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Welfare of the elderly and the pension reform in European countries
Štěpánková, Kateřina ; Koldinská, Kristina (advisor) ; Štefko, Martin (referee)
The diploma thesis describes and analyses the current pension system in Czech Republic, including other allowance possibilities of Czech seniors. System's imperfections and their possible reformations are emphasized. Opening part is devoted to the historical development of old age security and constitutional and international basis of the current legal regulation. The second part aims at the pension reform in Czech Republic. Demographic information and main problems of the current system are analysed. Political reform concepts are briefly described and they are reviewed in context. Next, the thesis deals with the pension reform itself and describes changes which have already been done and measures to be taken. Finally the old age security and pension reforms in three different European countries are compared. The countries were selected as the representatives of the three different social state models.
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Employment relations with a foreign element
Chizzola, Philipp ; Pichrt, Jan (advisor) ; Štefko, Martin (referee)
Labour relations containing foreign elements Globalisation has become a decisive factor not only in the field of law but certainly in various other fields effecting people's lives in the third millennium. Hence, the author of this Master's degree thesis is convinced that the significance of labour relations containing foreign elements will grow in the future. The focus of this thesis is on two topics, firstly the determination of the law applicable on labour relations containing foreign elements, secondly the posting of employees. The purpose of this thesis is to analyse whether legal regulation is sufficiently liberal, especially to guarantee the freedom to provide services, one of the fundamental freedoms of the Internal Market. On the other hand, legal rules must not be vague in order not to weaken the position of employees. Legislation relevant to this thesis consists not only of Czech and certainly European legislation but as well of bilateral and multilateral treaties, i.e. sources of international public law. The thesis is composed of five chapters, the two most important being chapter three and four dealing with the above-mentioned aspects. One of the main results arisen from the undertaken research shows that the posting of employees is a ratter difficult matter, imposing challenging...
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Liability of employer for damage resulting from occupational injuries and illnesses
Zoulová, Petra ; Štefko, Martin (advisor) ; Koldinská, Kristina (referee)
Employer's liability for occupational accidents and diseases The purpose of my thesis is to analyze contemporary legal regulation of employer's liability for occupational accidents and diseases in comparison with its former regulation in labour code from 1965. The thesis is composed of seven chapters. Chapter one is introductory with focus on liability for damage in labour law. In the beginning of this chapter the thesis deals with the division of liability for damage into employer's and employee's liability. The first subchapter brings a brief characterization of contemporary legal regulation of employer's liability for occupational accidents and diseases. The second subchapter concerns with mutual relationship between civil code and labour code and the use of civil code in labour law. In the chapter two, you can find a description of terms occupational accident, damage and causality between occupational accident and damage, which are necessary preconditions of employer's liability for occupational accident. Subsequent chapter is about employer's liability for occupational diseases and is subdivided into three parts. Part one gives an account of term occupational disease. Second part focuses on the list of occupational diseases and the third gives an attention to special institute of endargement by...
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Comparational analysis of termination of employment - CZ vs Germany
Formánek, Peter ; Štefko, Martin (advisor) ; Morávek, Jakub (referee)
Zusammenfassung Das Thema dieser Diplomarbeit ist die Beendigung des Arbeitsverhältnisses - Vergleich der Rechtsregelung der Tschechischen Republik und die Bundesrepublik Deutschland. Die Arbeit gliedert sich in fünf Teile, die verschiedene Möglichkeiten der Beendigung des Arbeitsverhältnisses durch den tschechischen und deutschen Gesetzgebung behandelt, und befasst sich detailliert um einzelnen Kündigungsgründe in beiden Rechtsregelungen. Zwischen arbeitsrechtliche Rechtsregelungen beiden Nachbarländern, der Tschechischen Republik und der Bundesrepublik Deutschland gibt es auf einer Seite erhebliche Unterschiede, die sich aus wesentlichen Teil aus der unterschiedlichen rechtlichen und historischen Entwicklung ergeben. Auf der anderen Seite kommt es in der Einigung Europas zur Angleichung der Rechtsvorschriften der einzelnen Staaten, die sich im Bereich des Arbeitsrechts zum Ausdruck kommt. Obwohl sich das Arbeitsrecht ständig weiterentwickelt, behalt sich in jedem Staat seine Individualität, angesichts der Situation des Landes. Derzeit ist die Bundesrepublik Deutschland ein wichtiger Wirtschaftspartner der Tschechischen Republik. Angesichts der Existenz von internationalen Wirtschaftsunternehmen, Arbeitsmigration und grenzüberschreitende Beschäftigung, es ist praktisch, einen Überblick über die...
