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Termination of employment in the Czech Republic and in Austria
Neklová, Markéta ; Tröster, Petr (advisor) ; Štefko, Martin (referee) ; Bognárová, Věra (referee)
This thesis deals with the various manners of termination of an employment relationship according to the laws of the Czech Republic and compares them with the legal regulation of the same or similar manners of termination of an employment relationship in the laws of the Austrian Republic. The thesis is divided into four main parts. The first part deals with the system of Austrian employment regulations. The second part of the thesis is dedicated to the concept of termination of an employment relationship in general and it divides the ways of termination of employment relationship into two basic groups; in particular, the first group is termination of employment relationship based on legal acts and the second group is termination of employment relationship based on legal event. Further, the second part of this thesis discusses the terms employer and employee. The third part of this thesis is devoted to individual legal acts based on which in the Austrian and Czech laws an employment relationship can be terminated which is a termination agreement, termination by notice, immediate cancellation of an employment relationship, respectively exit from employment relationship (in German: Austritt) and dismissal from employment (in German: Entlassung), cancellation of employment relationship during a...
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Notice of termination of employment in selected EU member states
Bišof, Petr ; Vysokajová, Margerita (advisor) ; Štangová, Věra (referee)
This master's dissertation deals with notice of termination of employment in three countries, specifically Czech Republic, Federal Republic of Germany and Great Britain, specifically England. The Federal Republic of Germany has been selected because Germany is a country with highly developed economy, however the social function of which is very fundamental that is also reflected in the notice of termination of employment legal regulation. Great Britain was selected because it represents different legal system to Czech republic or Germany, so called common law. British legal system can be further divided into legal systems of England and Wales, Northern Ireland and Scotland. This master's essay deals with the enactment in England. At the same time, it is also one of the economically most developed country in the framework of the European Union and a country in which a great number of Czech citizens seek their work opportunities. As far as structure of the individual Chapters is concerned, they are not arranged herein in the same scheme, because the legal form of the notice in the legal regulations differs so much, as far as conception or legal sources is concerned, that even the breakdown of the individual Chapters respects reflects such differences. Hence, the Chapter describing the notice in the Republic...
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Notice of termination of employment
Lněnička, Jakub ; Štangová, Věra (advisor) ; Vysokajová, Margerita (referee)
The aim of this thesis is to analyze current legislation of notice of termination and refer to some of the questionable area of this termination. The thesis also offers some of the proposals of amendments de lege ferenda. Reasons of these proposals are that notice of termination of employment as unilateral legal act brings negative aftermath mainly for employee, but in some cases also for employer and legislation should prevent these negative effects or at least minimized them. The thesis is divided into seven chapters. The first chapter deals with position of labor law and his relationship with the civil law, due to subsidiary using of the civil code. The second chapter describes the legal facts that lead to the notice of termination, with an emphasis on legal act, because notice of termination is an unilateral legal act which must fulfill the statutory requirements. The third chapter discusses national and international sources of law of regulation of notice of termination. The main part of the thesis is contained in chapter four, which deals with the current legislation of notice of termination. This chapter, with the help of the case law, deals with formal and content page of notice of termination, her delivery, notice of termination by employees and employers, prohibiting the possibility 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 of termination due to organizational reasons under Section 52(a) through (c) of the Labour Code
Zábranský, Petr ; Pichrt, Jan (advisor) ; Drápal, Ljubomír (referee)
The aim of this thesis is to deal with the notice of termination due to organizational reasons under Section 52(a) through (c) of the Labour code. The topic of the thesis does not consist only in organizational changes and a notice of termination linked to them, its purpose is to describe the whole picture of the process of giving the notice to an employee and details which an employer must remember to keep the notice valid. The thesis is composed of ten chapters not counting the Introduction describing the motive for choosing the topic of the thesis and the aims of the thesis and the Conclusion containing the brief evaluation of the legal regulation. Chapter One deals with the labour-law relations, their concept and the distinctions between the individual labour-law relations and the collective labour-law relations. Chapter Two is concerned with the termination of employment in general and describes the division of the ways in which employment may be terminated, i.e. legal acts, legal events or authoritative decisions. Chapter Three elaborates the issues common to all reasons for the notice, which means that the attention is paid to these reasons, the written form of notice, delivering and the withdrawal of the notice and the participation of trade unions in a termination of employment. Special attention...
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Notice of employment
Homolková, Simona ; Pichrt, Jan (advisor) ; Bělina, Miroslav (referee)
The Notice of Employment The main reason I have chosen this topic for my diploma thesis is that we have to deal with questions of labour law in our everyday lives. Generally speaking it is a common issue and I believe that it is therefore very important to understand it correctly. The notice of employment can bring serious economic and social consequences into the life of every employee and at the same time have an impact on his family members. On the other hand the employers should be able to terminate employment with such employees who are irresponsible or incompetent. Hence, the aim of this thesis is to analyse the regulation of the notice of termination of employment in the legal order of the Czech Republic, explain the essential principles of this regulation and point out various options of its interpretation. The paper is divided into seven chapters. First, there is a general outline of the examinated issue followed by chapters dealing with the historical evolution of legal regulation and the European Communities` regulation of the notice of employment. Further passages are in regards to a closer analysis of the notice of employment in general, notice given by the employee, notice given by the employer and their legal reasons. Relevant judicial decisions were also incorporated in each of...
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Termination of employment relationship
Vitouš, Alan ; Štangová, Věra (advisor) ; Brádlerová, Libuše (referee)
Employment, termination of employment, notice of termination of employment, termination of employment agreement The thesis is focused, inter alia, on the summary and research of all relevant legal provisions related to employment and termination of employment. It also means that the scientific method used for the thesis is the analytical one. Quite logically, the thesis is not a mere compilation. There will be also formulated at appropriate points attitudes and opinions of the author of the thesis related to the issue of termination of employment and the individual ways of termination of employment. In addition to the analytical method, there will be also used the comparative method to compare the existing legal provisions to the former legal provisions. Finally, the attention will be paid to de lege ferenda. The thesis is divided into the introduction and 18 chapters, conclusion and list of references.
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