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Fixed-term employment
Marejka, František ; Morávek, Jakub (advisor) ; Tomšej, Jakub (referee)
Fixed-term employment Abstract The topic of this master thesis is, as its name indicates, legislation of fixed-term employment in the Czech Labour Code. This thesis further develops and in some parts modifies my student work named "Reflection on fixed-term employment not only in perspective of conflict of opinions between the Constitutional Court and the Supreme Court". This topic became relevant again with the ongoing judicial dispute between the Constitutional Court and the Supreme Court, as neither of the courts decided to withdraw of its way of interpretation of section 39 subsection 5 of the Czech Labour Code. The aim of this thesis is to briefly introduce the current legislation and its historical sources, analyse it critically and propose a regulation de lege ferenda. The thesis is divided into five chapters, while subchapters 2., 3. and 4. are further divided into thematically different subchapters. The first chapter briefly introduces the current legislation in the Czech Labour Code. The second chapter contains a summary of the history of fixed-term employment and the position of labour law within the legal system in general with the purpose of presenting historical background. The third chapter focuses on an analysis of the institute of fixed-term employment in terms of elements of...
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Photographs of People from Employer's Point of View
Hendrychová, Jitka ; Morávek, Jakub (advisor) ; Lang, Roman (referee)
Photographs of People from Employer's Point of View Abstract This thesis deals with capturing the image of employees and other people on photographs and use of these photographs by an employer. The aim is to address possibilities of using image of people, from its creation, publishing it or using it in different ways, to its erasure or destruction, all of that in labour law context. This thesis is divided into three main chapters. The first part deals with protection of personality of an individual in Civil Code and Labour Code. It describes capturing the image of an employee and using the image with and without their consent. Second chapter focuses on photographs in context of data protection, mainly with respect to processing photographs as personal data using legal titles in Art. 6 of Regulation (EU) 2016/679 of the European Parliament and Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation). The findings from previous chapters are applied on practical situations in all stages of employment in the third chapter. Part of this chapter is dedicated to the responsibility of an employee to abide the creation of portrait and to the questions of...
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Implementation of the Civil Service Act with regard to the stability of the service relationship
Ptáčková Melicharová, Lenka ; Pichrt, Jan (advisor) ; Morávek, Jakub (referee)
Implementation of the Civil Service Act with regard to the stability of the service relationship Abstrakt The thesis aims to descript and evaluate the Civil Service Act. Particular attention is paid to its implementation, as well as to compensating the state of government before the law takes effect, and finally to the partial more detailed treatment of Kazuistic examples. At work, I have set out to objectively, with the help of available resources and data, whether in practice the objectives of the Civil Service Act are being met, that is to de-politicise the civil service, increase transparency and stability of government, increase professionalisation, but also enhance the efficiency and performance of service offices. In the first chapter, in the context of those objectives, I set out working hypotheses that will be verified during the process of the thesis and confirmed or rejected at the conclusion of the work. For the purposes of this work, I defined three hypotheses: 1. The implementation of the Civil Service Act will increase the stability of State Government 2. Implementing the Civil Service Act will increase the expenditure on performing this service i.e. the civil service will be far more costly. 3. Implementing the Civil Service Act will not improve the efficiency of the civil service, but there...
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The Status of a Professional Athlete from a Perspective of Labour law
Laubová, Anna ; Morávek, Jakub (advisor) ; Pichrt, Jan (referee)
1 Abstract This diploma thesis deals with the issue of a status of professional athlete from a perspective of Labour law. The main goal of this thesis is try to find an answer to a question whether the activity of professional team sports athlete should be considered as dependent work of an employee. The first part is theoretical and focuses mainly on definitions of sport, sports law, sport legislation and professional athlete. The second part deals with the current position of professional athletes in our legal system. In practice, professional athletes can act as self- employed, as employees or as professional soldiers. At the same time, the author tried to outline the advantages and disadvantages of these individual statutes. The main of part of the thesis is dedicated on the definition of dependent work in terms of the Labour Code and the questions of basic institutes of labour law, which are essential for proper comparing with the status of a professional athletes. The author came to the conclusion that the sports activity performance of most professional team sports athletes can be considered as a dependent work in terms of labour law. Following this fiding, the author then analyzed several basic provisions of the Labor Code that would be incompatible with sports practice. The fourth part of this...
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Temporary agency employment - legal theory and application practice
Mach, Jan ; Pichrt, Jan (advisor) ; Morávek, Jakub (referee)
Temporary agency employment - legal theory and application practice The title of this diploma thesis is "Temporary agency employment - Legal theory and application practice ", where temporary agency employment being is characterized as flexible form or provision of labor force. The main aim of this work is to summarize the regulations of temporary agency employment and to point out problematic its most critical flaws. The thesis additionally highlights the most important differences compared to regulations in force in neighboring countries. The first chapter defines the central attributes of temporary agency employment, including flexibility and secondment. It further formalizes how temporary agency employment differs from similar concept of outsourcing. The main law text sources are subsequently presented and set to the historical law context of the Czech Republic. The third chapter defines the main players partaking in temporary agency employment, with focus on how permissions are obtained, the deposit obligation and the bankruptcy insurance. The fourth chapter deals with interplay of labor and commercial law, including the definition of individual terms of the contract. Next, the liabilities of all parties are explained, with particular focus on regulation of salary and employment terms,...
