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Protection against discrimination in employment relations
Slovák, Petr ; Koldinská, Kristina (advisor) ; Tomšej, Jakub (referee)
1 Protection against discrimination in employment relations Abstract The thesis discusses legal instruments of protection against discrimination in labor relations which are applied in accordance with the current legislation of the Czech Republic. Using the perspective of the discriminated employee, the thesis distinguishes between preventive and reparatory instruments. However, the thesis indicates that the boundary between these two basic categories is often blurred. In the introductory chapters, the thesis attempts to identify and define the features of discriminatory behavior, which, according to the theory of law, lies within the domain of private and public law. The thesis points to the intertwining of public and private law as a typical feature of labor law. The related second chapter reviews the parallel existence of the public interest in protection against discrimination in employment relationships and the private interest - or individual claims - of discriminated employees. However, exercising the public interest on the one hand, and exercising personal, legitimate interests of employees on the other cannot be understood as antagonism. The third chapter lists the instruments of protection against discrimination, divided into preventive and reparatory instruments, and mentions the subjects and...
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Current labor law jurisprudence of the Supreme Court in the Czech Republic and its impact on regional education system
Konečný, Petr
Thesis deals with the case law of the Supreme Court in labor law with an impact on regional education. The Supreme Court is the supreme authority of the general court system in the country. The main mission of the Supreme Court is to ensure the unity and legality of court decisions, which is carried out through the adoption of a position on judicial decision-making. Attention is devoted to the analysis of individual legal cases in the field of regional education. KEYWORDS The Supreme Court of the Czech Republic, Jurisprudence, Regional education, Labor law, Labor disputes
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Liability of the employee for damage
Cozl, Marek ; Štangová, Věra (advisor) ; Tomšej, Jakub (referee)
Liability of the employee for damage Abstract The content of this thesis is the issue of employee's liability for damage caused to employer. The topic of the thesis is constantly relevant, as it concerns a large number of people, because in the first quarter of 2020 more than four million employees were registered in the Czech Republic. The issue of employee's liability for damage, respectively its compensation is a very sensitive topic for employees, as compensation for damage, for example in the amount of several monthly incomes, is a significant intervention in the economic situation of almost every employee. In addition, the regulation of employee liability for damage, given its long- term strong protection of employees, can have an impact on the labor market, as employers are often exposed to the significant risk of damages they may demand from employees. As a result, employers may prefer other forms of cooperation than on the basis of an employment contract. The aim of the thesis was to give a clear and comprehensive interpretation of the institute of employee's liability for damage, to analyze this institute in detail and analyze the legal regulation of various types of employee's liability for damage in connection with selected relevant case law, and finally to provide partial proposals de lege...
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Current labor law jurisprudence of the Supreme Court in the Czech Republic and its impact on regional education system
Konečný, Petr
Thesis deals with the case law of the Supreme Court in labor law with an impact on regional education. The Supreme Court is the supreme authority of the general court system in the country. The main mission of the Supreme Court is to ensure the unity and legality of court decisions, which is carried out through the adoption of a position on judicial decision-making. Attention is devoted to the analysis of individual legal cases in the field of regional education. KEYWORDS The Supreme Court of the Czech Republic, Jurisprudence, Regional education, Labor law, Labor disputes
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The responsibility of an employee for domage
Hinterbuchner, Lukáš ; Štangová, Věra (advisor) ; Vysokajová, Margerita (referee)
Thesis title: The responsibility of an employee for damage The subject of the thesis is the responsibility of an employee for damage. The thesis offers in the first place a comprehensive summary of the current legislation of the topic. The main purpose of the thesis is to summarize the legislation of the labor- law and of the employee`s responsibility for any damage done to the employer where for this purpose there are analyzed particular sorts of the responsibility distinguished by the Labor Code. In details there are described first of all specific conditions that must be fulfilled to claim the responsibility on the employee for the damage, the possibility of the employee to disclaim it is not neglected either. The thesis focuses on the main differences that distinguish the particular sorts of the responsibility from each other. An attention is given to the links between labor law and other legal codes, especially the civil one where the connection is the closest whereas the understanding of this mutual relation is very essential to understand the stated topic. The thesis is not formulated as only theoretical however there is a practical view of the topic included which is mingled mostly by decision-making practice of courts which generates some answers to unclear explanation of the legislations,...
