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The comparison of termination of labour relation in Czech and Slovak republic
Šebo, Eduard ; Hůrka, Petr (advisor) ; Štefko, Martin (referee)
This work deals with problems of the termination of labor relation in the Czech Republic, as well as Slovak Republic. I approached this topic by comparing the currently valid regulations as stated in the Labor Codes of the Czech and Slovak republics. I consider thorough knowledge of this issue to be of great practical importance. I am convinced that labour is one of the most important attributes determining systemic functioning of the whole society. From the presentation of the labour as a basic means of production of any state system we can deduce a great amount of interesting information. The work is and always has been a prerequisite to our survival and is thus the foundation of any state system. My thesis is divided into six separate chapters, each of which deals with labor law from a different perspective. The first chapter deals with the subject, purpose and content of labor law. The second chapter describes the history of the labor law and is divided into two parts before and after 1989. Therefore it also describes the situation in Czechoslovakia, where identical laws were applied in all legal sectors. The third chapter is concerned with the meaning of employment as a legal institute. In chapters four and five I described the termination of labor relation in the Czech and subsequently Slovak...
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Personal data protection in employment formation
Morávek, Jakub ; Pichrt, Jan (advisor) ; Hůrka, Petr (referee)
1 Resumé Personal data protection in employment formation This thesis is concerned with the questions of personal data protection in connection with labor-law relationships. In the concrete the author focuses on personal data protection in formation of the employment. First the author deals with general legal basis of the issue and, consequently, the author analyses personal data protection in positive law, namely in the Act No. 101/2000 Coll., on the Protection of Personal Data, as amended. The author examines in detail some questionable duties of the employer connected with processing of personal data of his employees and, at the same time, refers to the imperfection of transposition of the Directive 95/46/ES of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of these data. On the basis of given comments the author in the general level presents the scope of personal data that can be requested by the employer from the employee in formation of the employment. The author deals with often discussed cases of processing of personal data in the labor-law relationship as for example using of the employee 's photography, recording his family relationships etc. By means of practical example of...
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Liberalization of the Czech Labour Law
Bartová, Gabriela Antonie ; Pichrt, Jan (advisor) ; Štefko, Martin (referee)
LIBERALIZATION OF THE CZECH LABOUR LAW Mgr. Gabriela Antonie Bartová, 2010 Abstrakt Liberalization of labor law is subject of this thesis. It deals with concepts and principles essential for the liberalization of labor law. They are: flexicurity principles, subsidiarity in relation to civil law, contractual principles, principle of "what is not forbidden is allowed". It deals with invalidity of legal acts, the question of a separate branch of the law. It mentions the issue of discrimination and loyalty towards the employer. Subsequently it covers individual institutes devoted to labor law. First, it deals generally with issues of employment, including the issue of so-called "švarcsystem". It looks over the possibility of anchoring the institute of secondary employment and employment for a shorter period of time. It focuses on the employment relationship, defining elements of an employment contract. It considers modification of the term "manager", institute of an appointment and probationary period. In detail it deals with concept termination of an employment - both in general terms, as well by individual institutions. It deals with notice, immediate termination of employment, termination of an employment on probation; based on an agreement. Furthermore, withdrawal from a contract, termination of an...
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Discrimination of employees in labour-law relationships - current issues
Bulová, Kateřina ; Štangová, Věra (advisor) ; Vysokajová, Margerita (referee)
The thesis analyses the issue of equal treatment and the prohibition of discrimination in labor relations with respect to the actuality of the discussed matter. I have chosen this topic for several reasons. One of them is that it is really interesting issue, but mainly because of the fact that discrimination in labor law field is a problem affecting the personal and professional life of a large part of our society. The work handles with the development of legal regulation, the current state legislation and according to the data detected, it outlines my own reflections on possible future development taking into consideration the context of the given topic. It also tries to highlight the causes of making it difficult to implement the anti-discrimination norms for the individuals who are affected by unequal treatment the most. The thesis is divided into four chapters which are further subdivided into sections and subchapters. The first chapter deals with the theoretical interpretation of labor law in general, and its position in the Czech legal system, its basic principles and its relationship to the Civil Code. The second chapter deals with the definition of the various institutes connected to the given topic, such as direct and indirect discrimination, institutional discrimination, mobbing, bossing,...
