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Working hours, their duration and scheduling
Králová, Markéta ; Procházková, Eva (advisor) ; Štefko, Martin (referee)
WORKING TIME, ITS DURATION AND ALLOCATION SUMMARY Working time is relevant working conditions. For employee and employer are legal regulations of working time, its duration and allocation very important. The life of employee is impressed with regulation and concrete used form of working time, because working time is closely linked with rest time. The employees are in labour relation the inferior side that is why the labour code guarantee against employers by peremptory rules. Legal regulation of working time is arranged in fourth part of act Nr. 262/2006, labour code, which is effectual from 1.1. 2007. Legal code contains legal regulation of general provisions of working time and its duration, of allocation of working time, of lunch break and safety break, of rest time, of nightwork, of overtime, of working preparedness and of joint provisions of working time and one last of enabling clause. The new labour code reinforce expressively the principle of liberalization. Labour code extend liberty of contract of participants of labour relation. The employers can schedule working time of employees more flexible. Juridical institute of flexible rate working time was established. Conception of working time was extended. Now working time is time in which the employee must work for employer, and time in which the...
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Liability in employment law
Koubalíková, Lucie ; Procházková, Eva (referee) ; Štefko, Martin (advisor)
97 Liability in labour law Summary This diploma paper analyzes liability in labour law with focus on liability for damage. At first the diploma paper introduces conception of liability in general and idea of liability in labour law considering different position of employee and employer in labour relations. The diploma paper then enumerates the types of labour-law liability. The next chapter concentrates on liability for damage. This chapter describes characteristic features of liability for damage and prerequisites for occurence of liability for damage. Functions of liability for damage are detailed as well, namely prevention of damage. The following chapter elaborates liability for damage of an emloyee and an employer. This analysis includes general liability and special types of liability in order to compare types of liability for damage. The chapter contains specification of compensation for damage. The final chapter mentions brief comparison of liability for damage of an emloyee and an employer, labour-law liability and civil-law liability and evaluation of actual legal arrangement with regard to distinction between former and currently valid Labour Code. The diploma paper gives attention to application of legislation, practical cases, experiences described in expert literature and jurisdiction in...
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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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