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Compensation of damage to property and intangible damage resulting from a work injury or occupational disease
Maryšková, Věra ; Vysokajová, Margerita (advisor) ; Tomšej, Jakub (referee)
Compensation of damage to property and intangible damage resulting from a work injury or occupational disease Abstract The thesis discusses compensation of damage to property and of intangible damage that has resulted from a work injury or an occupational disease. This is an important legal institute regulated primarily by Act No. 262/2006 Coll., the Labour Code, as amended, further referred to as the "Labour Code, however also by a range of other laws further elaborating the matter. When discussing the matter, it is impossible not to also discuss the regulation of Act No. 89/2012 Coll., the Civil Code, as amended, further referred to as the "Civil Code", since the Civil Code applies in the cases that are not expressly addressed in the Labour Code and since it is valuable to compare the rights of the damaged person under the general civil law and the labour law. The analysis of the laws is supplemented by selected case law, namely produced by the Supreme Court and the Supreme Administrative Court of the Czech Republic, in particular such case law that provides answers to certain questions of interpretation. The thesis not only discusses the obligations of the employer in the event the employee injures himself during work or contracts a disease during work and the related rights of the employee but also...
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Accidents at work and occupational diseases
Junek, Jan ; Štefko, Martin (referee)
This rigorous thesis deals with the issue of accidents at work and occupational diseases, that may arise in employment relationship, and the related liability of the employer for damages and non - pecuniary damage, including the possibility of his liberation. The thesis consists of six chapters. The first chapter deals with the theoretical aspects of liability in labor law and further discusses the obligation of employer liability insurance in case of accidents at work and occupational diseases. The second chapter is dedicated to the obligation of prevention in labor relations. The third chapter discusses the basic signs of accident at work and occupational disease, including the employer's practical procedures and statitical data for 2018. There are also described specific cases of accidents, which are analyzed whether it is a accident at work or not. The fourth chapter deals with the extent of damages and non pecuniary damage and the possibilities of waiver of compensation. In addition to the three basic assumptions of the employer's obligation to compensate for damage and non - pecuniary damage, which is an accident at work and occupational disease, damage and non - pecuniary damage and a casual link between them, the author adds yet another assumption, which is the existence of an employment...
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Occupational Health and Safety with Focus on Atypical Forms of Employment
Zichová, Aneta ; Morávek, Jakub (advisor) ; Tomšej, Jakub (referee)
Thesis Title: Occupational Health and Safety with Focus on Atypical Forms of Employment The thesis aims to analyse and present the rules of occupational health and safety (OHS). The second goal of the thesis is the research of OHS solutions in atypical forms of employments with regard to current development of working relationships. The thesis also deals with the question of atypical forms of employment and the ensuring of OHS in Germany (GER). The collected information is used for comparison and evaluation of both countries and their attitudes toward OHS in atypical forms of employment. Part of the thesis is also devoted to possible course of OHS in the atypical forms of employment de lege ferenda including potential inspiration from GER in connection with ensuring of OHS. The thesis is mainly based on study of laws, relevant literature, comments and current articles. In the thesis, the descriptive and analytical method are used and at the end supplemented by the comparative one. The thesis is divided into six chapters that are split systematically into subchapters. The first part is focused on the definitions of fundamental terms that are further used in the following chapters. In the introductory subchapters the thesis deals with the term OHS itself, atypical forms of employment, work accidents...
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Compensation for the bereaved in the case of work accidents and occupational diseases
Pivničková, Kateřina ; Drápal, Ljubomír (advisor) ; Morávek, Jakub (referee)
Compensation for the bereaved in the case of work accidents and occupational diseases Abstract The topic of my diploma thesis is compensation for the bereaved in the case of work accidents and occupational diseases. It is a topic with a relatively settled legislation and a subject which is present - nevertheless, ground-breaking changes in this issue cannot be really anticipated any more. Introductory part of my thesis deals primarily with a theoretical definition of a term liability and liability in labor law. It deals with the conditions of inception of liability, the reasons that allow release from liability and finally, with the obligation of an employer to compensate damages or non-material damage in the cases of work accidents and occupational diseases. I also devote myself to define terms work accident and occupational disease, and for better understanding and explanation of disputable questions, I refer to judicature of the Supreme Court and the Constitutional Court. The mainstay of my thesis is dedicated to the particular types of compensation provided either directly to the aggrieved employees as the consequence of work accident or occupational disease, or to the bereaved in the case of death due to the work accident or occupational disease. I also compare the labor law regulation to the...
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Industrial injury and occupational disease
Hoffmann, Matouš ; Drápal, Ljubomír (advisor) ; Štefko, Martin (referee)
This diploma thesis is dealing with issues of employer's liability for industrial injuries and occupational diseases and from that consequent obligation to compensate damage or non- material damage, through individual types of compensation. The first part provides a brief excursion into the development of the legislation on industrial injuries and occupational diseases and deals with the question of mandatory statutory insurance of the employer, implemented through two private insurance companies. The second part of the diploma thesis deals with the circumstances, which lead to emergence of employer liability for industrial injury. Substantial space is dedicated to situations where it may not be obvious at first sight that an industrial injury may occur. The industrial injuries resulting from teambuilding, business trip and injury originating from myocardial infarction are discussed in more detail. Further, here are defined the facts leading to the partial or total deprivation of liability by the employer. These facts are recklessness, own fault violation of regulations or instructions and drunkenness or misuse of addictive substances. The third part concerns with conditions under which the employer is liable for occupational diseases. The fourth part deals with individual types of compensation to...
