech Republic. I have emphasised the consequences of unemployment on individuals and society. Chapter three briefly summarizes conception and functions of labour law and then focuses on goals of state employment policy in the Czech Republic and entities, which participate in its execution. Chapter four deals with arrangement of employment by Labour office and labour agencies. It emphasizes obligations that applicant for a job has to fulfil to use this service. In this chapter I have also tried to...
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Position of Women in Labour Law
Šeflová, Vendula ; Štangová, Věra (advisor) ; Vysokajová, Margerita (referee)
This thesis is focused on legal status of women in the Czech labour law, especially to the equal treatment and the prohibition of discrimination, as a one of the most common legal principle. The thesis describes the historical evolution of legal status of women in the Czech republic, narrates and assesses the contemporary legal regulation, describes the direction of the future legal regulation and compares it with the contemporary legal regulation.
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Liability for damage of the employee caused to the employer
Honzík, Petr ; Štangová, Věra (advisor) ; Brádlerová, Libuše (referee)
Thesis is engaged in labour-law issues of the legal relation between employee and employer in the field of the liability for damage. The thesis is divided in four chapters: the first chapter is engaged in theoretical questions of the labour-law relation and its Czech as well as Euro- pean specificities. The following chapter describes the theory of the labour-law liability and the third chapter is engaged in liability for damage itself. The last chapter develops detailed the topic of the thesis: the liability for damage of the employee caused to the employer in the light of the actual judgments of Czech labour-law courts of justice. The thesis is also engaged in theoretical issues related to the essential principles of labour-law liability as an important element of the labour-law relation de lege lata as well as de lege fer- enda. KEYWORDS employee, employer, liability for damage
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The prohibition of discrimination in labor relations
Ciencialová, Andrea ; Štangová, Věra (advisor) ; Brádlerová, Libuše (referee)
In my work I focuse on problem of discrimination and its prohibition in the labour relations. It's necessary to work with this principle in much more wide context than just as principle in above mentioned relations. The principle of discrimination and its prohibition is very close to another pricipl namly principl of equal treatment. Theese two basic principles are premeated in whole legal system and in many basic and important international documents, documents of European law and documents on conctitutional level in many countries, including Czech republic. So, my work deals with this principles on diffrent levels of law and other related matters. The thesis is composed of introduction, seven chapters, each of them dealing with legislation on a different level, other related subjectss and conclusion. The work is arranged logicly from defining basic terminology used in the thesis through the problems with discrimination and its prohibition in international law, law of European Union and in law of Czech republic. Then the discrimination and its prohibition in labour relations concernig some groups of staff and cases related to each individual group. Means of protection against discrimination and the institution of Ombudsman and his help to the wictims of disrimination are mentined in the end of...
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Legal facts leading to the formation, alternation or termination of basic individual labour relationships
Dolanský, Ladislav ; Vysokajová, Margerita (advisor) ; Štangová, Věra (referee)
The author in his work describes Legal facts leading to the formation, alteration or termination of basic individual labour relationships. The work is divided into five parts. In the first part the author deals with historical progress of relationship between the Labour Code and the Civil Code. The second part of the work is devoted to the system of legal facts, when the author first of all describes their kinds. The author focus on legal acts, so that in the third part of the work deals with legal acts in general aspect however focused on Labour Law, defines general definition of legal acts, their kinds, elements, forms and defects. The fourth part of the work is devoted to particular legal facts in Labour Law. In the first chapter of this part the author deals with legal acts in Labour Law using the criterion whether the legal act leads to the formation, alteration or termination of an employment and also adds agreements of work performed outside an employment. In the second chapter of the fourth part the author deals with other legal facts in Labour Law, explicitly mentions legal events - passage of the time and the death of any subject of a labour relation. In the fifth part of the work the author compares relevant legislation regarding legal facts in Labour Law of the Czech Republic and of the...
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