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The Obligation of an Employer to compensate for non-pecuniary damage
Matějka Řehořová, Lucie ; Pichrt, Jan (advisor) ; Bognárová, Věra (referee) ; Štefko, Martin (referee)
The Obligation of an Employer to compensate for non-pecuniary damage Abstract The presented dissertation thesis deals with the topic of the employer's obligation to compensate for non-pecuniary damage. It comprehensively presents the issue of the employer's obligation to compensate for non-pecuniary damage, from the constitutional and theoretical basis of protection of human life and health, through pointing out to the reflection of the basic principles of labour relations in the field of non-pecuniary damage, to the definition of specific application problems in claims of non-pecuniary damage, including a proposal for their solution. The thesis does not neglect the relevant case law of the highest national and international courts, including the analysis of its impact on the interpretation of selected legal institutes in the field of non-pecuniary damage compensation. Thorough attention is paid to the general principles of non-pecuniary damage and a comprehensive interpretation of selected institutes in the field of applicable legislation on compensation for non-pecuniary damage in civil and labour law, including legislative proposals de lege ferenda. In the thesis, as one of the research questions, a possible subsidiary application of the Civil Code to the field of the liability employment relations is...
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The issue of the use of biometric data in labour relations
Dobiášová, Lucie ; Morávek, Jakub (advisor) ; Lang, Roman (referee)
The issue of the use of biometric data in labour relations Abstract This diploma thesis deals with the current topic of the legal framework for the protection of biometric data in the context of labour relations. With the development of information technology, interest in the use of biometric data is growing. It is becoming common in the workplace that the biometric data are used, among others, for recording attendance, gaining access either to the workplace itself or to the individual work equipment. Their use is simple and convenient, as employees can use for verification their fingerprints, iris scans, etc. However, biometric data are inherently unchangeable, which is an advantage as well as the Achilles heel of their processing. Therefore, due to their nature, they fall into the category of sensitive personal data and as such enjoy enhanced protection. Development in the field of information technology suggests that biometric data are highly likely to become part of everyday life. Hence, it is more than appropriate for this development to be reflected in the legislation. The aim of this diploma thesis is to provide a general insight into the issue of using biometric data in the labour relations, where a particularly high increase in their use can be expected. The first part of this thesis acquaints the...
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The principle of equal treatment and prohibition of discrimination in labour relations
Šlapanská, Petra ; Vysokajová, Margerita (advisor) ; Štefko, Martin (referee)
The principle of equal treatment and prohibition of discrimination in labour relations Abstract The principle of equal treatment and prohibition of discrimination is considered as one of the most important principles of labor law. The aim of this thesis is to give a comprehensive informational overview on this topic and showcase its projection into legal documents and decision-making practice. The text itself is divided into six chapters, which precede the introduction and conclude the conclusion. The first chapter deals with the key terms such as equality, equal treatment, discrimination and other related concepts. It also contains classification of these terms and their definition. The second chapter focuses on the projection of the equal treatment and non- discrimination principles at the international level. The basis of international organizations such as the United Nations, the International Labor Organization and the Council of Europe are the examined subjects. Detailed descriptions of the various international documents dealing with this matter are discussed further in this chapter as well. The third chapter specifies the regulation at European level, with a comprehensive list of the most important documents of European law, both primary and secondary. The main Treaty on the Functioning of the...
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Employment Relationship in Terms of Wage Costs Optimization
Rollerová, Pavlína ; Brixová, Irena (referee) ; Musilová, Helena (advisor)
The bachelor thesis deals with employment law and labour relations with in the selected employer. It deals with the optimisation of labour and personal costs incurred in connection with the employer’s labour requirements. It also focuses on the problem of the employee shortages. Based on the analysis with in, solutions are proposed to the employer to optimise labour costs and the level of labour required.
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Employment Relationships in Terms of Wage Costs Optimization
Rybová, Martina ; Hončl, Čeněk (referee) ; Musilová, Helena (advisor)
The Bachelor thesis focuses on the issue of labor relations. In the theoretical part are defined basic terms of labor relations, which are further applied in the analytical part of this thesis. The analytical part deals with the benefit for employees at the particular employer, when employer implemented new bonus, which its goal is to increase employee attendance system. Evaluated efficiency this established solution and includes suggestions for improvement in the future.
