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Whistleblowing as a means of employer protection
Zajíček, Jan ; Morávek, Jakub (advisor) ; Tomšej, Jakub (referee)
1 Whistleblowing as a means of employer protection Abstract This doctoral thesis regards the term whistleblowing, i.e. the protection of the notifier of harmful conduct. The author has chosen this topic primarily due to the current importance of this topic. The initial part of this thesis is concerned with the general themes, the explanation of the terms, and the history of whistleblowing. In addition, this document analyzes the sources of international laws regarding this phenomenon that relate to the Czech Republic and the Czech legal order. Furthermore, this thesis discusses the European Union legislation relating to whistleblowing and focuses on the Directive (EU) 2019/1937 of the European parliament and of the Council of 23 October 2019 on the protection of persons who report breaches of Union law, which can currently be considered the most important source of law regarding the whistleblowing and simultaneously to be the template for the Czech national legislation in development. This thesis analyses and documents the contents of this directive. Although the term whistleblowing is still novel to the Czech law, its aspects can be found in several legal branches. Therefore, this thesis considers its sources not only from the perspective of the constitutional, labour, criminal, and administrative law but...
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Protection of employees in the event of transfer of employer
Koubková, Barbora ; Hůrka, Petr (advisor) ; Morávek, Jakub (referee)
Protection of employees in the event of transfer of employer The master's theses deals with the topic of the transfer of rights and obligations from employment relationships and related institutes of protection of the employees affected by the transfer. The topic is regulated at the European Union tier by Council Directive 2001/23/EC of 12 March 2001 on the approximation of the laws of the Member States relating to the safeguarding of employees' rights in the event of transfers of undertakings, businesses or parts of undertakings or businesses, which has been transposed into national law as Section XV of Part Thirteen of Act No. 262/2006 Coll., the Labour Code. The thesis introduces both tiers of legislation, the relevant case law of the Court of Justice of the European Union and the Supreme Court of the Czech Republic and evaluates the implementation of the Directive 2001/23/EC into the national system. The first part of the work is an explanatory one as it describes the meaning of some of the fundamental labour law terms and contexts for the purposes of the following text. The second part introduces the transfer of an undertaking, business or part thereof under the Directive 2001/23/EC and formation of the rules by the Court of Justice of the European Union, in particular the development of the...
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Labour law issues in the area of professional sports
Dušek, Šimon ; Tomšej, Jakub (advisor) ; Morávek, Jakub (referee)
Title of the thesis: Labour law issues in the area of professional sports Abstract This thesis concerns the relationship between labour law and the specifics of sports and sports activities as a mass society-wide phenomenon with a significant overlap into law. Legislation in the Czech Republic still does not follow the global trend in the area of status of professional sportsmen, which is oriented towards the explicit recognition of sportsmen as employees so the sportsmen are provided with the highest amount of rights possible as the weaker parties in relation to sports clubs. On the contrary, the position of the Czech sportsmen within the legal system is still unclear and the desired clarification is not provided even by the relatively extensive case law of the Supreme Administrative Court. In the vast majority of cases, the Czech sportsmen use the status of self-employment. In general, this thesis will focus on professional team sports, especially the football environment, whose legal framework provides the most suitable sample to demonstrate theoretical conclusions contained herein. For the purposes of comparison, the practice of Great Britain and its legal structure of sports environment will be analysed. The first part of this work will focus generally on sports and its specifics, mainly its separation...
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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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Protection of whistleblowers.
Mihaliková, Zuzana ; Morávek, Jakub (advisor) ; Hůrka, Petr (referee)
This Master's thesis deals with the topic of the protection of whistleblowers, or persons reporting wrongdoing, as the term is often translated into Czech. The first part of the thesis deals with the approach to the issue, the history of whistleblowing, definitions of basic terms and concepts necessary for its further understanding, and general remarks, why it is necessary to protect the reporting persons. Furthermore, the thesis describes obligations arising in the field of protection of reporting persons under the international law and in particular, from the case law of the European Court of Human Rights, and further analyses the rules of the new EU Directive on the protection of persons who report breaches of Union law. The Directive was approved at the end of 2019. It represents a comprehensive set of principles and rules, whose purpose is to ensure a high level of protection for whistleblowers across all Member States, including the Czech Republic, through the introduction of common minimum standards. Like other EU Member States, the Czech Republic is obliged to transpose the Directive into the national law by 17 December 2021 at the latest. The final part of the thesis analyses the Czech legislation on the whistleblowing. This concerns both the current legislation, the sufficiency of which has been...
