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The transfer of an undertaking/business in Czech and European Labour Law
Reichmann, Lukáš ; Pichrt, Jan (advisor) ; Štefko, Martin (referee)
The transfer of an undertaking/business in Czech and European Labour Law The aim of my thesis is to thoroughly analyse the regulation of transfers of undertakings, businesses or parts of undertakings or businesses in the perspective of Czech and European Labour Law. The reasons for choosing this topic are my genuine interest in Labour Law and the fact that this area of Labour Law is relatively overlooked by most authors in the Czech Republic. Aside from the general introduction and conclusion, this master thesis will consist of three main parts, each of them dealing with different aspects of the topic concerned. The introductory part defines basic terminology used in the thesis and describes my motivation for choosing this topic. The first part gives a brief historical overview of the development in this area of Labour Law both in European Law and Czech Law. The second part deals with transfers of undertakings/businesses within European Law, so the Council Directive No. 2001/23/EC and the respective case law of the Court of Justice of the European Union are mostly discussed there. Therefore, this part focuses on various aspects of this topic such as legal transfer, merger or identity of economic entity. Then, several methods of the transfer of undertaking/business within the sense of the directive...
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Transfer of rights and obligations arising from employment relations
Košnar, Michael ; Štangová, Věra (referee)
The thesis focuses on the transfer of rights and obligations arising from employment relations. This legal institute is primarily aimed at the protection of employees during the transfer of undertakings, which can negatively affect their employment relations. The matter is regulated under the Transfers of Undertaking Directive 2001/23/EC. In addition, it is regulated under Czech law, mostly by articles 338-342 of the Czech Labour Code No. 262/2006 Coll. The thesis involves critical assessment of the EU and Czech regulation of the issue including relevant case law of the Supreme Court of the Czech Republic and the Court of Justice of the European Union(CJEU). Furthermore, it aspires to identify the possible problems arising from the current regulation and aims to find their possible solutions. The most essential questions are; when the transfer of rights and obligations occurs according to legislation currently in force and when it should occur in the case the legislation is to be amended. The thesis consists of three chapters. The first introductory chapter provides the reader with a necessary theoretical background. The second chapter contemplates the Directive 2001/23/EC and predominantly focuses on the material scope of the Directive in the light of the relevant case law of the CJEU. Finally,...
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Value Added Tax in International Trade in Goods
Tomíček, Milan ; Karfíková, Marie (advisor) ; Boháč, Radim (referee) ; Radvan, Michal (referee)
The dissertation is dedicated to application of value added tax to an international trade in goods while it focuses on so called intra-Community supplies between EU member states. It focuses also on the extent to which the transitional VAT system is applicable in terms of European single market. The aim of the dissertation was to map existing and possible future development of the VAT system in the area of the intra-Community supplies and its legal framework. The primarily task was to analyze relevant legislation (first Directive 2006/112/EC and Act No. 235/2004 Coll., about the value added tax, as amended) taking into account case law of Court of Justice of EU and national courts of individual EU member states, including the application of the results of analysis on specific selected transactions. A fundamental question seems to be how to prove a fulfillment of conditions for application of the VAT exemption on delivering goods to another EU member state. The condition which appears to be most risky is that the supplier is obliged to prove that the goods left the national territory, especially in a situation where the actual transport is arranged by the customer and the supplier must largely rely on the information that he receives from the customer. The position of the supplier is complicated by...
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Transfer of rights and obligations arising from employment relations
Košnar, Michael ; Hůrka, Petr (advisor) ; Morávek, Jakub (referee)
The thesis focuses on the transfer of rights and obligations arising from employment relations. This legal institute is primarily aimed at the protection of employees during the transfer of undertakings, which can negatively affect their employment relations. The matter is regulated under the Transfers of Undertaking Directive 2001/23/EC. In addition, it is regulated under Czech law, mostly by articles 338-342 of the Czech Labour Code No. 262/2006 Coll. The thesis involves critical assessment of the EU and Czech regulation of the issue including relevant case law of the Supreme Court of the Czech Republic and the Court of Justice of the European Union(CJEU). Furthermore, it aspires to identify the possible problems arising from the current regulation and aims to find their possible solutions. The most essential questions are; when the transfer of rights and obligations occurs according to legislation currently in force and when it should occur in the case the legislation is to be amended. The thesis consists of three chapters. The first introductory chapter provides the reader with a necessary theoretical background. The second chapter contemplates the Directive 2001/23/EC and predominantly focuses on the material scope of the Directive in the light of the relevant case law of the CJEU. Finally,...
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Transfer of rights and obligations arising from labour relations
Blaha, Martin ; Lang, Roman (advisor) ; Štefko, Martin (referee)
This diploma thesis deals with the institute Transfer of rights and obligations arising from the labour relations under the Czech legal system in comparison with European legislation and namely in the light of the Czech and EU's judicial decisions. The text is divided into three main parts. In the first part there are generally determined the labour relations, their elements and possible change of them. The second part describes the institute, the impact on the concerned employees and all rights and obligations with the transfer related. The third part is about the situations, when the Transfer of undertaking occurs in accordance with special regulations. There are raised the questions in the text, which could occur in this context with the change of the employer, and the author attempts them more or less to answer with the assistance of the decisions of courts.
