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Trade union plurality at an employer
Kalina, Vojtěch ; Tomšej, Jakub (advisor) ; Pichrt, Jan (referee)
Trade union plurality at an employer Abstract In this thesis I deal with the issue of trade union plurality at an employer. In the thesis I describe the role of trade unions and the development of the legal regulation of their plurality. In doing so, I analyse the conclusions of the Constitutional Court expressed in the ruling Pl. ÚS 83/06 and its implications for current and possible future legislation. I also describe the problematic aspects of the current legislation in this area. These problems concern both the representation of non-unionised employees in individual matters and, in particular, collective bargaining. The aim of the thesis was to try to suggest possible options for solving the current unsatisfactory state of the legislation. The thesis analyses three basic options for dealing with trade union plurality in the context of collective bargaining. These are the introduction of the majority principle in some form, the involvement of employees by way of voting, and allowing for the existence of multiple collective agreements at a single employer. Changing the conditions for starting of functioning of a trade union at an employer is mentioned as an additional option. Finally, I discuss the possibility of addressing problematic aspects in the context of a situation where a trade union is to...
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Employment law in times of coronavirus pandemic
Burdová, Tereza ; Pichrt, Jan (advisor) ; Tomšej, Jakub (referee)
Employment law in times of coronavirus pandemic Abstract This thesis on employment law in the coronavirus pandemic focuses on the impact of the pandemic on Czech legislation, presents the author's own view on the issue and offers a comparative view of the legislation of the Slovak Republic, the Federal Republic of Germany and the United Kingdom of Great Britain and Northern Ireland. This thesis takes into account the legal situation from 1 March 2020 to 31 December 2022 and is divided into six chapters. After a general introduction defining basic concepts and briefly summarising the employment legislation of the selected countries, the individual chapters follow and address important employment law topics in the context of the coronavirus pandemic. The second chapter focuses on impediments to work, assessing the various impediments to work related to the coronavirus pandemic on the part of both the employee and the employer, followed by contribution during periods of partial unemployment. The third chapter focuses on the ordering of annual leave as one of the options to deal with a crisis and examines the impact of the pandemic on the regulation of annual leave. Another theme is home working, as the coronavirus pandemic has triggered the rise of various forms of flexible working, with the need to reconcile...
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Health insurance of foreigners in the Czech Republic
Žabka, Jan ; Koldinská, Kristina (advisor) ; Tomšej, Jakub (referee)
Health insurance of foreigners in the Czech Republic Abstract The main topic of this master thesis is the issue of health insurance of foreigners in the Czech Republic. Its goal is not only an analysis of the current legal regulation of this insurance, but also proposals for its possible development in the future. The thesis is focused on foreigners primarily for the reason that, while Czech citizens' access to health insurance is relatively unproblematic, in the case of foreigners there are many complications and obstacles. In the first chapter, the author first deals with foreigners who participate in the public health insurance system. In this part, he mainly draws attention to the inappropriate legal regulation, which concerns the access of persons to public health insurance, as well as to the imperfect formulation of the conditions of application of one of the coordination regulations. In the second chapter, on the other hand, the author focuses on foreigners who do not participate in public health insurance and must therefore conclude commercial health insurance for foreigners. The chapter on commercial health insurance for foreigners is divided into two subsections. The first deals with basic health insurance for foreigners and the second with comprehensive health insurance for foreigners. The...
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Equal treatment and non-discrimination in employment relations
Malý, Štěpán ; Štangová, Věra (advisor) ; Tomšej, Jakub (referee)
This diploma thesis deals with the principle of equal treatment and non-discrimination in employment relations, with the aim of summarising current issues in this area together with examples from practice, particularly in the context of CJEU decisions. The author also attempts to provide suggestions on how to improve the situation and to summarise the legislation that is applicable in such cases. The first part of the diploma thesis deals with the definition of terms related to the issue and used in the thesis. These are mainly the concepts of equality, discrimination, harassment or mobbing and bossing. Of course, the thesis also includes legal regulations, including Czech, European and international law. The core of the thesis is the analysis of the discriminatory grounds themselves, with the main part devoted to discrimination on the basis of gender and race, ethnic origin and nationality. In the context of gender discrimination, in addition to unequal pay or transgender issues, attention is also paid to sports, where the author emphasises that even in the case of seemingly unequal pay, such treatment can be objectively fair. In the context of discrimination on the grounds of race, ethnic origin and nationality, the central part of this chapter was devoted to discrimination against the Roma...