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Employee's claims in the case of work accidents or occupational diseases
Špačková, Hana ; Drápal, Ljubomír (advisor) ; Morávek, Jakub (referee)
The topic of this thesis is employee's claims in the case of work accidents or occupational diseases, because the assessment and determination of damages is still an actual issue. The first part of the thesis deals with theoretical introduction and definition of terms which are material for the whole thesis. The first part defines the liability in labour law, the liability of employee and employer, work accidents and occupational diseases and mainly the employer's liability for damages and non-material damage caused by work accidents or occupational diseases to employees. The next chapter focuses on insurance which is obligatory for all employers who employ at least one employee. This insurance is important in case of the employer becomes liable for damage or non-material damage caused by work accidents or occupational diseases. The insurance is important especially for small and medium-sized employers for whom the compensation could be liquidating and could lead to the termination of their activities. The most importatnt chapter of the thesis is the chapter concerning individual types of employee's claims for damages or non-material damage which arise from work accident or occupational disease, or claims of survivors of employee in case of employee's death, and their assessment. The most...
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Compensation for Occupational Accidents and Deseases
Kubínová, Petra ; Drápal, Ljubomír (advisor) ; Morávek, Jakub (referee)
English abstract Compensation for Occupational Accidents and Diseases The aim of this thesis is to give a comprehensive view of problematics related to occupational accidents and occupational diseases with attention to the types of compensation of injury and their comparation with legislation of compensation of accidents in civil law. According to author's opinion a deference between legislation of compensation of injury in civil law and in labour law can have a big influence on a victim status. Because of that the author of this work suggest to harmonize legislation of compensation of injury for all cases. The text is structured into chapters and subchapters. In this thesis author defines the basic concepts as occupational accidents, occupational diseases, duties of employers and employees in connection with an accident at work or occupational disease, employer's liability for damage and system of employer's liability insurance for damage. A large part of this work is also paid to the system of work injury insurance, which was to be run through the Czech Social Security Administration in the form of provision of social benefits to employees injured by work injury or occupational disease. Besides that the main attention is paid to forms of compensation for injured employees or in the event of employee death...
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Conception of compensation for bodily harm arose in performance of work
Novotná, Martina ; Hůrka, Petr (advisor) ; Morávek, Jakub (referee)
This thesis deals with the conception of compensation for bodily harm arisen from industrial injuries or occupational diseases. Recently, it was decided bodily harm of employees continues to be compensate by the employer under his objective liability for damages. The main aim of the thesis is to describe current legislation in the Labour Code and to compare it with the general bodily harm compensation legislation in the Civil Code. The thesis is divided into 7 chapters. The first chapter defines the concept of bodily harm and its specifics. The second chapter brings brief insight into the field of the international law, especially focuses on the conventions of the International Labour Organization which provides minimum standards of the compensation for industrial injuries and occupational diseases. In the third chapter follows short excursion into the European law, focused primarily on providing compensation to the migrant workers within the European Union. The fourth chapter describes historical development of compensation for bodily harm arisen from industrial injuries or occupational diseases in legislation since the Industrial Revolution until recent past. Fifth chapter is already fully focused on the main issue of this thesis - analysis of the current legislation of compensation for bodily...
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The Evaluation of Managers and Employees Awareness of the Ergonomics in Office Environment
Pešek, Ondřej Matthew ; Pavlů, Dagmar (advisor) ; Novotná, Irena (referee)
Title: The Evaluation of Managers and Employees' Awareness of the Ergonomics in Office Environment Objectives: The aim of the thesis was a quantitative research to assess the awareness of ergonomics, working environment, office equipment, motor behavior and the appearance of professionally conditioned diseases among office workers, recruiters and management of companies in the Czech Republic. In conclusion outlined recommendations to improve the situation. Methods: The thesis using electronic polling using non-standardized questionnaire, which provides primary data collection. The method is used to analyze the awareness of ergonomic environments, motor behavior in the workplace, the occurrence professionally conditioned diseases and office equipment. The questionnaire was distributed to companies throughout the Czech Republic, a total of 678 employees were contacted, data was compiled from 442 respondents with an average age of 32,6 years. For data analysis was used software Microsoft ® Excel for Mac version 15.20. Results: It was found that ergonomics training and OSH passed only 25% of employees of Czech companies in the research sample. It came up to 20% more employees of national companies rather than international companies of the total number. The data show that the awareness of ergonomics is...
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The liability for damages caused by work-related accidents and occupational diseases
Všetečková, Monika ; Morávek, Jakub (advisor) ; Vysokajová, Margerita (referee)
This diploma thesis deals with the employer's liability for damages caused by work-related accidents or occupational diseases of his employees. The reason for choosing this topic was partly because of the author's experience with the assessment of work-related accidents in legal proceedings, partly due to the high- frequency of work-related accidents and also the fact, the results of work-related accidents and occupational diseases not rarely cause a long-term adverse repercussion in real life of an employee. The main point of this thesis is to analyse elements of stated employer's liability for damages. Using the case law, detailed analysis of the concept of work- related accidents is performed in the same chapter. There are analysed specific situations with conclusions if the injury can be evaluated as an work-related accident or not. Besides work-related accidents, occupational diseases and other elements of liability, this chapter deals with the possibility of an employer to be absolved from any liability as well. Case law concerning the absolution from liability is also included in this chapter. The essential part of this thesis is also the enumeration of employer's obligations connected to the fact his employee has suffered a work-related accident or an occupational disease. The most...
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