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Occupational medical services
Švandelíková, Klára ; Morávek, Jakub (advisor) ; Tomšej, Jakub (referee)
This rigorous thesis deals with the institute of occupational medical services, enshrined in the legal order of the Czech Republic by Act No. 373/2011 Coll., on Specific Health Services. This Act was, together with some other acts, part of the so-called health reform and replaced the legal regulation of occupational preventive care, contained mainly in Act No. 20/1966 Coll., on Public Health Care. In spite of the fact that the Act came into effect almost eight years ago, the rules relating to the provision of occupational medical services still pose problems in practice, i.e. on the both sides of the individual employment relationship, as well as on the side of occupational medical services providers. The importance of occupational medical services and the orientation in the rights and obligations of these providers, employers and employees are underlined by the fact that the obligation to provide these services falls on all employers, regardless of their number of employees, turnover or any other parameter. In the light of the above mentioned, this thesis aims to map the legislation of occupational medical services taking into account the existing case law practice and to provide answers to some problematic questions arising from practice. For a broader context, the first part of the thesis is...
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Whistleblowing
Švandelíková, Klára ; Morávek, Jakub (advisor) ; Pichrt, Jan (referee)
This thesis addresses the subject of whistleblowing. This is currently very topical in the Czech Republic, due to the recent Decree of the Government on measures regarding reporting of suspicious activities in civil service bodies as well as on-going legislative works. These works are aiming to create new law, which aspires to deal with whistleblowing in a more comprehensive manner. The thesis also addresses existing regulations that deal with whistleblowing. The constitutional system offers some rules on which you can base the lawfulness of whistleblowing. Individual regulations can be found in labour law, criminal law, administrative law or civil law. Legislation of protection of personal data and protection of journalistic sources are also relevant. There is still debate as to the exact definition of whistleblowing. In this thesis whistleblowing is defined as reporting harmful or unwanted conduct by internal or third parties, via a specific system of notification relevant to an entity's (in which the reporting occurs) scope. In all cases the informant should be protected from retaliatory measures. This thesis also addresses the history of experience with whistleblowing, in America up to the second half of the 18th century. Part of the thesis is also dedicated to international legislation...
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