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Modes of termination of employment
Kuchlerová, Pavla ; Štefko, Martin (advisor) ; Procházková, Eva (referee)
In my graduation theses I focused on the ways to terminate the employment relationship.I enforced chracteristics of each way of the termination and legal possibilites for using it.I mentioned the differences between present - day legal regulations end previous legal regulations. I engaged in specific changes of termination of the employment relationship brought by the present Labour Code in the area of legal regulations, as in the part concerning applicable legal regulations, so in the part defining individual ways of termination of the employment relationship. In the conclusion of this graduation theses I would like to focus on the Labour Code especially with the view of what improvements or on the contrary impairment has brought in the area of legal regulations in termination of the employment relationship on the part of employers and employees. Next I would like to mention several conceptual changes in the Labour Code, which are being prepared by ministry of labour and social affairs. In content of this I would like to introduce some of my de lege ferenda considerations. The Labour Code of 2006 was accepted embarrassedly since its release. It was welcomed by someone, but deprecated by others. The Labour Code was positively classificated especially by trade unions, whom the new legal regulation brought...
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Posting employees within the provision of services
Kotrčová, Šárka ; Štefko, Martin (advisor) ; Procházková, Eva (referee)
76 POSTING OF WORKERS IN THE FRAMEWORK OF PROVISION OF SERVICES RESUMÉ This thesis deals with posting of workers in the framework of provision of services. As I had considered this subject-matter to be topical and very useful for every undertaking in the European Community I decided to analyze current legal background of this area both at the European level and at the Czech level. The aim of this paper is to provide with an overview on the current situation, reveal the lacks of the legislation, eveluate the effectivity of the regulation, make suggestions of improvement and illustrate a possible development in this area in the future. A sufficient part of my thesis is focused on the comparison of the Czech and Belgian legislation concerning posted workers and their work conditions. The paper is divided into six chapters. The first chapter makes an introduction into the topic of posting workers. Chapter two explains the basic principles of free movement of services within the European Community of which the posting of workers is an integral part. The basis of the thesis is then the third chapter which is directed on the European directive concerning posting of workers itself. This chapter defines the basic terminology of the directive, introduces the scope of its application, minimum work conditions, position...
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Social services and the role of non governmental organizations in social security
Klimtová, Ivana ; Koldinská, Kristina (advisor) ; Štefko, Martin (referee)
RESUMÉ. The topic I chose in this thesis is very close for me and I would like to devote it in my further work. I tried to outline the issues of social services and its legislation with the fact that my work is marginally oriented to the senior citizens as users of social services. The first chapter is devoted social services in the social security system in the general and the interpretation sense. I focused on the concepts of social assistance and social welfare as well as I tried to approach them closer. In this part of my thesis I have mentioned the legislation of social services which is enshrined in Act No. 108/2006 Coll., on social services, and the implementing decree of the Ministry of Labour and Social Affairs No. 505/2006 Coll. The closer I focused on the provision of care allowance including the procedure of the care allowance, which I subjected to criticism in part because I think that legislation in this respect is confusing and causes, as is clear from my investigation, some problems. I have analyzed the categorization of social services in the second chapter. In the first part I have made breakdown of social services under the Act No. 108/2006 Coll., on social services, and I was preoccupied with a closer analysis of the social services according to the type and the form. To conclude the...
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