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Sexual harassment and other forms of harassment at a workplace
Jíchová, Leona ; Koldinská, Kristina (advisor) ; Matějka Řehořová, Lucie (referee)
Sexual harassment and other forms of harassment at a workplace Abstract This thesis focuses on the issue of sexual harassment and other forms of harassment within the framework of employment relations. It addresses sexual harassment, which can be considered as one of the most serious forms of harassment, as well as a type of discrimination that represents an unwanted, intense and crucial interference in the working life of a harassed person. The aim of this thesis is to analyse the importance of adequate prevention in individual workplaces, the relevance of establishing applicable control mechanisms to ensure compliance with set rules and the inadequacy of the currently provided protection for victims. This thesis proposes possible corrections and tools that should ideally be applied in workplaces and their compliance should be enforced and monitored by state authorities. Moreover, it is gradually supported by related judgements on the matter. The premises and hypotheses are compared with the results of various surveys and studies. The main chapters contain suggestions and considerations aimed at improving the current situation. This thesis is divided into seven chapters. The individual chapters are structured in such a way that the reader first gains a theoretical understanding of the issue and is thus...
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Gender discrimination in the labor market
Križanová, Veronika ; Tomšej, Jakub (advisor) ; Matějka Řehořová, Lucie (referee)
Gender discrimination in the labor market Abstract This diploma thesis deals with the issue of gender discrimination in the labour market. The aim of this thesis was to provide an overview of the current legislation on gender equality, especially in labour relations, and to present the historical development of this legislation. Furthermore, the thesis contains an analysis of the factors that most influence gender discrimination, focuses on individual problem areas and presents what solutions and means of protection are available within the legal system of the Czech Republic. The thesis consists of an introduction, seven chapters and a conclusion. In the first chapter, for a comprehensive understanding of the problem, I explain the basic concepts. The following three chapters deal with the legal regulation of the principle of equal treatment and the prohibition of discrimination. I will try to provide an overview of international legislation, EU legislation and legislation in the Czech Republic. The following fifth chapter deals with gender discrimination in the labour market itself and describes the historical development of the position of women in society, an analysis of the problems women face at different stages of the labour process and, last but not least, important decisions of the Czech courts in...
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Work From Home
Nolová, Karolína ; Morávek, Jakub (advisor) ; Matějka Řehořová, Lucie (referee)
Work From Home Abstract The thesis deals with the current institute of labor law, which is working from home. The aim of this thesis is to explain the basic concepts, to summarize the past and current legislation, to analyze the main shortcomings of the current legislation and problematic points of homeworking, and to propose further direction of the legislation through de lege ferenda considerations. In particular, the main idea of the thesis is to present considerations to remedy the deficiencies of the current legislation. The overall structure of this thesis is composed of four parts. The first section discusses basic concepts such as working from home, working away from the employer's workplace, home office, homeworking and teleworking. Furthermore, this section is focused on the development of the legal regulation of homeworking, not only in the Labor Code, and the international and EU context. The second part examines the current legal regulation of working from home, more precisely working away from the employer's workplace, i.e. the provisions of Section 317 of the Labor Code. The individual defining features are addressed, including the employee's self-scheduling of working hours and the exclusion of wage compensation for other major personal obstacles, overtime and public holidays. This section...
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Discrimination against women in labor law relations
Jandová, Gabriela ; Tomšej, Jakub (advisor) ; Matějka Řehořová, Lucie (referee)
This rigorous thesis deals with the analysis of the issue of discrimination against women in labor law relations. Its aim was to analyze and present specific forms of discrimination through which discrimination against women in employment relationships manifests itself, both before the employment, during its duration, and subsequently at its termination. All this with an emphasis on European case law. Within the processed issues, a partial question was asked whether the current domestic legislation is adequate and whether it corresponds to the seriousness of discriminatory behavior and the needs of society. The case law of the Czech Courts, the Court of Justice of the European Union, the Supreeme Court of The United States, and others were used to fulfill the set goal. At the same time, the researched topics were elaborated in a broader context, specifically economic-sociological. In processing the presented work, I mainly use the descriptive, comparative and analytical methods. The text of the thesis consists of an introduction, four main chapters, which are further divided into individual subchapters, and a conclusion. The first chapter focuses on the equality of men and women and its historical development in legislation. I describe changes in legislation for the equality of men and women which...
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Notice of termination of employment served by employer for employee's health reasons
Svatošová, Leontina ; Matějka Řehořová, Lucie (advisor) ; Morávek, Jakub (referee)
Notice of termination of employment served by employer for employee's health reasons Abstract The thesis deals with the topic of termination for health reasons, i.e., termination based on the causes contained in Section 52 (d) and (e) of the Czech Labour Code. The author's aim is not only to provide a comprehensive examination of the topic itself but also to provide an overview of the most important challenges associated with the termination grounds in question. This purpose is achieved in particular through a thorough analysis and comparison of the rich case law, which is absolutely crucial to the chosen topic and the rapid development of which has been subject to much critical reflection. The secondary aim is to outline possible solutions according to the designed law, both on the basis of professional literature cited in the thesis as well as the author's own conclusions. These suggestions are presented in a comprehensive way, especially in the final chapter of the thesis, but partial ideas can also be found throughout the whole work. Due to the key position of the medical statement in relation to the examined grounds for termination, the thesis also pays sufficient attention to this legal institute and its development over the years with regard to relevant decisions of higher courts. To illustrate the...
