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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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Employee's liability for damage caused to the employer
Volková, Petra ; Štangová, Věra (referee) ; Brádlerová, Libuše (referee)
Employee's liability for damage caused to the employer Abstract My rigorosum thesis deals with the issue of "Employee's liability for damage caused to the employer". My main motivation to choose this topic is to the fact because it is connected with every individual of working age, exactlier said - with every employee. Legal regulation of employee's liability for damage caused to the employer undoubtedly belongs to the most important areas of labour law. The above mentioned issue is highly topical. The high topicality is presented by a high number of judicial decisions of courts of all instances. It is clear that not only in the judicial decisions of general courts but also in the judicial decisions of the Supreme Court of the Czech Republic dealing with the employee's liability for damage caused to the employer is increasing. In my rigorosum thesis I focus first and foremost on the analysis of legal regulation of employee's liability for damage caused to the employer as well as on the closest legal matter connected with the main issue of this rigorosum thesis. I also deal with the matter of application of the legal regulation in legal practice mostly based on judicial decisions of the general courts of all instances as well as judicial decisions of the Supreme Court of the Czech Republic. I analyse the...
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The Competition Clause within the Czech legal system featuring the Dutch labour law
Theunissen, Helena ; Pichrt, Jan (advisor) ; Hůrka, Petr (referee)
The Abstract The competition clause is an instrument of legal protection for an employer against the abuse of the company's confidential information and know-how from the side of an employee to whom this information was introduced in his labour relation. The first and major part of the thesis deals with the concept of the competition clause within the Czech legal system in general. It presents its history in the Czech (Czechoslovak) legislature from the beginning of 20th century to the present date. It tries to determine four different basic stages after each relevant amendment in the development of the legal institute of the competition clause after 1989: a. The absence of the concept in the Labour code until amendment No. 155/2000 Coll.. b. Labour Code after the amendment No. 155/2000 Coll. c. Labour Code after the amendment. No. 46/2004 Coll. d. And finally, the new Labour Code, introduced as act No. 262/2006 Coll. The thesis further analyses particular problems of contemporary legal regulation of the competition clause. It presents just introduced proposal of amendment to Labour Code expected to come into force by January 1st 2012. It also brings a brief summary of the position of this institute in business law, act. No. 513/1999 Coll. and in economic competition act. No. 143/2001 Coll. Marginal...
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Agreements to work outside the scope of employment
Běťáková, Anna ; Hůrka, Petr (advisor) ; Morávek, Jakub (referee)
57 Abstract Agreements to Work Outside the Scope of Employment The present thesis deals with the topic of agreements to work outside the scope of employment, an institute of the Czech Labour Law which constitutes, along with the employment agreement, one of the basic labour law relations. The aim of the thesis was to present and describe the institute of the agreements to work outside the scope of employment in order to determine their place within the Czech labour law and whether they are still a useful form of employment. The thesis is divided into seven parts. The first part deals with the general theme of labour law relations, with the relation of labour law to civil law as well as with the public law limitations of contractual freedom in labour law relations. The second part of the thesis concerns the history of the agreements to work outside the scope of employment and the changes the institute went through since its introduction to the Czechoslovak and later Czech law. This part further focuses on the compliance of the agreements to work outside the scope of employment with the European labour law. The third part of the thesis serves to approach the contents of the institutes of dependent work and employment agreement, in order to better distinguish and compare the agreements to work outside the...
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Liability for a damage in the practise of the courts
Gergeľová, Zuzana ; Drápal, Ljubomír (advisor) ; Pichrt, Jan (referee)
Liability for a damage in the practise of the courts: The aim of the thesis is to analyse liability for damage in the Czech labour law with an emphasis on the case law. The thesis contains examination of various aspects of liability for a damage in the labour law with the highlight on a practice of the courts. There are five chapters included in the thesis. The first one begins with the general conception of the liability in the Czech law. The liability for damage with the specification of its basis is described next. The next part points out that there are basically two kinds of the liability for damage: the liability of an employee and the liability of an employer. The ending of the first chapter is dealing with the significance of the case law in the continental Europe system, particularly in the Czech law. The second chapter characterises the liability for a damage of an employee. The General liability of an employee with a detail analysis of the basis of the liability, which can be found through the whole thesis, is presented firstly. In the next part focuses on the basic requirements for the formation of the distinctive liabilities for a damage, the Liability for a shortfall in things entrusted to an employee and the Liability for a loss of the things entrusted to an employee. The last part of...
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Social policy of the EU and its impact on czech legislation
Kačírková, Eliška ; Štangová, Věra (advisor) ; Vysokajová, Margerita (referee)
The dissertation "Social policy of the EU and its impact on czech legislation" is dealing with the problem of the European social policy, as a policy with shared competences (that means that there are shared competences - between national states and it's authorities and the EU 's authorities), and it's increasing impact on the czech legislation. This growing influence of EU's authorities and EU primary and secondary law is caused by the czech EU membership (originated in 2004). In this dissertation, there were set two main goals. First of these two aims is to find out, in whitch scale is the czech legislation influenced by European Union's law, especially in the field of social policy. The second aim is to present particular changes and modifications of czech nation law, caused by the EU secondary law - by the regulations and implemented directives. The research methods used in this dissertation were: The European primary law analysis, witch led to the findings about the scale of EU authorities competences, in sence of czech national law transformation. The second half of this dissertation used the method of comparison. There were compared two labour law codes - the labour law code number 65/1965 and labour law code number 262/2006. As we should be able to find out, which chnages brought EU primary law, and...
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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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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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The basic principles of the remuneration of dependent work in the Czech Republic
Jedlička, Michal ; Kalenská, Marie (advisor) ; Vysokajová, Margerita (referee)
Rigorous thesis "The basic principles of the remuneration of dependent work in the Czech republic" deals with general interpretation of principles of remuneration like the principle of dual legal regulation of the remuneration, the contract principle, the principle of state right on wage control, the principle quantum remuneration for the work done and the principle of protection of the wage. Separate parts attend to sources of law which govern legal regulation of the remuneration, special regulation of remuneration the state employees practicing the state service and discourse about possible ways of future form of the legal regulation of remuneration of dependent work. Beside these principal matters the thesis includes brief historical interpretation of legal regulatory of remuneration, definition of particular functions of wage and definition of basic institutions used in the legal regulatory of remuneration as wage, salary and remuneration.
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Notice od termination of employment
Zvonař, Adam ; Štangová, Věra (advisor) ; Tomšej, Jakub (referee)
Notice od termination of employment Abstract The aim of the diploma thesis is to analyze the valid legal regulation of the institute of termination of employment. The thesis further defines other reasons leading to termination of employment in general and other institutes, which are inextricably linked with the termination of the employment relationship. The second goal is to think about a possible amendment to the existing legislation, which has brought more flexible elements to the issue of termination. The work is based on professional literature, court decisions of the Supreme Court of the Czech Republic and legal regulations, and the most important standard - the Labor Code. The diploma thesis is divided into six chapters. The first chapter deals with labor law in its general conception in the system of law and its relationship to civil law, where it deals in more detail with the principle of delegation and subsidiarity. The second chapter generally deals with all the ways in which the employment of termination of the institute can be terminated, which is discussed in more detail in the next chapter. The third chapter is crucial, as it comprehensively examines the institute of termination of employment. It includes subchapters that deal with other institutes that are inextricably linked to the...
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