National Repository of Grey Literature 509 records found  1 - 10nextend  jump to record: Search took 0.01 seconds. 
Alternative resolution of labour disputes
Černý, Martin ; Tomšej, Jakub (advisor) ; Vysokajová, Margerita (referee)
Alternative resolution of labour disputes Abstract This thesis discusses the issue of alternative dispute resolution methods in terms of suitability of their use in the context of individual labour disputes. Alternative dispute resolution methods typically represent a fast, informal, and less costly alternative to court litigation. In the field of individual labour law, they are expected to help maintain the employment relationships between employers and employees, which are characterized by their longevity. The thesis provides a structured analysis of the applicability of alternative dispute resolution methods to disputes arising from individual employment relationships. Subsequently, the thesis focuses in more detail on mediation, which is regulated in act No. 202/2012 Coll., on mediation. The existing Czech legal framework is critically analysed and compared with foreign legislation and practice. Based on the findings acquired through legal and comparative analysis, new legislative measures and non-legislative tools are proposed. These include in particular proposals for the improvement of the expertise of registered mediators and its guarantees, for the extension of the legal duty of confidentiality, for adoption of new motivational and informational tools, and for the implementation of non-legislative...
Mediation and its use in labor disputes
Soukupová, Eliška ; Tomšej, Jakub (advisor) ; Vysokajová, Margerita (referee)
Mediation and its use in labor disputes Abstract This diploma thesis deals with the topic of mediation, which is one of the alternative ways of resolving disputes. Mediation is currently a very current issue, as it has been incorporated into the Czech legal system relatively recently and also because of its great potential due to the benefits it brings primarily to litigants. Such benefits include, for example, the voluntary nature of the whole process, non-publicity of the mediation or the placing of responsibility in the hands of the disputing parties themselves. The thesis in the first chapter defines the concept of mediation, introduces the history of mediation, current legislation at the European level and within the Czech legal system, further deals with conflict theory, the mediator, his education, techniques, participants in mediation and mediation directions. The second chapter focuses on labor law and the relationships arising within labor law. It also explains what types of labor law disputes may arise and does not omit the ways in which such disputes can be resolved. It then focuses in more detail on the benefits of using mediation in labor disputes. The third part, so-called practical part, consists of information that was obtained through research on the use of the mediation in the Czech...
Special working conditions for juveniles
Cibulková, Lucie ; Štangová, Věra (advisor) ; Vysokajová, Margerita (referee)
The topic of my diploma paper has been chosen carefully according to my great interest in this area. I grasped at the chance to describe the topic according to the history, evolution, and current legal situation of youth workers. This paper analysis the position of youth workers on the aggregate labour market, employers' responsibilities and legal duties to them, and their rights in the contrast of adult workers. It also analysis how the Czech legal system protects youth workers' physical and mental health. Furthermore, I assess employment law concerning cultural, artistic, advertising and sport matters. As a result of the massive resources review of the labour law can be said that current legal protection of youth workers is satisfactory. On the other hand one could mention that the new labour code does not include establishment of cooperation between the employer and legitimate representatives of young workers as it was set in former legislation. In my opinion this section should have been kept in effect because of better protection of young workers. The problem which needs to be solved nowadays is the poor direct labour law supervision. Even perfect legislation fails without a consistent and full law-abidance monitoring and law enforcement support by authorities. Violations of the law should be properly...
Legal regulation of employment and welfare during unemployment
Jakubec, Jan ; Vysokajová, Margerita (advisor) ; Štangová, Věra (referee)
Legal regulation of employment and security against unemployment At the present time of economical recession many countries battle against high unemployment, which can contribute to many economical and social problems. The purpose of my thesis is to describe legal regulation of employment and security against unemployment in the Czech Republic. I focused on main parts of legal regulation and also thought over some institutes. When I came to the conclusion, that the legal regulation has some drawbacks, I suggested that an amendment should be passed. The thesis is composed of eight chapters. Chapter one defines unemployment and its kinds and elucidates, what full employment means, because it is the aim of legal regulation of employment in many countries. At the end of this chapter I sumarize developement of unemployment in Czech Republic from 1990 to present. Chapter two deals with right to work. I enumerate most important international documents, where right to work is regulated. Full employment was also soon mentioned as the basic aim of countries. Similar developement in Community law is described in part four. At the end of chapter is comparison between the right to work under Charter of Fundamental Rights and Freedoms and right to work under Employment Act. Chapter three deals with employment policy in...
