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Protection of Employees upon Termination of the Employment
Benešová, Lucie ; Štangová, Věra (advisor) ; Vysokajová, Margerita (referee)
The theme of this thesis is the protection of the eployees upon termination of the employment. The aim is to comprehensively assess the current legislation of termination of empoyment, with regard to the degree of protection that is provided to employees. It deals with the protection of employees, their position but also the claims related to the termination of the employment relationship. This thesis is dividend into five chapters, the first of which relates to the functions of labor law with an emphasis on the function of protection as a core function of labor law. With regard to weaker position of the employee to the employer, it is clear that labor law generally tries to balance this inequality or in some way eliminate it in order to provide the highest level of security. The second charter presents the core of this thesis and deals with the varoius types of termination of employment. It contains their assessement in relation to ensure adequate protection of employees but also the positives and negatives of legislation including possible aplication problems that are occured in practice. The emphasis is placed primarily on the termination of the employment relationship in view of the fact that the need to ensure a sufficient level of protection of employees in this unilateral termination method...
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Termination of employment in an international comparison - a comparison of the CR and the SR
Švecová, Lucia ; Štefko, Martin (advisor) ; Koldinská, Kristina (referee)
Termination of employment in an international comparison - a comparison of the Czech republic and the Slovakia Resumé: The aim of this thesis is to discuss the termination of employment contract from the multinational perspective, ČR a SR. Thesis is thematically divided into 4 large groups containing the termination of employment contract on international, Czech and Slovak legal grounds respectively alongside with the comparison of individual dissolution acts. Labor law is a legal discipline which is dynamically evolving and modernized whilst there are apparent differences in the comparison of labor law regulation within the EU member states. ČR and SR both approach the modernization of labor law in a different manner and the necessary flexibility of the labor market, employee protection and social security are incorporated in their systems of law with certain differences. The beginning of the thesis provides a brief excursus to the history of labor law. The following part aims to describe the institute of termination of employment contract in the context of international law regulation and its impact on Czech and Slovak labor law. Prior to the description of the individual means of termination of employment contract according to national regulations, there is a brief introduction into the issues of...
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Termination of the employment relationship with particular emphasis on the notice of termination
Moravcová, Vanda ; Štangová, Věra (advisor) ; Brádlerová, Libuše (referee)
The purpose of my thesis is to provide a summary of the legal regulation and points out legal problems connected with the employment relationship termination. It provides a comprehensive description and an evaluation of the impact of the legal regulation on a common life of a personal/legal entity. Legislation is explained not only in terms of labor law contained in the Labor Code but also with regard to other legislation dealing with the various legal institutes. The thesis is composed of seven chapters, the introduction and the conclusion. Chapter One is introductory and defines basic terminology used in the thesis: the term of employment relationship, the subject, the object and the content of the relationship. The interpretation is essential for understanding the following chapters relating directly to the termination of employment relationship. Chapter Two examines relevant Czech legislation, and deals with the specific methods of termination of employment which are further divided into: legal acts, legal events and the termination of the relationship on the basis of official decisions and the termination of the relationship in some specific cases. The main matter is discussed in chapter Three. The concept of termination is a legal act on its grounds the relationship terminate after an...
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Notice of termination of employment relationship
Štosek, Milan ; Vysokajová, Margerita (advisor) ; Štefko, Martin (referee)
v anglickém jazyce Notice of termination of employment relationship The aim of this thesis is to provide a summary of the legal regulation of notice of employment relationship in the Czech Republic. Notice of employment relationship has a huge impact on both employees and employer and therefore important attention should be paid to it. This thesis not only deals with a summary of the Czech current legal regulation of notice of employment relationship de lege lata but also pays attention to potential problems connected with it and gives some proposals de lege ferenda. Furthermore the final part is dedicated to a short legal overview of the foreign legal regulations of termination of employment relationship in two European countries - the Slovakia Republic and the Spanish Kingdom. The thesis is composed of 13 chapters. The first chapter is dedicated to the most important international and European documents dealing with termination of employment relationship. The second chapter deals with a term of employment relationship, gives its explanation and briefly describes all types of termination of employment relationship as well. The main matter of this thesis is discussed in the third and following chapters. The third chapter is dedicated to notice of employment relationship in general and its...
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Termination of employment due to employee's redundancy
Lacinová, Kateřina ; Tomšej, Jakub (advisor) ; Matějka Řehořová, Lucie (referee)
This diploma thesis deals with comprehensive analysis of the termination of an employment relationship due to employee's redundancy. The purpose of this diploma thesis is in detail description and analysis of material requirements that are needed to be fulfilled for the employer to be able to validly terminate the employee's employment for redundancy, considering relevant judicial cases. For this purpose, this diploma thesis puts emphasis on analysis of judicial decisions, especially decisions of the Supreme Court of the Czech Republic and the Constitutional Court of the Czech Republic. The text of this diploma thesis consists of an introduction, five main chapters and a conclusion. The first two chapters deals with termination of employment firstly from a general point of view and then from the point of view of employee's redundancy, to define the initial framework for the following chapters. The core of this diploma thesis is formed by the third chapter, containing comprehend analysis of all necessary requirements and problematic aspects related to termination of an employment relationship due to employee's redundancy. This chapter is followed by the fourth chapter which is devoted to defects in necessary material or procedural requirements and its negative consequences related to validity of...
