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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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General duty of the employee to provide compensation for damage
Langhammerová, Šárka ; Drápal, Ljubomír (advisor) ; Morávek, Jakub (referee)
General duty of the employee to provide compensation for damage Abstract The diploma thesis deals with the institute of the general duty of the employee to provide compensation for damage. The employee's general duty to provide compensation for damage stipulates that the employee is liable to the employer for the damage he caused by breaching his or her duties in performance of work tasks or in direct relation to him. Undoubtedly, the issue is still relevant and highly frequent in practice. This institute of labor law is intended to ensure greater protection of the employee as the weaker party of the employment relationship. This advantage for the employee is justified by the nature of the employment relationship where the employee is in a dependent position, as well as the general social and social context. An employee, if he fulfills the preconditions of the general obligation to compensate for damage, has a more advantageous position compared to other pests, which are responsible for the damage according to the general regulation contained in the Civil Code. The thesis attempts to outline and answer important questions about the nature and application of the employee's general employer's liability for damages by using a descriptive, analytical, and comparative method. The work is divided into ten parts....
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Invalid and Apparent Termination of Employment by the Employer
Baběrad, Jan ; Tomšej, Jakub (advisor) ; Morávek, Jakub (referee)
71 Invalid and Apparent Termination of Employment by the Employer Abstract This diploma thesis deals with an everlasting issue: invalid and apparent termination of employment by the employer. The text of the thesis is divided into five chapters, further segmented into subchapters, some of these consisting of even lower level chapters. The first chapter covers the historical development of labor law and its separation from civil law into a separate branch of law with its own code. The following chapter defines the basic legal concepts, which are employment and legal transaction, as well as the invalidity and appearance of legal transactions. The second chapter also contains a reflection on the meaningfulness of the legal institute of appearance of a legal transaction. In the third chapter are analyzed specifics of the invalidity of legal transactions in labor law and the consequences of invalidity of the employment termination. The core of the diploma thesis is formed by the fourth and fifths chapters, containing a non- exhaustive list of reasons for invalidity and apparent termination of employment by the employer and a more detailed definition of these reasons, including a thorough analysis of some contentious issues. It was also necessary to cover the ineffective delivery of a document which leads to the...
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Employee benefits
Kučerová, Markéta ; Morávek, Jakub (advisor) ; Tomšej, Jakub (referee)
The name of the thesis - Employee benefits The thesis deals with employee benefits, conditions and rules of their provision. The aim of this thesis is to provide a comprehensive view of important aspects related to all benefits in general and their provision and then focus on several specific benefits and point out their specific issues, practical problems as well as possible solutions to these problems. The secondary goal of the thesis is to define the phenomenon consisting in the growing intervention of the state in the field of labor relations, especially in the provision of employee benefits, including thought of this phenomenon and its further development. This thesis is divided into five main parts, each of which is further divided into further chapters. The first part of this work deals with the concept itself and then the division of employee benefits into individual groups from different perspectives. It describes their functions and possible ways in which employee benefits can be provided. The second part addresses the issue of legal regulation of employee benefits, while pointing out the fact that there is currently no comprehensive legal regulation for employee benefits. However, there are some legal regulations that more or less affect employee benefits. How specifically is the content...
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Whistleblowing in labour relations in the context of the European regulation
Blahová, Luisa ; Tomšej, Jakub (advisor) ; Morávek, Jakub (referee)
Whistleblowing in labour relations in the context of the European regulation Abstract Whistleblowing has been a topic of discussion by professionals and the general public for many years. In October 2019, a European Directive on the protection of whistleblowers was adopted, which gave the Czech legislator a clear deadline for the adoption of legislation. At present, some whistleblowers are provided with partial and ineffective protection, and several unsuccessful legislative proposals have appeared in the past as well. There is a new proposal currently in the stage after being sent to the inter-ministerial comment procedure. This piece briefly introduces the concept of whistleblowing, the purpose and implications of this institute in the light of the international and European documents and case law. Within the theoretical basis of individual elements of whistleblower protection, a new Directive on whistleblower protection is further discussed in detail. Due to the minimalist regulation in several EU Member States, the Directive represents a very progressive regulation. The work also provides a detailed analysis of the Irish Protected Disclosures Act and some of its application problems. The Irish act provides protection to a wide range of people who report essentially any violation or misconduct. The act...
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