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Housing Interventions: Comparative Study
Klika, Petr ; Tomšej, Jakub (advisor) ; Lang, Roman (referee)
This thesis aims to provide the reader with a comparative legal analysis of various interventions of the public sector in the area of housing availability. The scope of the analysis covers the Austrian, Italian and Czech jurisdiction. It includes social security instruments (social benefits and social services) as well as certain subsidized forms of housing. The compared jurisdictions have been chosen considering, among others, the different owner and rental housing ratio. Austria is generally considered a strong social state that has potential to become a source of inspiration for foreign policy makers in social affairs. As regards Italy, especially its system of subsidized housing is worth being analysed. The structure of the thesis consists of seven chapters: introduction, methodology, constitutional and international law aspects, Czech regulation, Italian regulation, Austrian regulation and conclusion. Since the attitude to housing issues varies in the compared jurisdictions, the chapters are dedicated to the jurisdictions as a whole instead of particular instruments being compared across all the jurisdictions. Both substantial and procedural aspects are analysed in the main chapters of the thesis. Unlike the Czech regulation, both Austrian and Italian system include significant regional...
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Material security of the elderly - old age pension and pension reform
Biedermann, Patrik ; Lang, Roman (advisor) ; Tomšej, Jakub (referee)
- 1 - Material security of the elderly - old age pension and pension reform Abstract The topic of this diploma thesis is the material security of the elderly - old age pension and pension reform. Its aim is to present the issue of old-age pensions in detail, to point out the shortcomings of the Czech pension system and offer the possibility of comparing it with the pension systems of Chile, Great Britain and Sweden. The first part defines the legal regulation of old-age pensions and their purpose. The conditions of entitlement to a pension are also described, namely the retirement age and the condition for obtaining the required period of pension insurance. The calculation and amount of old-age pensions are outlined and individual types of this pension are illustrated by using model example. Moreover, the issue of working pensioners is discussed. The second part of the thesis deals with the organization and management of the material security of the elderly. Specifically, the competence of social security authorities in this area is determined and then the individual phases of proceedings before these authorities are described. The proceedings have the nature of administrative proceedings and require a high level of expertise of the Czech Social Security Administration officials. In addition, the chapter is...
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Claims arising from invalid employment termination
Šulc, Radim ; Tomšej, Jakub (advisor) ; Lang, Roman (referee)
Claims arising from invalid employment termination Abstract in English language The goal of this Master thesis is to discuss and analyse the law and case law surrounding invalid employment termination and claims arising from such disputes. An unseparable part of this issue is the distinction whether such an action taken by a party is valid, invalid, or putative. In the introducion i describe the goals and themes of this Master thesis in more detail. In the first chapter I describe employment itself, it's features and it's importance in the context of Labour Code. I also discuss the difference between it and other types of labour contracts, and I try to find an answer to why there is such a few cases of parties pursuing legal action in response in invalid termination of these contracts. The second chapter contains the ways employment can be lawfully terminated, where I focus primarily on unilateral termination. I describe the relatively uncomplicated mutually agreed employment termination, dismissal both from the employer's end and the employee's end, including all legal grounds for dismissal. Then I briefly describe severance pay, an important claim of the employee. The next subchapter deals with immediate termination of employment, within the duration of probatory period or not, with emphasis on the...
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The sickness insurance benefits system
Křivůnková, Michaela ; Lang, Roman (advisor) ; Tomšej, Jakub (referee)
The sickness insurance benefits system Abstract This diploma thesis deals with sickness insurance benefits, which create a comprehensive system, whose main goal is to provide social security to economically active people, especially in the case of short term loss of income, due to social incidents, such as sickness, sickness attendance, pregnancy or maternity. This thesis analyses conditions of entitlement of the particular benefits, as well as the calculation of their sum. Due to significant complexity of certain calculations related to sickness insurance benefits, this thesis also contains practical examples. Attention is also paid to some specific areas of sickness insurance, because of their relatively new legislation. The text of the thesis, except for the introduction and conclusion, is divided into four chapters. The first chapter does not deal with the sickness insurance benefits, but rather introduces the concerns of the sickness insurance; outline its development and basic principles. The second chapter focuses on participation in sickness insurance in both employees and self-employed people. The subject of participation in sickness insurance is significant in terms of the assessment of the conditions of entitlement to insurance benefits; due to the participation in sickness insurance being one of...
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The issue of the use of biometric data in labour relations
Dobiášová, Lucie ; Morávek, Jakub (advisor) ; Lang, Roman (referee)
The issue of the use of biometric data in labour relations Abstract This diploma thesis deals with the current topic of the legal framework for the protection of biometric data in the context of labour relations. With the development of information technology, interest in the use of biometric data is growing. It is becoming common in the workplace that the biometric data are used, among others, for recording attendance, gaining access either to the workplace itself or to the individual work equipment. Their use is simple and convenient, as employees can use for verification their fingerprints, iris scans, etc. However, biometric data are inherently unchangeable, which is an advantage as well as the Achilles heel of their processing. Therefore, due to their nature, they fall into the category of sensitive personal data and as such enjoy enhanced protection. Development in the field of information technology suggests that biometric data are highly likely to become part of everyday life. Hence, it is more than appropriate for this development to be reflected in the legislation. The aim of this diploma thesis is to provide a general insight into the issue of using biometric data in the labour relations, where a particularly high increase in their use can be expected. The first part of this thesis acquaints the...
