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Protection of Employees upon Termination of the Employment
Benešová, Lucie ; Štangová, Věra (advisor) ; Vysokajová, Margerita (referee)
The theme of this thesis is the protection of the eployees upon termination of the employment. The aim is to comprehensively assess the current legislation of termination of empoyment, with regard to the degree of protection that is provided to employees. It deals with the protection of employees, their position but also the claims related to the termination of the employment relationship. This thesis is dividend into five chapters, the first of which relates to the functions of labor law with an emphasis on the function of protection as a core function of labor law. With regard to weaker position of the employee to the employer, it is clear that labor law generally tries to balance this inequality or in some way eliminate it in order to provide the highest level of security. The second charter presents the core of this thesis and deals with the varoius types of termination of employment. It contains their assessement in relation to ensure adequate protection of employees but also the positives and negatives of legislation including possible aplication problems that are occured in practice. The emphasis is placed primarily on the termination of the employment relationship in view of the fact that the need to ensure a sufficient level of protection of employees in this unilateral termination method...
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Changes in Japanese Human Resource Management in time and space
Zvědělíková, Mirka ; Koubek, Ivo (advisor) ; Cahlík, Tomáš (referee)
The subject of this work is to assess the evolvement of Japanese Human Resource Management mainly from the last decade of the 20th century, the time of the economic crisis in Japan, until present times. The different style of Japanese HRM is considered to be one of the reasons behind the success of Japanese firms on the international markets in the latter half of the 20th century. After 40 years of continuous growth the adaptation to the new worsening conditions was inevitable, which is a situation not unlike the one the western firms are facing today. Focus of this thesis mostly lie in elaborating on the origins and principles of the HRM methods seen as typically Japanese, their reaction to unfavorable economic situation and how this process could be applied in western settings. Then, based on the past changes and worlwide trends, I will outline the possible future development. The aim of this thesis is to uncover to what extent the Japanese Human Resource Management principles are uniquely Japanese and tied to Japanese environment, to map their adaptation to economy in crisis and to find out if this approach is applicable in western firms.
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Freedom to contract in employment relationship
Slabý, Tomáš ; Hůrka, Petr (advisor) ; Štefko, Martin (referee)
This thesis deals with the actual extent of contractual freedom in labor law relations from the theoretical perspective and from the perspective of its specific consequences in labor law as well. Therefore the thesis consists of two main parts. In part one, the thesis defines the legal principle concept and continues with the autonomy of the will characteristic, from which the contractual freedom principle derives, and then it describes its restrictions as a reset of both the principle of equality and the principle of protection of the weaker party to contract. As follows, the thesis deals with the position of labor law within the private law area, its historical development, the influence of the Constitutional Court decision no. 116/2008 Coll. and the adoption of the new Civil Code in terms of the labor law contractual freedom extent. The ending of the first part is dedicated to the modern "flexicurity" system that seeks to reach the balance between contractual freedom on one hand and an employee protection within labor law on the other hand. In its second part, the thesis aims to analyze particular appearances of contractual freedom within chosen labor law aspects as it both, shortly describes them and assesses them in terms of the space that they provide to contractual freedom and the amount of...
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Notice of termination of employment relationship
Prouza, Jiří ; Štangová, Věra (advisor) ; Vysokajová, Margerita (referee)
The thesis deals with notice of termination of employment relationship. It aims not only to analyse current Czech legislation including existing case law, but also to outline possible proposals of amendments (de lege ferenda considerations). It consists of eight chapters. The first chapter is concerned with general issues of labour law - its concept and function, its role in legal system, its relation to civil law and directory or mandatory nature of labour law rules. The second chapter provides a basic analysis of further ways of termination of employment relationship, which are further legal acts leading to termination of employment (i.e. agreement on termination of employment, instant termination of employment, termination of employment during the probationary period), termination of employment on the basis of an official decision and termination of employment by legal events. The third chapter to the sixth chapter deals with current Czech legislation regulating notice of termination of employment and with further related issues - prohibition of notice of termination during protective period and exemptions from this prohibition (chapter 4), invalidity of notice of termination (chapter 5) and employer's obligations consequent upon termination of employment (chapter 6). The third chapter mainly...
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Notice of termination of employment relationship
Štosek, Milan ; Vysokajová, Margerita (advisor) ; Štefko, Martin (referee)
v anglickém jazyce Notice of termination of employment relationship The aim of this thesis is to provide a summary of the legal regulation of notice of employment relationship in the Czech Republic. Notice of employment relationship has a huge impact on both employees and employer and therefore important attention should be paid to it. This thesis not only deals with a summary of the Czech current legal regulation of notice of employment relationship de lege lata but also pays attention to potential problems connected with it and gives some proposals de lege ferenda. Furthermore the final part is dedicated to a short legal overview of the foreign legal regulations of termination of employment relationship in two European countries - the Slovakia Republic and the Spanish Kingdom. The thesis is composed of 13 chapters. The first chapter is dedicated to the most important international and European documents dealing with termination of employment relationship. The second chapter deals with a term of employment relationship, gives its explanation and briefly describes all types of termination of employment relationship as well. The main matter of this thesis is discussed in the third and following chapters. The third chapter is dedicated to notice of employment relationship in general and its...
