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The sickness insurance benefits system
Křivůnková, Michaela ; Lang, Roman (advisor) ; Tomšej, Jakub (referee)
The sickness insurance benefits system Abstract This diploma thesis deals with sickness insurance benefits, which create a comprehensive system, whose main goal is to provide social security to economically active people, especially in the case of short term loss of income, due to social incidents, such as sickness, sickness attendance, pregnancy or maternity. This thesis analyses conditions of entitlement of the particular benefits, as well as the calculation of their sum. Due to significant complexity of certain calculations related to sickness insurance benefits, this thesis also contains practical examples. Attention is also paid to some specific areas of sickness insurance, because of their relatively new legislation. The text of the thesis, except for the introduction and conclusion, is divided into four chapters. The first chapter does not deal with the sickness insurance benefits, but rather introduces the concerns of the sickness insurance; outline its development and basic principles. The second chapter focuses on participation in sickness insurance in both employees and self-employed people. The subject of participation in sickness insurance is significant in terms of the assessment of the conditions of entitlement to insurance benefits; due to the participation in sickness insurance being one of...
Bullying as a pathological phenomenon in the workplace
Hejzlarová, Alice ; Štefko, Martin (advisor) ; Tomšej, Jakub (referee)
Bullying as a pathological phenomenon in the workplace Abstract The thesis paper examines the pathological phenomenon of bullying, focusing on its occurrence in the workplace in connection with employee mental health, a topic that until recently has been relatively neglected but which in recent years has increasingly moved to the forefront of general public awareness. Each chapter of the paper analyses the manifestations of bullying in the workplace, the people to whom it relates, as well as its consequences on mental and physical health. The issue of bullying in the workplace is further described de lege lata and opens up the possibility of regulation de lege ferenda. It examines the risks and threats associated with this issue and provides a brief overview of the history of bullying, its types and forms. It also presents possibilities of defence from the victim's point of view and focuses on specific environments where bullying occurs, such as in the security forces and military, health care or education. It also discusses national and transnational initiatives in this area, as well as currently functioning practical examples of their application from abroad, which could in many ways serve as inspiration for future Czech legislation. The work reflects relevant case law and describes and adds to the...
Transfer of rights and obligations from the employment relationships
Nerad, Miroslav ; Vysokajová, Margerita (advisor) ; Tomšej, Jakub (referee)
In his thesis, the author deals with the transfer of rights and obligations arising from employment relationships. In the Czech law, the regulation of transfer of rights and obligations is governed in substantial part by the Act No. 262/2006 Coll., the Labour Code, as amended, and in other statutes. The Czech legislation is based on harmonised regulation in the law of the European Union, which is provided for in the 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. In his thesis, the author examines the current regulation in the Czech law and the decision- making practice of the Czech courts and compares it with the decision-making practice of the Court of Justice of the European Union. The author also deals with the amendment of transfer of rights and obligations implemented by the Act No. 285/2020 Coll., amending the Act No. 262/2006 Coll., the Labour Code, as amended, and several other related acts, and compares the applicable law with the preceding. The thesis also deals with the history of regulation of transfer of rights and obligations in the Czech Republic, then it deals with the general definition...
Protection against discrimination in employment relations
Slovák, Petr ; Koldinská, Kristina (advisor) ; Tomšej, Jakub (referee)
1 Protection against discrimination in employment relations Abstract The thesis discusses legal instruments of protection against discrimination in labor relations which are applied in accordance with the current legislation of the Czech Republic. Using the perspective of the discriminated employee, the thesis distinguishes between preventive and reparatory instruments. However, the thesis indicates that the boundary between these two basic categories is often blurred. In the introductory chapters, the thesis attempts to identify and define the features of discriminatory behavior, which, according to the theory of law, lies within the domain of private and public law. The thesis points to the intertwining of public and private law as a typical feature of labor law. The related second chapter reviews the parallel existence of the public interest in protection against discrimination in employment relationships and the private interest - or individual claims - of discriminated employees. However, exercising the public interest on the one hand, and exercising personal, legitimate interests of employees on the other cannot be understood as antagonism. The third chapter lists the instruments of protection against discrimination, divided into preventive and reparatory instruments, and mentions the subjects and...
Gender equality in labour law with an emphasis on the activities of European Social Partners
Dianišková, Eva ; Koldinská, Kristina (advisor) ; Tomšej, Jakub (referee)
Gender equality in labour law with an emphasis on the activities of European Social Partners Abstract This thesis deals with the equality of women and men, in the context of the activities of European Social Partners. It describes crucial legislation connected with the equal treatment of women and men in labour relations on the international, European, and Czech levels. It gives details of relevant case law and presents and analyses European Social Partners activities aimed at achieving gender equality. The introduction defines and classifies the basic terms equality and discrimination. This is followed with the presentation of the gender mainstreaming term and the difference between gender and sex is clarified. The next chapter is focused on the equality of women and men, sexual harassment and gender-based harassment. It continues covering equal pay for equal work, access to employment and reconciliation of work, private and family life. The thesis then proceeds with the description and analysis of relevant documents of the International Labour Organisation, the UN, the Council of Europe and the European Union. It contains also selected case law of ECJ/CJEU connected with the equality of women and men. The paper then outlines the most important Czech legislation and relevant Czech case law. The thesis also...