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Account of working time
Peškar, Michal ; Tomšej, Jakub (advisor) ; Matějka Řehořová, Lucie (referee)
Account of working time Abstract The author of this thesis has chosen as his topic the account of working time because it is the most flexible and at the same time the most problematic way of scheduling working time that the Czech labour law regulates. The working time account was introduced as an additional option for scheduling working time as part of the recodification of the labour law with effect from 1 January 2007. Its regulation in the "new" Labour Code is relatively brief. The scholarly literature also discusses it rather briefly and is often limited to paraphrases of the legal text. It does not comment on practical situations and problems except for very few exceptions. Similarly, it is almost impossible to find practical tips and advice for employers. Although the working time account was introduced 15 years ago, it is very rarely used in practice. The author therefore wonders why this is the case. He seeks an answer through a detailed analysis of the legal developments and, above all, the interpretative and practical ambiguities and problems of this institution. He also draws on his legal practice, where he had the opportunity to introduce the working time account with several employers, to set up its rules or to solve problems that arose. In particular, he has dealt with the following areas:...
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Gender discrimination in the labor market
Križanová, Veronika ; Tomšej, Jakub (advisor) ; Matějka Řehořová, Lucie (referee)
Gender discrimination in the labor market Abstract This diploma thesis deals with the issue of gender discrimination in the labour market. The aim of this thesis was to provide an overview of the current legislation on gender equality, especially in labour relations, and to present the historical development of this legislation. Furthermore, the thesis contains an analysis of the factors that most influence gender discrimination, focuses on individual problem areas and presents what solutions and means of protection are available within the legal system of the Czech Republic. The thesis consists of an introduction, seven chapters and a conclusion. In the first chapter, for a comprehensive understanding of the problem, I explain the basic concepts. The following three chapters deal with the legal regulation of the principle of equal treatment and the prohibition of discrimination. I will try to provide an overview of international legislation, EU legislation and legislation in the Czech Republic. The following fifth chapter deals with gender discrimination in the labour market itself and describes the historical development of the position of women in society, an analysis of the problems women face at different stages of the labour process and, last but not least, important decisions of the Czech courts in...
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Flexible forms of work performance
Mašková, Barbora ; Hůrka, Petr (advisor) ; Tomšej, Jakub (referee)
1 Flexible forms of work performance Abstract This diploma thesis concerns the topic of flexible forms of work performance, which is very relevant in today's era of rapid technological progress and changing labour market. Its aim was to describe those institutes of flexible work performance that are regulated by the Labour Code, as well as to consider each institute's advantages and disadvantages and to offer a view on the possible development of labour law. The considerations de lege ferenda are based on the identified practical shortcomings of the current legislation and the direction of the European Union, which to some extent determines the image of the domestic legal order. Part of the thesis is devoted to a brief introduction of several basic concepts essential for understanding further interpretation of flexible forms of employment. Furthermore the text focuses on the activities of the European Union and especially those of the Court of Justice. In particular it describes its fundamental doctrines concerning the direct effect of directives. In this context, the thesis presents two relatively new directives, which should have already been implemented into our legal system. The outcomes of this thesis are based mainly on the legal provisions and opinions contained in the literature accompanied by the...