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The Equal Treatment and the Prohibition of Discrimination of Employees
Jarotková, Kateřina ; Koldinská, Kristina (advisor) ; Štefko, Martin (referee)
RESUMÉ This thesis is concerned with equal treatment and prohibition of employment discrimination. I deal with international, European and Czech antidiscrimination law. The text is divided into an introduction, four main chapters, divided into subchapters, and a conclusion. The first chapter defines the fundamental terms, which are equality and discrimination. At first, I distinguish formal and substantive equality. In context of substantive equality, I explain the concepts of equal opportunity and equality of outcome. In the following part of the chapter I deal with the concept of discrimination. I describe the basic forms of discrimination: Direct and indirect discrimination. I also briefly discuss the issue of multiple discrimination. The second chapter concerns the most important international conventions that are related to my thesis topic. Those are the conventions of United Nations, Council of Europe and International Labour Organization. The third chapter focuses on the European Union law. First, I review the development of primary law. Further, I focus on the secondary law and three main anti-discrimination directives. The relevant case law of the Court of Justice of the European Union is regarded here as well. Great attention is given to the issue of discrimination against persons with...
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The Equal Treatment and the Prohibition of Discrimination of Employees
Černá, Edita ; Vysokajová, Margerita (advisor) ; Štangová, Věra (referee)
In my thesis I concentrate on the topic of the equal treatment and the prohibition of discrimination. The reason why I have chosen this subject matter is for its topicality and constantly increasing significance. The equal treatment, as well as the prohibition of discrimination, has to be respected in labour relations to create respectable conditions for employees and equal opportunities for job applicants. In practice, these principles support also better productivity in a workplace, because the work environment, where the law is maintained, is the healthy and prosperous one. However, the reality is different and these principles are not always enforced. That is the reason why discrimination or unequal treatment still exist today and it is not phenomenon, which would be typical only for relations between employers and employees or job applicants. Therefore, the international, European and interstate legislation is evolving constantly in this area and it is changing in an effort to reach more efficient application in practice. The aim of this thesis is to analyse applicable legislation of the equal treatment and the prohibition of discrimination and its influence on labour relations. The whole thesis is divided into introduction, four separate chapters, which are subdivided into particular...
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Discrimination against women in labour relations in contemporary Japan
Bruzlová, Kateřina ; Sýkora, Jan (advisor) ; Labus, David (referee)
This thesis focuses on the problem of discrimination against women in labour relations in contemporary Japan. The first part examines the root causes of persisting discrimination against women, which are mainly insufficient legal protection of women in labour relations, traditional attitudes of Japanese society and lasting discriminatory practices of Japanese firms. The second part analyses the most frequent forms of discrimination in labour relations with the use of data from governmental statistics in these areas: recruitment of employees and dividing them into groups according to their chosen career plan, promotion of employees, seniority-based wage system and workplace harassment. The third part summarizes the most important provisions of Japanese government with the purpose of eliminating discrimination in labour relations and the fourth part describes a potential future development of the whole problem. Keywords discrimination, labour relations, Japan, gender
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"Good" and "bad" relationships at a workplace: A Study of a Czech firm
Haratická, Markéta ; Kuchař, Pavel (advisor) ; Tuček, Milan (referee)
This thesis deals with interpersonal relationships at a workplace. Its aim is to analyze the interrelationships of the selected company and map out subjective interpretations in the terms of employee relations. For these purposes the author uses interviewing techniques through interviews and observations, and based on their findings, she draws conclusions relating to both horizontal and vertical level relationships in the organization. The author formulates a positive and negative form of relationship through testimonies of respondents. She finds the differences between people preferring formal or informal dimension of the employment relationship, and at the same time she reveals several kinds of different strategies that people use in an effort of harmonious getting on at the workplace, both in the terms of prevention of bad relations and in connection with the intervention and the solution of the situation that has been problematic. The results show how "good" and "bad" relationships at the workplace are perceived through the eyes of respondents, nevertheless what is not confirmed, is the presumption that the negative form of relations will be most often represented by mobbing or sexual harassment at the workplace. Among respondents there is the concept of bad relationships linked primarily to...
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