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The employer's obligation to compensate for the damage caused to the employee
Štěpánková, Kateřina ; Štefko, Martin (advisor) ; Vysokajová, Margerita (referee) ; Šimečková, Eva (referee)
The employer's obligation to compensate for the damage caused to the employee Abstract In the submitted dissertation, the author deals with the topic of the employer's obligation to compensate for the damage caused to the employee. This issue is highly actual, as in the past there have arised, and these days still continue to arise new and new connected questions to discuss, and sometimes the re-opening of questions that have already been settled occurs as well. At the same time, it is also a common-sense oriented topic, as almost every employer has at some point been in a position where they were forced to fulfil this legal obligation towards their employee. Within the scope of this dissertation, fundamental attention is devoted to the analysis of individual types of the employer's liability for damage caused to the employee and to a critical insight into the complexity of their legal provisions and their real usability. International comparisons are also provided in places, where it is appropriate and useful. A number of concrete suggestions de lege ferenda are also provided. The first part is devoted to a basic insight into this issue, but in addition to it, it also contains a clear statistic comparison of the amount of court decisions carried out in cases of lawsuits on fulfilment of the relevant types...
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Agency employment
Závozda, Lukáš ; Vysokajová, Margerita (advisor) ; Štefko, Martin (referee)
The topic of the thesis is agency employment. Due to its flexibility and the current situation on the Czech labour market struggling with a labour shortage, agency employment is a frequently used and necessary part of the Czech legal system. In the Czech legal regulation of agency employment, however, we find a number of problematic areas, as a result of which, among other things, the rights of employees temporarily assigned by employment agencies may be jeopardized and insufficiently ensured, or, on the contrary, entrepreneurs operating employment agencies may be unnecessarily burdened. The main goal of this diploma thesis is to describe the problematic aspects of the Czech legislation in the field of agency employment with an emphasis on the legal regulation of the establishment and operation of employment agencies and selected frequently violated or problematic obligations in the field of agency employment relations, in relevant cases to compare these problematic aspects with foreign legal systems and propose a possible corresponding amendments to the Czech legislation. The diploma thesis is divided into six main chapters, which are further divided into individual subsections. The first chapter deals with the general characteristics of agency employment and further briefly describes the subjects...
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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...
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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...
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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...
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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...
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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...
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