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The impact of the coronavirus pandemie on labour relations
Nouzáková, Sandra ; Pichrt, Jan (advisor) ; Tomšej, Jakub (referee)
Vliv pandemie koronaviru na pracovněprávní vztahy Abstrakt Diplomová práce se zabývá vlivem pandemie koronaviru na pracovněprávní vztahy. Cílem práce je zaměřit se na právní instituty, které se ocitly v centru zájmu v souvislosti s příchodem pandemie a posoudit, zda právní úprava byla dostatečná a jaký dopad měla na adresáty právních norem. Diplomová práce je rozdělena do sedmi kapitol. První kapitola je zaměřena na překážky v práci praktikované na situace, které vyvstaly s příchodem pandemie. Tato kapitola klade důraz na otázku, kdo nese, popř. by měl nést náklady za negativní dopady způsobené pandemií. Druhá, třetí a čtvrtá kapitola se věnují jednotlivým subjektům a míře, jakou byly dotčeny pandemií Covidu-19. Druhá kapitola se zaměřuje na zaměstnance pracující distančně a možné potíže, které jsou s prací mimo pracoviště zaměstnavatele spojené. Třetí kapitola se zabývá právním postavením povolaných studentů, kterým byla za nouzového stavu nařízena pracovní povinnost a vhodností využití tohoto institutu. Předmětem kapitoly čtvrté jsou pak zaměstnavatelé a jejich nárok na státní pomoc. Pátá, šestá a poslední sedmá kapitola mají základ v bezpečnosti a ochraně zdraví na pracovišti a zabývají se aktuálními otázkami spojenými s pandemií a taktéž s jejími možnými následky. Kapitola pátá poskytuje základní...
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The issue of the difference between the reasonable time for rest and food and the work break under the relevant provisions of Act No. 262/2006 Coll., the Labour Code, as amended, and Act No. 361/2003 Coll., the Service Relationship of Security Force Members Act, as amended
Kasal, Marek ; Hůrka, Petr (advisor) ; Tomšej, Jakub (referee)
The issue of the difference between the reasonable time for rest and food and the work break under the relevant provisions of Act No. 262/2006 Coll., the Labour Code, as amended, and Act No. 361/2003 Coll., the Service Relationship of Security Force Mem- bers Act, as amended Abstract This thesis addresses the still relevant issue - demonstrated by the ongoing disputes of employees and members of the security forces in the Czech Republic and essentially the entirety of the European Union - of whether their alleged work break, i.e. rest time, does in fact constitute working time. To defend their respective positions, each party to the dispute tries to prove why these "work breaks" do or do not constitute working time. In the context of the terminology of the Labour Code and the Service Relationship of Security Force Mem- bers Act this would mean that instead of work breaks, such employees should be provided with so-called "reasonable time for rest and food", as the work performed cannot, for various reasons, be interrupted. Those employees are accordingly entitled to remuneration for that time, precisely because it is in fact working time, hence overtime. The aim of this thesis is to explain this consideration and, above all, to support it with relevant sources. The theoretical part of the thesis focuses on...
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Part-time jobs in the Czech Republic and in the Federal Republic of Germany
Fiřtíková, Kristýna ; Tomšej, Jakub (advisor) ; Štefko, Martin (referee)
Part-time jobs in the Czech Republic and in the Federal Republic of Germany Abstract This diploma thesis deals with the legal regulation of part-time jobs in the Czech Republic and in the Federal Republic of Germany. It is a labour law institute which helps to coordinate the personal life and work life of employees. It is also known as the concept of work-life balance. The other institutions following the same purpose are e.g., home-office or flexible working hours. Although it's demand in the countries of the EU, including the Czech Republic, is rising, it's still not widely used in the Czech Republic. The diploma thesis takes a closer look at the legislature of part-time jobs in both countries and then compares these legal regulations. Purpose of this thesis was to verify or refuse the hypothesis, whether the Czech legislature is as conservative and insufficient as it is portrayed in the media and by the common public. Focus of this thesis was also to evaluate the German legal regulation and assess whether any labour law institutes regulated in German legal regulations are a suitable inspiration for the Czech legislator. From the overall analysis of presented legal regulations was ultimately confirmed the hypothesis that the Czech legal regulation is insufficient, outdated and specially does not...
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