Working hours
Fialová, Lenka ; Vysokajová, Margerita (advisor) ; Štangová, Věra (referee)
Working hours The aim of this thesis that I set was a comprehensive analysis of the working hours issue. The main purpose was to summarize this area of labor law while taking into account the Labour Code amendment which came into force on 1st January 2012. The changes in the related legal terms were also included into this thesis because of the mentioned changes. The thesis is composed of three chapters. Chapter One deals briefly with history of Labour Law and regulatory development. Author`s intention was to outline the process which led to the current form of working hours regulation. Chapter Two focuses on contemporary working hours regulation contained in the Law no. 262/2006 of the Statute book - the Labour Code. The author describes legislative amount of working hours and schedules of working hours. Chapter Two is subdivided into seven parts which focus on related legal terms such as time of rest, overtime work, night work and standby duty. The last Chapter concentrates on contemporary progress on the field of working hours regulation which was influenced by the negative impacts of economic situation. It resulted in forming alternative flexible forms of employment. These new trends are consequences of employer`s need to respond flexibly to market changes. That is the reason why we can more...
Prohibition of discrimination and equal treatment in employment relations
Sedláková, Romana ; Vysokajová, Margerita (advisor) ; Štangová, Věra (referee)
68 Resumé The ban of discrimination and equal treatment in labour-management relations The purpose of my thesis entitled The ban of discrimination and equal treatment in labour-management relations is to describe the situation in Czech and international anti- discriminatory legislation. I have chosen the topic of my thesis because of my interest in the problems relating to the discrimination and human rights. Besides, I am interested in the labour law. At the begining of my thesis I deal with the definition of the discrimination, its types and forms. The second chapter deals with the most important international treaties regulating the ban of discrimination and equal treatment in labour-management relations, concluded on the ground of the United Nations, the International Labour Organisation and the Council of Europe. The third chapter concentrates on the legislation of the European union. It has considerable impact to the Czech legislation, so I think it is appropriate to deal with this legislation in detail. As an introduction I treat the primary sources of European law, the institutive treaties. The most important is the Treaty establishing the European community, especially its Article 141, that committed the member states to implement the equal pay for women and men. The secondary sources of European...
Prohibition of discrimination on grounds of sex and sexual harrassment in employment
Kimlová, Jana ; Vysokajová, Margerita (advisor) ; Štangová, Věra (referee)
Stav právní úpravy sexuálního obtěžování v ČR není zdaleka ideální. Úprava v zákoníku práce je z pohledu diskriminace nedostatečná, protože předpokládala speciální úprava zakotvenou v antidiskriminačním zákoně. Zákoník práce tak obsahuje pouze obecné zakotvení zásady rovného zacházení a v otázkách ochrany odkazuje na dosud neschválený právní předpis. Možnost efektivně se bránit sexuálnímu obtěžování před soudem je za současné situace tudíž značně zkomplikována. Necháme-li stranou případy sexuálního obtěžování a diskriminace, které nastávají při přijímání do zaměstnání a ve služebním poměru1 , lze se pracovněprávní ochrany domáhat pouze podle zákona o zaměstnanosti, a to navíc na základě analogie iuris. Oběti sexuálního obtěžování, ke kterému dojde v průběhu zaměstnání, však nadále mohou využít ochrany dle ustanovení na ochranu osobnosti obsaženého v občanském zákoníku. Ve svém výsledku vyvolalo nepřijetí antidiskriminační úpravy dosti paradoxní situaci - nejenže nedošlo k tolik očekávanému zlepšení antidiskriminační úpravy, ale dokonce se zmenšila i ochrana před diskriminací, kterou dosud české právo poskytovalo. De lege ferenda by bylo žádoucím a zřejmě i nejjednodušším řešením přijetí antidiskriminačního zákona tak, aby nabyl účinnosti pokud možno co nejdříve. Další možností by bylo zákoník práce v...

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