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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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Protection of Personal Data Prior to Employment
Nová, Karolína ; Morávek, Jakub (advisor) ; Tomšej, Jakub (referee)
Protection of Personal Data Prior to Employment Abstract The development of new technologies has completely changed the view on how personal data is being processed in labor relations. Screening job seekers on social networks or using artificial intelligence to analyze a candidate's predispositions are, at first sight, much less intense and conspicuous forms of invasion of privacy than traditional surveillance methods such as the use of security cameras. Employees and job seekers are therefore in a very disadvantageous position, which has not yet been reflected on the level of EU legislation. The legal regulation of personal data protection is very specific in its abstraction. When processing personal data, it is necessary to keep in mind the basic principles of data handling, and each processing should therefore be (among other things) purposefully limited, minimized, transparent and correct. However, these concepts are so abstract that their interpretation is the subject to countless debates even among personal data protection experts. In view of the above, it is understandable that it may be very difficult for many employers to know what specific measures of data protection are to be applied. For this reason, in practice, there is considerable formalism in the application of some institutes which stems...
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Transfer of Rights and Obligations Arising from Employment Relations in the Context of Decision-Making Practice of Court of Justice of the European Union (CJEU)
Povetz, Oskar ; Morávek, Jakub (referee)
This thesis deals with the issues of transfer of rights and obligations arising from employment relations. The main objective of the thesis is to map the CJEU existing judicature and summarize the conclusions arising therefrom. The thesis is divided into several chapters. After a brief description of some historical development of legal regulations of this issue in the Czech Republic as well as the European Union, the question whether CJEU judicature is binding for courts of EU Member States is dealt with in brief. According to my finding, it is. The substantial part of the thesis is, therefore, focused on conclusions of CJEU judicature related to the interpretation of Council Directive 2001/23/EC. This judicature thus forms a crucial information source for my thesis. The judicature in question tells us that according to the above directive transfer of rights and obligations is linked to an economic entity which retains its identity. Such an economic entity can have two basic forms depending on the activity carried out, i.e. it can be formed by a group of employees or by tangible and intangible property. Depending on the type of the economic unit, we can assess individual criteria to decide whether such a unit has been transferred or not. Transfer of rights and obligations can occur only in...
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Legal and illegal work of foreigners in Czech Republic
Novakovská, Ivana ; Tomšej, Jakub (advisor) ; Morávek, Jakub (referee)
The topic of this diploma thesis is legal and illegal work of foreigners in Czech Republic. Both legal and illegal work are related to the performance of dependent work. Therefore, the thesis begins with the definition of this term when the author describes the individual characters of dependent work stipulated not only by the law but also by applicable case law. At the end of the first part, several tests of employment which are helpful for the identification of the performance of dependent work are explained. The second part is devoted to the conditions of foreigners' stay and employment in the Czech Republic, divided into two groups of foreigners. Firstly, the citizens of the EU, EEA and Switzerland and their family members, especially regarding the free movement of workes stipulated by the Treaty on the Functioning of the European Union and the topic of posting workers in the context of the transnational provision of services. Secondly, the third-country nationals who may obtain a work permit, an employee's card, a blue card or a card of an internally transferred employee for the purpose of their employment on a certain working position within a certain employer, unless they have free acces to the czech labour market. The author presents also the governmental programmes of economic migration....
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The protection for pregnant employees from termination of employment
Betuštiaková, Anna ; Tomšej, Jakub (advisor) ; Morávek, Jakub (referee)
This thesis provides an analysis and comparison of the EU and national legislation concerning protection for pregnant employees from termination of employment. The main goal of this thesis is comparison of the legal protection based on the Council Directive 92/85/EHS and other legal elements incorporated in the Act no. 262/2006 Labour Code. Pregnant woman is in very specific position in terms of employment relations, and she is considered to be a weaker party. Nevertheless, regular employee is also considered to be a weaker party, but in comparison of the legal protection between employee and pregnant employee, we will unambiguously conclude, that level of protection is considerably higher for the pregnant employee then for the regular one. And it is for a legitimate reason since a pregnant employee, during pregnancy and maternity, is endangered not only from the physiology perspective but also from social security perspective. For this reason, the legal acts concerning position of the pregnant employee, in the national or European level, are mostly in their favour. Simultaneously this thesis mentions some of the important judgements, in which courts are once again mostly in favour of pregnant employee. This thesis analyses the level of protection of those employees and evaluates the sufficiency...
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