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Monitoring of employees in the decision-making practice of Labour inspectorates
Schejbal, Michal ; Morávek, Jakub (advisor) ; Tomšej, Jakub (referee)
Monitoring of employees in the decision-making practice of Labour inspectorates Abstract The theme of the thesis is employee monitoring conducted by employers. The applicable law permits the employee monitoring but imposes restrictions to it. Every employer shall consider thoroughly whether he fulfills the conditions required to implement the employee monitoring or not. The thesis introduces the reader to the legal framework of employee monitoring in the first place. It enlists relevant regulation and defines key terms which are necessary to understand the employee monitoring, such as privacy, surveillance, personal data etc. The key terms are often vague and thus difficult to interpret. The author then examines the provision of Section 316 Subsection 1 of the Labour Code in-depth. The Section prohibits the employees to use the employer's means for their personal needs. It also authorizes the employer to check compliance with the aforementioned prohibition. The relationship between first and second subsection of Section 316 of the Labour Code is also evaluated. The next part of the thesis describes employee monitoring which interferes with employees' privacy and which is regulated by Section 316 Subsection 2 of the Labour Code. The author researches which employers may conduct the monitoring, which reasons...
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Legal status of managers when terminating employment
Kodeš, Jan ; Drápal, Ljubomír (advisor) ; Morávek, Jakub (referee)
Legal status of managers when terminating employment This thesis deals with the topic of the legal status of a manager when terminating employment. The first chapter outlines the gradual evolution of a job position of an employee- manager in between the years 1918 to 2006 and shows conditions under which it was possible to terminate employment with an employee in a managerial position. The next chapter introduces the individual participants to the employment relationships that is an employee, manager and employer. The third chapter describes the two possible ways how to commence employment in case of a manager which is the appointment or the employment contract and defines all the requirements necessary to comply with so the employment is valid. The following chapter concentrates on the rights and obligations of ordinary employees and managers and the obligations of employers. Managers have the same rights and obligations as ordinary employees, but as they also have to fulfil the role of an intermediator between employer and ordinary employees, they enjoy additional rights and obligations. The fifth chapter focuses on the termination of employment of both managers and ordinary employees. The chapter illustrates in detail three ways how to terminate employment. Employment may be terminated by legal...
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Monitoring of employees in context of General Data Protection Regulation
Röslerová, Karolína ; Morávek, Jakub (advisor) ; Štefko, Martin (referee)
1 Monitoring of employees in context of General Data Protection Regulation Abstract This diploma thesis focuses on the supervision and monitoring of employees from multiple perspectives. Based on the relevant European and national caselaw the thesis specifies whether employees shall have right to the protection of their privacy and integrity at the workplace. Thesis also analyses selected aspects of personal data protection with emphasis on personal data of employees as data subjects processed by employers as controllers. In particular attention is devoted to selected obligations, which arises from General Data Protection Regulation for such personal data processing in the light of relevant statements and guidelines provided by the European Data Protection Board, Article 29 Data Protection Working Party and the Office for Personal Data Protection. Thesis in detail addresses the supervision of employees carried out by § 316 of the Labour code, whereas interprets its provisions as well as conditions for establishing the supervision of employees arising from such interpretation. Classification of the provisions of the § 316 paragraph 1 to 3 and their interdependencies are further outlined. Thesis defines monitoring as one way to carry out supervision under paragraph 2 through the analysis of the term...
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The legal status of drivers of traditional and alternative taxi services in terms of employment law
Kotara, Jan ; Tomšej, Jakub (advisor) ; Morávek, Jakub (referee)
The legal status of drivers of traditional and alternative taxi services in terms of employment law Abstract The aim of this thesis is to apply the defining features of dependent work to the activity performedby drivers in domestic taxi service - and based on this analysis - to decide whether the nature of this work really corresponds to the declared position of drivers as independent providers of transport services mediated by a third party, or whether they potentially are misclassifiedemployees entitledto all labor benefits associatedwith such status. The subject of interest is not only the activityof "traditional"but also "alternative"taxi drivers. Therefore, the work first deals with the phenomenon of shared economy, term allegedly justifiingthe above-mentioneddichotomy and in the eyes of some authors a reason for special legal treatment of some subjects onthe taxi market.Throughthe analysis of the theoryof shared economy with emphasis on the transport sector, a historical excursion into the sharing of transport capacity and a comparison of the operation of BlaBlaCar and Uber services, it is concluded that the subjects dealt in the thesis cannot be subsumed under the concept of shared economy. Furthermore, the case law of the CJEU is analyzed, on the basis of which Uber is qualifiedas a service in the...
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Redundancy payment
Jeník, Marek ; Drápal, Ljubomír (advisor) ; Morávek, Jakub (referee)
The master's thesis deals with redundancy payment and other compensations that result from labour relations and service relations. The main task is a description of redundancy payment and notice reasons related to redundancy payment. The thesis describes redundancy payment in the Slovak Republic and compares it with redundancy payment in the Czech Republic. Compensation in the service relationship and officials of territorial self-governing units are discussed. The case law of the Supreme Court is included. The diploma thesis is divided into four chapters. The termination of employment is discussed in the first chapter. The chapter focuses on legal action towards termination of employment. The reasons for termination of employment under the Labour Code related to redundancy payment are described. The second chapter focuses on redundancy payment as the main topic of the thesis. The chapter contains definition and purpose of redundancy payment. The legal redundancy payment and its amount are defined. Further, the calculation of redundancy payment is explained. There is also an explanation of contractual redundancy payment where the parties can agree on redundancy payment. The third chapter describes the termination of employment, redundancy payment under the Slovak Labour Code. It also compares the...
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