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Contract of employment and formation of employment
Lněnička, Jakub ; Štangová, Věra (advisor) ; Vysokajová, Margerita (referee)
The contract of employment and formation of employment The aim of this thesis is to analyze effective legislation of contract of employment and formation of employment with the help of professional literature, specialized articles from labor law experts and judicial decisions, especially the judicial decisions of the Supreme Court of the Czech Republic. The conclusion of thesis includes the proposals of the possible future legal regulation, which could bring more legal certainty regarding the institutes that are the subjects of this thesis. The thesis is divided into six chapters. The first chapter contains a description of the concept, status, function and subject matter of labor law. The second chapter deals with the history of the development of the contract of employment and formation of employment. The reason for including this chapter is the fact that on the basis of historical developments it is easier to understand today's legal regulations and therefore, avoid possible changes that have been proven as inappropriate in the past. Within the third chapter are analyzed the sources of legislation, both international and national, in which the Labor Code and the Civil Code have the main status, when the regulation in Civil Code has a subsidiary status to the regulation contained in the Labor...
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Ways of ending of an employment relationship
Kroupa, Jakub ; Štangová, Věra (advisor) ; Štefko, Martin (referee)
The ending of an employment relationship can be considered to be one of the most important institute of the labour law. By means of it is terminated the legal relation between employer and employee, which can results in grave social and legal repercussions for the employee. For this reason, the labour code follows up thoroughly the alterations, conditions and ways of ending of an employment relationship. This rigorosum wants to map these ways and define usage of its legal preconditions and differences in following chapters. It uses legal practise of labour code, case law, and literature for this purpose. It adverts several practical issues of ending of an employment relationship at the same time. The introduction pursues the general concept of labour law and its historical development. It also contains, what legal relation is according to the law and introduces the reader to employment matters at the same time. The second chapter analyzes individual types of legal acts - agreement on termination of employment, dismissal, including its prerequisites, dismissal reasons, unions participation, delivering and termination notice period; as well as dismissal without notice, dismissal during probation period, and invalid ending of an employment relationship. The third chapter is dedicated to another type of...
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Employment contract and the establishment of an employment relationship
Sekalová, Martina ; Štangová, Věra (advisor) ; Vysokajová, Margerita (referee)
1 Employment contract and the establishment of an employment relationship Abstract This diploma thesis deals with an employment contract and the establishment of an employment relationship. The aim is to provide a comprehensive outlook on the issue of employment contract and the establishment of an employment relationship, analyze the current legislative framework including the case law and point out some challenges regarding the application in practice. The thesis is divided into four main chapters that are further segmented. The first chapter provides a basic overview of the labor law, its function, and position within the legal framework. Next, it analyzes the relationship between the labor law and the civil law post recodification, labor law relationships, and their basic principles and the dependent work as a subject matter of the individual employment relationship. The second chapter is devoted to an employment contract. It first analyzes the process before the employment relationship is established. Next, it deals with the establishment of the employment relationship itself, appointment and the issue of the so-called factual employment relationship. The third chapter is devoted to the employment contract in general. It provides the characteristics of the employment contract, which is one of the basic...
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Employment Relationships in Terms of Wage Costs Optimization
Šestáková, Denisa ; Foukalová, Lenka (referee) ; Musilová, Helena (advisor)
Bachelor thesis deals with the issue of labour relations in terms of the optimization of the labor costs that are related to employment of new staff. The theoretical part of the thesis deals with the basic concepts in labor relations. Analytical part aims to analyze payroll costs on the basis of our chosen company and selects the most suitable solution to optimize payroll costs when creating new working positions.
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