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Termination of employment due to employee's redundancy
Lacinová, Kateřina ; Tomšej, Jakub (advisor) ; Matějka Řehořová, Lucie (referee)
This diploma thesis deals with comprehensive analysis of the termination of an employment relationship due to employee's redundancy. The purpose of this diploma thesis is in detail description and analysis of material requirements that are needed to be fulfilled for the employer to be able to validly terminate the employee's employment for redundancy, considering relevant judicial cases. For this purpose, this diploma thesis puts emphasis on analysis of judicial decisions, especially decisions of the Supreme Court of the Czech Republic and the Constitutional Court of the Czech Republic. The text of this diploma thesis consists of an introduction, five main chapters and a conclusion. The first two chapters deals with termination of employment firstly from a general point of view and then from the point of view of employee's redundancy, to define the initial framework for the following chapters. The core of this diploma thesis is formed by the third chapter, containing comprehend analysis of all necessary requirements and problematic aspects related to termination of an employment relationship due to employee's redundancy. This chapter is followed by the fourth chapter which is devoted to defects in necessary material or procedural requirements and its negative consequences related to validity of...
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Employees surveillance from a data protection perspective
Hruška, Matěj ; Morávek, Jakub (advisor) ; Matějka Řehořová, Lucie (referee)
Employees surveillance from a data protection perspective Abstract The topic of the thesis was employee surveillance from a data protection perspective. In the first chapter I outlined the issues of the right to privacy with regard to the employee's workplace and the protection of personal data in employment relationships, together with the relevant legislation, including subsidiary and European regulations. The most relevant regulations in this field are the Labour Code and the directly applicable EU GDPR. In the second chapter, I have slightly stepped forward from the theoretical to the practical level by analysing what the employer-employee relationship might look like under Section 316 of the Labour Code and, in particular, I have discussed the basic principles, conditions and rights of the GDPR such as legality, transparency etc. and then I have presented some more problematic practical examples. In the last part of the chapter, I introduced the concept of connected vehicles, which we cannot yet encounter in full. In the third chapter, I discussed purely practical cases decided before the European Court of Human Rights. In particular, the judgment in Barbulescu v. Romania caused quite a stir in the Czech legal environment. Moreover, the case, just like Ribalda Lopez vs. Spain, was heard by the Grand...
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The Limits of subordination of employee during dependant work
Ludačka, Jan ; Hůrka, Petr (advisor) ; Matějka Řehořová, Lucie (referee)
83 The Limits of subordination of employee during dependant work Abstract An employment relationship is one of a civil law relationships. It differs from other civil law relationships because of its object, i.e. a dependant work and unequal positions of its subjects. At the time of commencement of the employment relationship, an employee becomes subordinate to an employer and the employee obliges to follow the instructions of the employer. The employee spends substantial part of his or her working day in this unequal relationship. Superordinate position of the employer is not absolute. In the history of the Czech labour law, we can see attempts to express this limitation of superordinate position of the employers. For example, the draft of the civil code from 1996 declares that an employee can refuse to perform the instruction of an employer which is not in compliance with the employment contract or the collective agreement and that an employee shall refuse to perform the task which is not in compliance with law. However, the act No. 262/2006 Sb., labour code, only declares that an employee shall perform instructions of an employer if they are made in compliance with law. Such absence of regulation shall not be interpreted in the way that a scope of the superordinate position of the employer is not limited....
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Illegal work - performance of work outside the basic employment relationship
Benešová, Romana ; Morávek, Jakub (advisor) ; Matějka Řehořová, Lucie (referee)
Illegal work - performance of work outside the basic employment relationship Abstract The topic of this diploma thesis is illegal employment according to the provisions of § 5 letter e) point 1 of Act No. 435/2006 Coll., on employment, as amended. The thesis deals exclusively with the fulfillment of the definition of illegal work by performing work outside the employment relationship, ie situations where there is either a concealment of dependent work, its performance without a valid employment contract or the performance of work on examination. The main goal of this work is to connect the field of employment with the field of administrative punishment and thus gain comprehensive knowledge about illegal work and its punishment. The thesis provides a detailed analysis of the current legislation on illegal work and links its wording with selected case law, thus creating a comprehensive overview of the issues addressed. This diploma thesis is divided into four main chapters. In the first part, the graduate focuses on the definition of the terms dependent activity and dependent work, which are necessary for understanding the issues of work outside the employment relationship. The second part of this work describes in detail the possibilities of fulfilling the definition of illegal work, while its important...
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Issues of labour relations in health care
Vitáčková, Nikola ; Tomšej, Jakub (advisor) ; Matějka Řehořová, Lucie (referee)
Title: Issues of labour relations in the healthcare sector The thesis deals with selected labour law problems that arise in the performance of work in the healthcare sector. The introduction defines the basic terms that are necessary for understanding this thesis as a whole, especially terms from the labour law as well as terms from the medical law. Other parts of the thesis are focused on specific areas of labour law, which have certain specificities in the healthcare sector. In particular, the specific working time in the healthcare sector, such as overtime work or on-call work. Furthermore, the issue of compulsory breaks at work, which are often not counted by health service providers towards the work performance of specific health professionals, even though they are not allowed to take a full break because their work must not be interrupted. An equally important issue in the field of employment relations in the healthcare sector is the possibility of taking additional leave, which is granted to employees who perform work that is particularly difficult and the performance of which can have a negative impact both on the physical aspect and also on the mental state. Since one of the basic principles of the performance of dependent work in employment relationships is the payment of remuneration for...
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