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Stay of the third-country nationals in the Schengen Area in the common visa policy framework
Murad, Daniela ; Tomášek, Michal (advisor) ; Pítrová, Lenka (referee)
The thesis deals with the development of the Schengen cooperation and characteristic of the Schengen acquis transforming in the course of time, with the stress on the field of visa and residence/migration policy. Main emphasis is on the valid legislation concerning the status and stay of the third country nationals. The thesis looks into problematic parts of the legislation, both theoretical and practical, and provides opinion of the author on those matters. The thesis is divided into four main spheres. The first one concerns development of a visa and migration policy in the framework of development of the Schengen cooperation and its gradual integration into the main EU policies, its definitions and different participation of the Member States. Following key part of the thesis deals with the current valid provisions of the stay of the third country nationals (citizens of the countries outside of the EU). This part defines subjects of law coming from the third countries, as differentiated by the Union and Czech law and defines various types of authorization to stay which entitle them to short or long-stay at the Schengen or Czech territory. The third segment deals with the family members of the EU nationals who are covered by specific legal framework. Last part of the thesis encompasses future...
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Protection of employee in the event of transfer of employer
Doležalová, Zuzana ; Hůrka, Petr (advisor) ; Štefko, Martin (referee)
The thesis deals with the topic of transfer of rights and obligations arising from employment relationship. On the European level this institute is governed by Council Directive 2001/23/EC on the approximation of the laws of the Member States relating to the safeguarding of employees' rights in the event of transfers of undertakings, businesses or parts of undertakings or businesses. On the domestic level, the regulation can be found in the Labour Code in Chapter XV, Part Thirteen in § 338 et seq. The thesis concerns with both regulations and examines the implementation of the Directive into Czech law. It also compares the approach of CJEU and Supreme Court of Czech republic to this issue. The topic is at first briefly introduced in the introduction. The second chapter clarifies the basic terms. Core of the thesis is the third and in the fourth chapter. Big part of the thesis is devoted to defining the scope of the regulation, that means the determination of cases, when it is aplicable. The first part of the third chapter describes the regulation of the directive and the development and current view on this issue of CJEU. The directive applies in cases of transfer of an economic entity which retains its identity. The second part of the third chapter is devoted to its equivalent in the Czech law. The Labour...
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The Concept of Worker in the European Law
Kunertová, Tereza ; Tomášek, Michal (advisor) ; Smolek, Martin (referee) ; Štefko, Martin (referee)
The author in its Dissertation thesis deals with the concept of worker under the free movement rights in EU law. Following the introduction, the thesis itself focuses on the positive and negative delimitation of the concept. One of the core chapters of the "positive part" tries to find an answer on the research question whether any "Keck-like" principle exists as a criterion for defining obstacles to the free movement of workers. The aim of the chapter is to find an answer what shall be subsumed under the obstacles to free movement of workers and what are Member States left with to regulate freely on their territories. In regard with the negative delimitation of the concept, the author deals with the diversion between workers and non-economically active citizens of the EU. The core chapter deals with the growing tendency of Union citizens to move to the host Member States to study while retaining the status of a worker.
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The transfer of rights and obligations arising from employment relationship
Kůsová, Šárka ; Štefko, Martin (advisor) ; Morávek, Jakub (referee)
The thesis focuses on regulation of transfer of undertakings in the European Union and Czech law as defined by the Directive 2001/23/EC, the so called Acquired Rights Directive. Transfer of undertaking is a term used in labour law to describe a situation of change of employer as a result of legal transfer or merger. The aim of this thesis is to analyse the EU and Czech legal regulation of transfer of undertaking, especially with respect to the case law, its employment consequences, to mutually compare both regulations and finally to examine whether the Czech implementation complies with the Directive. The thesis is composed of four chapters. The first chapter is introductory and analyses the basic terminology of Czech labour law regarding employment relationship, its components and alterations, in particular the alteration of parties to employment relationship. The second chapter deals with the EU regulation of transfer of undertakings under the Acquired Rights Directive and abundant case law of the Court of Justice of the European Union. It starts with brief description of history of respective legal regulation and then describes the temporal, personal and territorial scope of the Directive. However, the scope that is the most complicated to define is the material scope, i.e. the range of cases to...
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Transfer of the Employment Obligations under Legal Transfer and Merger
Smělík, Václav ; Hůrka, Petr (advisor) ; Štefko, Martin (referee)
The thesis focuses on the issue of transfer of undertaking as recognized by the Acquired Rights Directive 2001/23/EC under the EU and Czech law. The first chapter "general introduction" offers an overview of the basic relationships that arise in the course of employment, and the basics of European law. The second chapter considers the rules of the transfer of undertaking under the Acquired Rights Directive and in light of ECJ case law. It defines the terms legal transfer and merger, economic entity which retains its identity, employee, transferor and transferee. Further, it considers the transferred rights of employees and the corresponding duties of employers, encompassing the right for information and consultation, protection against dismissal on the grounds of the transfer and the right for the same work conditions after the transfer. It covers a special case of transfer of undertaking in the case of transferor's insolvency. The third chapter deals with the regulation of transfer of undertaking under Czech law. Firstly, the chapter introduces the development of the provisions covering the transfer in the Labour Code. It focuses on the contemporary provisions of the Labour Code. It describes the grounds for the transfer covered by the Labour Code and particular statutes such as the Civil Code,...
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