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The employment contract
Škraňka, Vít ; Hůrka, Petr (advisor) ; Lang, Roman (referee)
The employment contract Abstract This thesis is dedicated to the employment contract. The main target of this thesis is to evaluate the law regulation of this contractual type and all the coherent regulation, with particular emphasis on the labor codex, with use of specialized literature and conclusions of judicial decisions and eventually to propose what regulation could be implemented by the law maker. The first part of this thesis is the entry to the theme of this thesis and its main target is to explain why I chose this theme, what will be the content of this thesis, what will be its aim and what methods will be used. The second part of this thesis is dedicated to the term of the labor law, its position in the overall system of law and mainly to its principles as they influence the way that the whole labor law regulation is made. The third part of this thesis is dedicated to the term of the employment relationship as to an institute that is indivisible from the employment contract, to the process before it is based between the parties, to the ways of its creation, the content of the institute and its relation to the employment contract. The fourth part of this thesis is dedicated to the employment contract itself. The part describes the process before the contract is concluded, the form of the contract,...
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Concurrence of the function of a member of a statutory body and an employment relationship in the same corporation
Pulda, Tomáš ; Morávek, Jakub (advisor) ; Tomšej, Jakub (referee)
Concurrence of the function of a member of a statutory body and an employment relationship in the same corporation Abstract The aim of this work is to comprehensively map the issue of concurrence of a member of a statutory body and an employment relationship in the same business corporation, both in terms of regulatory development and in terms of the most important court decisions concerning concurrence. The purpose is therefore to create an imaginary "timeline" that will reflect the various relevant provisions of the legislation and at the same time bring a selection of the most interesting court decisions. The more practical side of the matter is also not neglected, when the validity of employment contracts, which create concurrence, is analyzed. The first chapter is focused on the basic theoretical background of both the field of labor law and commercial law, which is worked with in other parts of the work and which are important for understanding the whole issue. In the third chapter, I focused on case law, which represents a key role in the issue of concurrence of a member of a statutory body with an employment relationship. A substantial part of this chapter is devoted to the analysis of the Constitutional Court's ruling from 2016, but several decisions of the Supreme Court are also mentioned, whose...
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The Limits of subordination of employee during dependant work
Ludačka, Jan ; Hůrka, Petr (advisor) ; Matějka Řehořová, Lucie (referee)
83 The Limits of subordination of employee during dependant work Abstract An employment relationship is one of a civil law relationships. It differs from other civil law relationships because of its object, i.e. a dependant work and unequal positions of its subjects. At the time of commencement of the employment relationship, an employee becomes subordinate to an employer and the employee obliges to follow the instructions of the employer. The employee spends substantial part of his or her working day in this unequal relationship. Superordinate position of the employer is not absolute. In the history of the Czech labour law, we can see attempts to express this limitation of superordinate position of the employers. For example, the draft of the civil code from 1996 declares that an employee can refuse to perform the instruction of an employer which is not in compliance with the employment contract or the collective agreement and that an employee shall refuse to perform the task which is not in compliance with law. However, the act No. 262/2006 Sb., labour code, only declares that an employee shall perform instructions of an employer if they are made in compliance with law. Such absence of regulation shall not be interpreted in the way that a scope of the superordinate position of the employer is not limited....
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Identifying obscured employment or: how to avert the associated risks
Doležal, Radim ; Morávek, Jakub (referee)
Identifying obscured employment or: How to avert the associated risks Summary The thesis explores the issue of obscured employment and obscured agency employment. Its roots are in practical experience and real needs of actual subjects. In practice, the issue of obscured employment and obscured agency employment is particularly important in relation to outsourcing of one's business activities to another person. However, the current legal regulation is not perfectly clear when it comes to definition of these two legal problems and their identification in practice. This is true especially in relation to the issue of obscured employment. Thus, the goal of this thesis is to identify the elements defining obscured employment and obscured agency employment. Added value of this thesis is then introduction of possible ways of how to organize an outsourcing relationship so that the relevant authorities do not assess such relationship to be obscured employment or obscured agency employment. In other words, how to avert the risks associated with obscured employment and obscured agency employment. This follows straight from the defining elements of these two legal issues identified in the thesis. The foundations of this thesis are laid in analytical definition of fundamental, mostly labour law, concepts used herein....
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