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The notice of termination
Škopek, Petr ; Štangová, Věra (advisor) ; Vysokajová, Margerita (referee)
The purpose of the thesis is to provide a summary of the legal regulation and to point out legal problems connected with the Notice of termination in the Czech Republic. The thesis is composed of eleven chapters, the introduction and the conclusion. Chapter One is introductory and defines concept and position of Labour law in the system of law in the Czech Republic and function of Labour law. Chapter Two examines, in general relation, between Civil law and Labour law. In chapter Three, author tries to explain legal regulation of legal acts. The chapter consists of two parts. Part one focuses on legal regulation of legal acts in the Civil Code and Part two focuses on legal regulation of legal acts in the Labour Code. Chapter Four describes basic principles of Labour law. In chapter Five is short excursion to the history of labour legislation in our territory. This chapter is divided into three subchapters according to some important historical events of our labour legislation. Chapter Six concentrates on domestic source of law in the area of notice of termination. This chapter is divided into three parts. First part is about constitutional acts, second part is about statutes and third part is about case law in the Czech Republic. In chapter Seven are described international source of law in the area...
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Notice od termination of employment
Zvonař, Adam ; Štangová, Věra (advisor) ; Tomšej, Jakub (referee)
Notice od termination of employment Abstract The aim of the diploma thesis is to analyze the valid legal regulation of the institute of termination of employment. The thesis further defines other reasons leading to termination of employment in general and other institutes, which are inextricably linked with the termination of the employment relationship. The second goal is to think about a possible amendment to the existing legislation, which has brought more flexible elements to the issue of termination. The work is based on professional literature, court decisions of the Supreme Court of the Czech Republic and legal regulations, and the most important standard - the Labor Code. The diploma thesis is divided into six chapters. The first chapter deals with labor law in its general conception in the system of law and its relationship to civil law, where it deals in more detail with the principle of delegation and subsidiarity. The second chapter generally deals with all the ways in which the employment of termination of the institute can be terminated, which is discussed in more detail in the next chapter. The third chapter is crucial, as it comprehensively examines the institute of termination of employment. It includes subchapters that deal with other institutes that are inextricably linked to the...
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Immediate termination of the employment
Ptáček, David ; Tomšej, Jakub (advisor) ; Štefko, Martin (referee)
Name of the rigorous thesis in English: Immediate termination of employment This thesis deals with the topic of immediate termination of employment by both the employee and the employer. It deals with the topic mainly with regard to the rich related case law, opinions of the professional public and the amendment to the Labour Code made by Act No. 285/2020 Coll., which is effective from 30 July 2020. In relation to the Labour Code, the aforementioned amendment also concerned issues related to the delivery of documents, including the immediate termination of employment. Therefore, the thesis devotes more space to the issues related to the delivery of immediate termination of the employment relationship to the other party to the employment relationship, or the individual methods of its service. For example, a new provision has been added to Section 335a of the Labour Code, which regulates delivery by the employer via a data mailbox. Immediate termination of the employment relationship is one of the methods of unilateral termination of the employment relationship, and it is an utmost method. Generally speaking, a party to an employment relationship is entitled to immediate termination of the employment relationship in a situation where cannot be fairly required to keep the employee employed and perform...
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The termination of the employment in Czech Republic and Germany
Bučková, Kristýna ; Morávek, Jakub (referee)
The termination of the employment in Czech Republic and Germany Abstract This thesis pertains to the issue of the termination of employment in the Czech Republic and Germany. The aim of this thesis is to familiarize the readers with the legal framework pertaining to the termination of employment in both countries, including analysis of relevant case law. The main focus of this thesis is the comparison of the Czech and German legal framework of termination of employment. The thesis aims to draw attention to the common and different characteristics of the legal framework of termination of employment in the respective countries and evaluate them. Moreover, the thesis deals with prospective de lege ferenda changes of the Czech legal framework that could be inspired by the applicable German legal framework. Furthermore, other de lege ferenda legislative proposals of the author are discussed in the thesis. This thesis is divided into 5 chapters. The first chapter of the thesis provides an analysis of labour law in the Czech Republic and Germany, whereas emphasis is placed especially on the systematics of the labour law framework and the historical origins of labour law in each respective country. The second chapter pertains to the individual methods of terminating an employment relationship in the Czech Republic....
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Termination of employment
Jiroušková, Petra ; Štangová, Věra (advisor) ; Tomšej, Jakub (referee)
1 Termination of employments Abstract As its effects often have a very significant impact on employee's life, termination of employment is one of the most important institutes of labour law. For the above-mentioned reason, labour law is based on the principle of protecting the employee as a weaker party, and therefore the Labour Code regulates in detail and unambiguously the methods and conditions of termination of employment and especially obligations of employers and employees' rights in case of employment termination. This rigorous work aims to map new ways of terminating employment in all its contexts, including the rights and obligations of both the employee and the employer. The rigorous work draws not only on the Labour Code, but also on the rich case law, professional literature and the following legislation. The introduction of the rigorous thesis is focused on the historical development of labour law, from the first origins to the Labour Code No. 262/2006 Coll. including all its amendments to date. The second chapter provides support for a comprehensive framework of employment termination that affects the brief characteristics of employment law, the emergence of employment, the concept, and the definition of the terms employer and employee. The third chapter deals with individual types of...
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