National Repository of Grey Literature 165 records found  1 - 10nextend  jump to record: Search took 0.00 seconds. 
Labour relations with international element and their content changes over time
Kratochvílová, Eva ; Hůrka, Petr (referee)
In her PhD thesis, the author deals with the legal regulation of the international element in labour relations which is supplemented by the dimension of the regulation of the social security and the protection of personal data in order to create a complex view of the examined issue. The international element within the respective legal branches is regulated at the EU level by a different methodology approach - harmonization (labour law), coordination (social security law) and unification (protection of personal data). The fundamental role in the regulation of the international element in labour relations is played by EU legislation, especially the Regulations Rome I, Rome II and Brussels I (bis), which is complemented by the legal regulation of the international element in labour law relations within the Czech law system. The international element in social security law is governed by Coordination Regulations Nos. 883/2004 and 957/2009, the Czech legislation does not contain, in this respect, its own legal regulation of an international element and refers to the EU regulation. In the area of personal data protection, the harmonization legislation of Directive No. 95/46/EC and Czech Act No. 101/2000 Coll., on Data Protection, will be replaced as of 25.05.2018 by the GDPR Regulation. The EU...
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...
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...
Labour relations with international element and their content changes over time
Kratochvílová, Eva ; Hůrka, Petr (referee)
In her PhD thesis, the author deals with the legal regulation of the international element in labour relations which is supplemented by the dimension of the regulation of the social security and the protection of personal data in order to create a complex view of the examined issue. The international element within the respective legal branches is regulated at the EU level by a different methodology approach - harmonization (labour law), coordination (social security law) and unification (protection of personal data). The fundamental role in the regulation of the international element in labour relations is played by EU legislation, especially the Regulations Rome I, Rome II and Brussels I (bis), which is complemented by the legal regulation of the international element in labour law relations within the Czech law system. The international element in social security law is governed by Coordination Regulations Nos. 883/2004 and 957/2009, the Czech legislation does not contain, in this respect, its own legal regulation of an international element and refers to the EU regulation. In the area of personal data protection, the harmonization legislation of Directive No. 95/46/EC and Czech Act No. 101/2000 Coll., on Data Protection, will be replaced as of 25.05.2018 by the GDPR Regulation. The EU...
Compensaiton for loss of salary due to injury of soldiers
Slezáčková, Nikola ; Bělina, Miroslav (advisor) ; Hůrka, Petr (referee)
1 Compensation for loss of salary due to injury of soldier Abstract A loss in the salary of a professional soldier as a result of an accident at work or an occupational disease may arise during the period of incapacity to perform the military service or after the termination of the incapacity to perform the military service. Both of these separate claims result from damage to the health of a soldier which he suffered during the performance of active military service. This rigorous thesis focuses on the general definition of terms such as occupational injury, occupational disease, the responsibility of the state (as an employer) for damage to the health of a soldier, then to compare public law on health damage with private law, determining the average and probable earnings of a soldier before the very occurrence of damage to health. The work also deals with compensation for loss of salary for the period of inability to perform the military service. More space is then devoted to compensation for loss of salary after the end of incapacity, which the practice is more concerned with and, as a result, its legislation is more extensive and the case law on the issue is very rich, whether it relates to causal link between an accident at work or an occupational disease and damage to health. Attention is also paid to...
Work-life balance and flexible forms of performance of work
Antošová, Barbora ; Hůrka, Petr (advisor) ; Vysokajová, Margerita (referee)
The aim of this rigorous thesis was to analyze the legal regulation of flexible forms of performance of work in the Czech Republic, through which it is possible to achieve harmony between personal and working life of employees. Therefore, the institutes of flexible forms of performance of work that employees use to harmonize their personal activities and work, are described in the thesis together with their advantages and disadvantages, their legal regulation including potential insufficiency of their current legal regulation and proposals for modification of such regulation and further, there are some recommendations for their contractual arrangements. There is a general description of flexibility of performance of work in the first chapter of the thesis, including its division, connected directory and imperative character of the labor law and approaches of the European Union and the Czech Republic. In the second chapter, there is explained how the working hours and their scheduling work because that is a key topic for the other chapters of the thesis. Following chapters are dedicated to the institutes of the flexible forms of the performance of work, concretely to the uneven distribution of working hours, reduced working hours, part time, flexible working time pattern, job sharing, working time...