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The issue of fair remuneration
Seidlová, Jitka ; Tomšej, Jakub (advisor) ; Lang, Roman (referee)
The issue of fair remuneration The diploma thesis focuses on the issue of fair remuneration in the Czech Republic, or rather lack thereof. The aim of this paper is to outline and evaluate the legislation of fair remuneration that is currently in effect. It must be said that the current fair remuneration legislation, at the first sight, seems to be sufficient and effective in practice. However, that is not true yet, as one of the remaining issues of fair remuneration is the inequality in the remuneration of women and men, where women are generally paid less than men for the same work. This thesis comprises of five chapters. The first chapter provides an overview and evaluation of the legislation of fair remuneration. The second chapter attempts to define the term "fair remuneration" while also outlining other key terms. In general, fair remuneration is such that is in absolute accordance with the current legislation. However, that does not guarantee that such remuneration would be perceived as fair by the employees themselves. Therefore, each employee should know how he or she is remunerated and what specific criteria affect the amount of his remuneration. It follows that each employer should have a transparent remuneration system in place, which would indicate which criteria play a role in...
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Working hours and some other related institutions of healthcare workers
Nyklová, Aneta ; Morávek, Jakub (advisor) ; Lang, Roman (referee)
1 Working hours and some other related institutions of healthcare workers Abstract This diploma thesis deals with the working hours of workers working in healthcare, but also comments on other areas that are associated with working hours. It is possible to find in it a comprehensive overview of valid and effective legislation, which is supplemented by relevant European case law related to the area currently addressed. In addition to the current situation, the aim of the thesis is also to verify whether the legislation is effective and whether it is complied with. The thesis is divided into several chapters, beginning with an explanation of labor law principles and central concepts of the whole thesis - the worker and the employer in healthcare. The most comprehensive chapter is the chapter devoted to the main topic of this thesis, working hours. The concept of working hours, its records and length are discussed here, while the concept of shortened and shorter working hours was not omitted. Other chapters deal with institutes such as night work, overtime, on-call time or rest periods. The chapter devoted to overtime work also discusses its remuneration, as the only remuneration in this whole thesis, because remuneration for overtime work in healthcare forms a large part of monthly remuneration and it is...
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Pension reform in the Czech Republic
Pastuszek, Marek ; Štangová, Věra (advisor) ; Lang, Roman (referee)
Pension reform in the Czech republic Abstract This thesis analyzes the development and changes of the pension system in the Czech Republic. The main attention is paid to the legal regulation of old age pension. Old age security is an essential element of the social stability of the state. The share of older people in the population increases in the long term, which places higher demands on the state budget. The main goal of implementation of the pension reform is to take measures to make the pension system sustainable in the future. The thesis is systematically divided into five chapters. The first chapter deals with social rights, their development and enshrinement in the documents of international organizations and the Czech legal system. Social rights belong to fundamental human rights. In the context of the thesis, adequate material security in old age is the most important right. The second chapter discusses the social security system. Its task is to deal with social events affecting the population. It uses various legal instruments for this purpose, especially social insurance. The social security system is affected by number of factors, which are also described in this chapter. The third chapter is dedicated to the current legislation of the pension system in the Czech Republic. Its pillar structure...
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The Prohibition of Discrimination Based on Disability in the Field of Employment Relationships
Kreiža, Vladimír ; Tomšej, Jakub (advisor) ; Lang, Roman (referee)
The Prohibition of Discrimination Based on Disability in the Field of Employment Relationships Abstract The aim of this master's thesis is to evaluate the standard of the protection of people with disabilities from discrimination in the field of employment relationships in the Czech Republic, to identify the reasons of this state and especially to provide de lege ferenda proposals, that could lead to the increase of the standard of the prohibition of discrimination based on disability in the field of employment relationships. The used research methods are mainly analytical and empirical methods. The master's thesis starts with the legislative regulation of the prohibition of discrimination based on disability in the field of employment relationships on the international law level, where the Convention is crucial, and continues toward the level of EU and national law. Czech anti-discrimination law embodied especially in the Antidiscrimination Code and regulating the prohibition of discrimination based on disability in the field of employment relationships, is based on the Framework Directive. Therefore, a significant part of this thesis is devoted to the Framework Directive and the relevant Court of Justice of the EU's decisions, within the CJEU interpreted the Framework Directive and filled many white...
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Photographs of People from Employer's Point of View
Hendrychová, Jitka ; Morávek, Jakub (advisor) ; Lang, Roman (referee)
Photographs of People from Employer's Point of View Abstract This thesis deals with capturing the image of employees and other people on photographs and use of these photographs by an employer. The aim is to address possibilities of using image of people, from its creation, publishing it or using it in different ways, to its erasure or destruction, all of that in labour law context. This thesis is divided into three main chapters. The first part deals with protection of personality of an individual in Civil Code and Labour Code. It describes capturing the image of an employee and using the image with and without their consent. Second chapter focuses on photographs in context of data protection, mainly with respect to processing photographs as personal data using legal titles in Art. 6 of Regulation (EU) 2016/679 of the European Parliament and Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation). The findings from previous chapters are applied on practical situations in all stages of employment in the third chapter. Part of this chapter is dedicated to the responsibility of an employee to abide the creation of portrait and to the questions of...
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