Agency employment with a cross-border element
Kučerová, Kateřina ; Pichrt, Jan (advisor) ; Tomšej, Jakub (referee)
1 Agency employment with a cross-border element Abstract The topic of this diploma thesis is agency employment with a cross-border element. Employment agencies cover the shortage of workers on the Czech labor market by assigning foreigners to users. The thesis analyzes this process of agency employment of foreigners, by connecting the institutes of agency employment and employment of foreigners. In its introductory chapter, this thesis briefly describes and analyzes the institute of agency employment, focusing primarily on the requirements necessary to obtain a permission for agency employment and on comparable working and wage conditions. Furthermore, this work deals with the cross-border element of agency employment, where the second chapter analyzes in detail the process of agency employment of foreigners, both citizens of other Member States of the European Union and especially foreigners from third countries. Based on this analysis, the content of the second chapter is also a comparison of the legal status of Czech nationals, citizens from other Member States of the European Union and foreigners from third countries in the framework of agency employment. In the final chapter, this work deals with the violation of legislation in the field of agency employment with a cross-border element. It focuses on...
Social security of parents taking care of children
Vojta Grundmanová, Lenka ; Koldinská, Kristina (advisor) ; Tomšej, Jakub (referee)
Social security of parents when providing childcare Abstract The thesis "Social security of parents when providing childcare" deals with the topic of current legislation of social security which aims to help the parents to effectively reconcile their personal and working life during the period of early childcare (approximately up to three years of age). The aim of the thesis is to analyse and assess current social security laws and their application and practical impact on the parents providing childcare. The thesis focuses on the social benefits of parental allowance, maternity allowance, and also on maternity grant and paternity benefit, as well as on the provisions of the Labour Code concerning the protection of the parent as employee. In terms of reconciliation of private and working life, the thesis also discusses the situation of the childcare services. The aim of the thesis is not to introduce all of the aspects of the social benefits or theoretical analysis of legal provision but rather practical analysis of insufficient or dysfunctional provisions or concepts of the social security law that prevent our society from faster evolution towards modern and flexible parenthood. The results of the analysis raise contradictory feelings. An enormous amount of resources as well as attention is paid to the...
Legal aspects of care for dependent persons
Presser, Šimon ; Tomšej, Jakub (referee)
Legal aspects of care for dependent persons More than half a million people in the Czech Republic is directly affected by the issue of care for dependent persons. It concerns not only those who are relying on care due to a physical or mental disability, but also those who provide the necessary care. Regarding the providers, so-called informal carers constitute majority of them. They are often family members who provide care without any official formalization, contract, or registration. However, as a group, informal carers are repeatedly overlooked. While emphasising the rights, duties and needs of both dependent persons and carers, this paper aims to comprehensively evaluate the current legal framework regulating the care for dependent persons. Firstly, the system of care in the Czech Republic is generally described followed by the presentation of specific forms of care highlighting the position of informal carers. Secondly, the paper brings up an analysis of basic activities of daily living that are crucial for the assessment of dependence. Subsequently, the administrative procedure in which the assessment is undergone is closely depicted. Nevertheless, the main focus of the paper lies in the analysis of the rights and obligations of the persons dependent on care and the informal carers. Hence,...
Company health care services
Kramoliš, Vojtěch ; Tomšej, Jakub (advisor) ; Morávek, Jakub (referee)
Company health care services Abstract The thesis is focused on the company health care services and its legal regulation. It aims to describe and analyse particular duties of an employer, an employee and a company health care services provider, hence the subjects which are of an imminent closeness to the company health services issues. The thesis is composed of five chapters. The first chapter is dedicated to the legislation, as the primary law source in the Czech Republic and further to the European and international law. The chapter also comprises basic definition of the term company health care services and its position in relation to the occupational medicine. Second chapter draws attention to the subjects, whose duties the thesis deals with, including their part in the labour law system. They are the company healthcare services provider, the employer, and the employee. Furthermore, the chapter reflects the exceptions based on the agency employment, providing the company health care services by employee's registering health care provider, and providing the health care services by employer's own staff. Third chapter depicts the analysis of the duties of the company healthcare services provider, especially the analysis of the duties set by the Act on the Special Medical Services. Beside the provider's...
Personal data protection before and during the establishment of the employment relationship
Adámek, Jan ; Morávek, Jakub (advisor) ; Tomšej, Jakub (referee)
Personal data protection before and during the establishment of the employment relationship The diploma thesis is devoted to personal data protection before and during the establishment of the employment relationship. The objective of this thesis is to outline the personal data protection in the context of the employment relationship establishment, to give a comprehensive overview of its legislation in particular, describe the basic terms and principles relating to this subject matter and specify the most important rights and obligations regarding both stages of the employment relationship establishment. The basis for the thesis is primarily the legislation of the General Data Protection Regulation and Personal Data Processing Act 2019 (No. 110/2019 Coll.). The diploma thesis is divided into four chapters. The historical events with a significant influence on the personal data protection development are described in the first chapter. This chapter also explains the concept of a right to privacy and separation of the right to protection of personal data from it. The second chapter deals with personal data protection legislation on the international level, as well as EU level and national level. The third chapter defines selected fundamental terms relating to personal data protection, particularly...

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