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Comparison of Czech and Slovak legal regulation of leave
Blatný, Richard ; Tomšej, Jakub (referee)
The dissertation contains an overview of labor law legislation, especially the regulation of holidays, in the territory of historical Bohemia, Moravia and Silesia on the one hand and in the territory of today's Slovakia on the other hand. For a better understanding of the issue, an overview of the development of working conditions and labor protection in a given time context in both cultural areas is also provided. I believe that the presented comparison of legal regulations in both territories is an interesting excursion not only in terms of labor law itself, but also in the field of legal history. I believe that in the presented summary of the work it provides important and interesting expanding knowledge in the field of labor law and social security law. In my opinion, similar work was lacking in our market, and therefore it can be assumed that in this direction it will contribute to its enrichment if it is possible to realize its book edition, which is under negotiation. An overview of the material described above is given in twelve chapters since the beginning of the 14th century, when labor relations developed in the Czech lands, about which written reports already exist. In the case of the territory of today's Slovakia, I see the point of following this issue from the beginning of the 18th...
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Legal action aimed at terminating the employment relationship
Nováková, Michaela ; Štangová, Věra (advisor) ; Tomšej, Jakub (referee)
Legal action aimed at terminating the employment relationship The topic of the submitted diploma thesis is individual legal proceedings aimed at the termination of employment. This is a crucial area of labor law, because it is through these legal acts that the relationship between the employee and the employer is terminated, and also because it affects each of us at least once in our lives. The purpose of the thesis is to give a comprehensive interpretation of these legal proceedings with reference to their peculiarities and problems. To achieve this purpose, the amendment to the Labor Code itself was used, supplemented by professional literature and case law. In addition to the introduction and conclusion, the thesis is divided into eight chapters which mainly deal with individual untying legal proceedings. In the introduction I explain the reasons behind the choice of the topic of this thesis. I also present its structure, which is then supplemented with a brief description of the content of individual chapters. The first chapter presents a general introduction to labor law as a separate branch of law, also dealing with its functions and providing a brief overview of its historical development. The second chapter is divided into three subchapters, which in general deal with legal proceedings,...
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The Issue of Employees'Expression on Social Media
Lysková, Taťána ; Tomšej, Jakub (advisor) ; Štefko, Martin (referee)
The Issue of Employees' Expression on Social Media Abstract The aim of the diploma thesis was to describe the involvement of employees in social media according to the labour legislation. The goal is to define the extent to which positive law already reflects the trend of social networks in the field of labour relations and to establish limits of the employees' private posts. These limits arise from the labor law regulation, as well as significant cases dealt with by Czech and European courts. The work is divided into four parts. The first part defines the fundamental concepts, on the basis of which the work later analyzes the nature of employees' expressions through the medium and the resulting correctives provided for by the legislation. The second and third parts of the thesis describe the law in the field of employee expression and involvement in social networks, both at international and national level. The emphasis is placed on the courts' rulings in the significant cases, which extensively complete this issue. The fourth part of the thesis is devoted to current topics that employers face in the field of involvement of their employees on social networks in their leisure time. The chapter presents model situations in which employees' contributions to to social medias concerning the employer are...
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Comparison of Czech and Slovak legal regulation of leave
Blatný, Richard ; Hůrka, Petr (advisor) ; Šimečková, Eva (referee) ; Morávek, Jakub (referee)
1 Abstract and keywords in the English language Comparison of Czech and Slovak legal regulation of leave Abstract The dissertation contains an overview of labor law legislation, especially the regulation of holidays, in the territory of historical Bohemia, Moravia and Silesia on the one hand and in the territory of today's Slovakia on the other hand. For a better understanding of the issue, an overview of the development of working conditions and labor protection in a given time context in both cultural areas is also provided. I believe that the presented comparison of legal regulations in both territories is an interesting excursion not only in terms of labor law itself, but also in the field of legal history. I believe that in the presented summary of the work it provides important and interesting expanding knowledge in the field of labor law and social security law. In my opinion, similar work was lacking in our market, and therefore it can be assumed that in this direction it will contribute to its enrichment if it is possible to realize its book edition, which is under negotiation. An overview of the material described above is given in twelve chapters since the beginning of the 14th century, when labor relations developed in the Czech lands, about which written reports already exist. In the case of...
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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...
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Current labor law jurisprudence of the Supreme Court in the Czech Republic and its impact on regional education system
Konečný, Petr
Thesis deals with the case law of the Supreme Court in labor law with an impact on regional education. The Supreme Court is the supreme authority of the general court system in the country. The main mission of the Supreme Court is to ensure the unity and legality of court decisions, which is carried out through the adoption of a position on judicial decision-making. Attention is devoted to the analysis of individual legal cases in the field of regional education. KEYWORDS The Supreme Court of the Czech Republic, Jurisprudence, Regional education, Labor law, Labor disputes
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