Termination of the employment relationship by the notice of termination
Čáp, Ľubica ; Hůrka, Petr (advisor) ; Tomšej, Jakub (referee)
Termination of Employment by Notice Abstract The topic of the rigorous thesis is the termination of employment by notice with more detailed focus on the notice of termination given by the employer. The objective of the thesis is to give as complex overview of the problematics of termination of employment by notice as possible with emphasis on the more or less basic or often discussed questions concerning this topic. I have conducted an analysis and interpretation of current legislation using rich relevant judicial case law and professional interpretative or other legal literature concerning the given problematics. For choosing this way of processing the topic I have decided on the basis of my own practical experience as active lawyer providing the legal services among other also in the field of the labor law, when with reference on my practical experience I consider the problematic of notices of termination and related questions as very common subject of legal proceedings. Following this I have to unfortunately say that even though among other the valid notices often causes problems for both employers and employees. The rigorous thesis is structured into seven parts. The first part is dedicated to the termination of employment in general. In the second part the thesis deals with the essentials and giving...
The issue of the termination of the employment relationship (with an excursion into the legal regulation of the Federal Republic of Germany)
Čihák, Adam František ; Hůrka, Petr (advisor) ; Tomšej, Jakub (referee)
The theme of this thesis is the issue of the termination of the employment relationship in the legal regulation of the Czech Republic. The thesis elaborately analyses the various ways of the termination of the employment relationship and some related issues. In addition, the theses makes individual excursions into the legal regulation of the Federal Republic of Germany. Within the issue of the termination of the employment relationship, there is a principle of the protection of employees as weaker parties to the employment contract clearly manifested. The issue of the degree of protection of employees is still a topical issue, discussed both among experts and laical public. This thesis consists of an introduction, eight chapters further divided into subchapters and a conclusion. The chapters include unnumbered excursions into the legal regulation of the Federal Republic of Germany. The first two chapters provide for the next part of this thesis the necessary basic characteristics referring to labor law in general and specifically in the Czech Republic (and in the Federal Republic of Germany). The key chapters of the thesis are chapters three to eight. Chapter three provides a general explication of the termination of the employment relationship, Chapter four (the termination of the employment...
The Phenomenon of Reconciliation of Work and Private Life - Work-life Balance
Miková, Martina ; Hůrka, Petr (advisor) ; Tomšej, Jakub (referee)
The thesis aims to present to its reader all social law instruments currently available in the Czech legal system, serving to adjust the employment relationship individually, particularly working conditions. The intention here is to introduce the widest possible spectrum of flexible opportunities of work and to inspire employers and employees to negotiate working conditions most favourable for them. This step should change the labour market in a way that the knowledge of flexible instruments leads to the expected growth of potential employees, and consequently to greater economic prosperity of employers. The basis of the whole proposed adjustment lies in the idea of satisfied employees who are more efficient and capable of maintaining their position on the labour market for the longest possible period of their working life solely because of appropriate individual arrangements. Let us assume that an employee who gains more freedom due to flexible conditions, leading in turn to a reconciliation of his/her work and personal life, will be more satisfied, stable and less stressed at work then another employee who has to choose between these two essential parts of his/her life and give preference to one of them on a day-to-day basis. Cases like the latter end up in burnout, as well as in physical and...
Selected Issues of Transport Sector Employees' Working Hours with Emphasis on Aviation Workers
Polívková, Kamila ; Morávek, Jakub (advisor) ; Hůrka, Petr (referee)
This thesis "Selected Issues of Transport Sector Employees' Working Hours with Emphasis on Aviation Workers" provides comprehensive exposition of selected issues relating to working hours of the aviation workers in commercial air transport, meaning flight and cabin crew, while adding considerations aiming to contextualize the topic. This thesis deals with legislation regulating working hours and rest periods of mobile employees in transport sector on the level of European Union law, international public law as well as of the law of the Czech Republic. First chapter of this thesis provides an overview of history and development of the legislation regulating working hours and rest periods in the territory of modern Czech Republic. This overview consists of three subchapters focusing on the following periods: 1811-1918, 1918-1965 and 1965-2006. First part of this thesis strives to provide the background required to understand the legislation on working hours and rest periods in broader historical context. Second chapter of this thesis focuses on the most significant legislation regulating working hours and rest period of transport sector employees as well as on the flight time specification schemes, which contain binding rules of conduct of commercial air transport operators as employers relating to...

National Repository of Grey Literature : 165 records found   1 - 10nextend  jump to record:
Interested in being notified about new results for this query?
Subscribe to the RSS feed.