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Illegal work and penalties for such work
Kmínek, Petr ; Morávek, Jakub (advisor) ; Hůrka, Petr (referee)
This thesis deals with selected issues of illegal work and its punishment, especially in terms of administrative offences. It focuses, in particular, on terminology related to illegal work, inspection activities of the labour inspection office and punishment of illegal work in administrative proceedings. The main reason why I have selected this topic is because I have been interested in labour law ever since I was studying it as a compulsory subject. There is a broad range of topics to choose from in labour law, but I have chosen the area of illegal work because of my previous experience from working in regional inspectorate of the State Labour Inspection Office, based in Ústí nad Labem, as this topic falls into its scope of authority. The main goal of this thesis is to provide a theoretical definition of illegal work, to describe the inspection procedure of employers and administrative procedure regarding the inspected entities. Furthermore, one of the goals of this thesis is to point out certain deficiency in current legal framework, especially regarding practical problems with the application of law. The prologue introduces the topic of illegal work, defines structure of this thesis and its mains goals. The thesis itself is then divided into four chapters. The first chapter focuses on dependent...
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Dependent work in the area of modeling
Rak, Jindřich ; Štefko, Martin (advisor) ; Morávek, Jakub (referee)
This diploma thesis concerns legal relations in the modeling sector, particularly between models and their agencies. Its aim is to analyze present contracts, rights and duties and to discuss them from the perspective of labor law. A hypothesis is presented which assumes that those relations are de facto relations between workers and their employers despite the form and name of the agreement between contract parties, which refers to it as a business deal. The thesis consists of two main chapters. The first of them introduces the concept of "dependent work," which is used by the Czech legislation to determine which relations should be regulated by the labor law. It covers the reasons for such a concept, argues with the present legal criteria of dependent work and offers other approaches for identifying it. The second chapter deals with the practical problems present in the professional modeling branch. It shows the display of standard modeling work in the Czech Republic and the poor legal standing of models. By exploring the contracts and content of practical modeling work and judging whether they meet the criteria of dependent work, the thesis proves its hypothesis, namely that modeling in the context of the Czech legal system should be considered an employer-employee relationship. At the end of the...
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The dependent work
Květoňová, Petra ; Štefko, Martin (advisor) ; Hůrka, Petr (referee)
The aim of this diploma thesis called The dependent work is to assess a current legal regulation of the dependent work and consequences of its performance outside a labour law relationship. This practice that is also known as a so-called švarcsystém, i.e. the mutual relationship between two parties in which a natural person performs the dependent work for another natural person or legal entity on grounds of a commercial- law or civil law agreement and therefore outside a labour-law relationship, has been as of 1 January 2012 regarded as illegal work. The regulation of labour law in the Czech Republic has been significantly changed as of 1 January 2012, including amendments to Labour Code and Act on Employment. The amendment to the Labour Code changed a legal definition of the dependent work that is one of the main terms of the Czech labour law. The performance of the dependent work outside the labour law relationship has been regarded as the illegal work due to the amendment of the Act on Employment. In this diploma thesis the definition of the dependent work as well as of a related term, a dependent activity, is explained based on the current legal regulation as well as the decision-making practice of the Czech courts. These terms are crucial for regarding a certain activity as an illegal work....
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Law aspects and impacts of informal and shadow economy
Lehovcová, Zuzana ; Neděla, Radek (advisor) ; Kostohryz, Milan (referee)
The subject of this thesis is shadow economy. The first part is dedicated to key words, measurement methods of shadow economy and her positive and negative aspects. Next part talks about main reasons of origin and rise of shadow economy and describes her subsystems with focus on tax evasions and illegal work. It evaluates the level of legislation of shadow economy. It presents established and planned measure to decrease the range of shadow economy. In the last part it offers the analysis of results from questionnaire aimed to the public relation connected to the shadow economy.
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Comparison of the Švarcsystem and an employment
Šírková, Michaela ; Müllerová, Libuše (advisor) ; Černý, Václav (referee)
The diploma thesis deals with differences in employment and Švarcsystem. The work describes the basic concepts and principles of employment and Švarcsystem. It is based on current legislation on accounting, tax and legal. In the practical part it compares the tax burden on employment in difference of Švarcsystem and their different impacts on public budgets, as well as this problem is showed on actual court cases.
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Labor relations and illegal employment
VILÁNKOVÁ, Lenka
The diploma thesis describes the functioning of the State Labour Inspection Office, its structure and activities. Furthermore the thesis is focused on the control of labor relations and control of illegal employment. Describes the process of controls and its specifics. Also describes the most common deficiencies from years 2012 and 2013 and includes commentary with interpretation of the law.
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"Švarc" systém
Chudíková, Blanka ; Švarc, Zbyněk (advisor) ; Soušková, Milena (referee)
Bachelor thesis deals with the so-called "švarcsystém also known as concealed employment relationship. The term describes a situation when people working for an employer are not his employees, but individual entrepreneurs. The aim of this work is to analyze the various regulations and economic aspects of švarcsystém in the Czech Republic and Slovakia. The work is divided into two main sections namely the Czech republic and Slovak republic. Each begins with a brief history and demarcated the basic concepts related to the observed problems. The following section deals with the control activities of the year 2012. The last part addresses the use of švarcsystém economic causes and its impacts on participants. Practical examples show the differences between the tax burden on employees and entrepreneurs The conclusion summarizes the findings and includes proposals de lege ferenda.
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The legal regulation of so-called "švarcsystém"
Anger, Jiří ; Soušková, Milena (advisor) ; Spirit, Michal (referee)
The bachelor thesis deals with the issue of so-called "švarcsystém", also known as concealed employment relationship. The term describes a situation when people working for an employer are not his employees, but individual entrepreneurs. The first chapter defines basic concepts related to the topic. The following part describes the historical development of legal regulation of "švarcsystém" in the Czech Republic and evaluates its strong and weak points. The main section includes an analysis of current legal regulation of concealed employment and its main advantages and disadvantages. The next chapter concerns the economic aspects of "švarcsystém" and examines its impact on the state budget. A practical example illustrates the differences between the tax obligations of employees and self-employed. The following section is devoted to two key court rulings that significantly influenced the understanding of "švarcsystém" over the years. The last chapter examines the various forms of concealed employment in other member states of the EU. The conclusion summarizes the findings and includes proposals de lege ferenda.
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Claims and Duties of Employers vis-a-vis the Labour Office
Tesárková, Dana ; Kaczor, Pavel (advisor) ; Humhalová, Miroslava (referee)
This thesis describes the basic background and context of the topic. Summarizes the most important duties of employers to the the Labour Office according to Law on employment, and summarizes the claims of employers towards the Labour Office with an emphasis on active employment policy. It is outlined the problem of illegal labor. Individual chapters currently ongoing legislative changes that relate to this topic. The practical part contains an example illustrating the benefits of employing people with disabilities and development funds for active employment policy contributions.
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State employment policy
Uhlířová, Monika ; Soušková, Milena (advisor) ; Spirit, Michal (referee)
This bachelor thesis deals with the state employment policy's issues and its development in Czech republic. The first chapter analyses the unemployment's development and compares it with European Union and also defines important terms regarding to the employment policy. In the second part follows the division of the state employment policy into passive and active part with focusing on the active part. In the third part is examined the amendment to the Employment Act. The fourth part deals with unemployment compensation and retraining benefits. The last chapter documents issues of employment of people with disabilities. The theoretical findings are interspersed with practical outputs and analyses.
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