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Personal data protection in employment formation
Morávek, Jakub ; Pichrt, Jan (advisor) ; Hůrka, Petr (referee)
1 Resumé Personal data protection in employment formation This thesis is concerned with the questions of personal data protection in connection with labor-law relationships. In the concrete the author focuses on personal data protection in formation of the employment. First the author deals with general legal basis of the issue and, consequently, the author analyses personal data protection in positive law, namely in the Act No. 101/2000 Coll., on the Protection of Personal Data, as amended. The author examines in detail some questionable duties of the employer connected with processing of personal data of his employees and, at the same time, refers to the imperfection of transposition of the Directive 95/46/ES of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of these data. On the basis of given comments the author in the general level presents the scope of personal data that can be requested by the employer from the employee in formation of the employment. The author deals with often discussed cases of processing of personal data in the labor-law relationship as for example using of the employee 's photography, recording his family relationships etc. By means of practical example of...
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Non-competition clause
Šťastný, Kryštof ; Drápal, Ljubomír (advisor) ; Morávek, Jakub (referee)
TITLE: Non-competition clause AUTHOR: Kryštof Šťastný DEPARTMENT: Department of Labour Law and Social Security Law SUPERVISOR: JUDr. Ljubomír Drápal ABSTRACT: The aim of this thesis is to present a comprehensive description of the historical development of legal regulation of the non-competition clause from 1910 onwards, to point out the most important aspects of the current legal regulation, and to compare Czech legal regulation of this institute with its equivalent in German legal system. To achieve this aim, an analysis of the historical regulation of the non-competition clause is conducted and the positives and negatives of each regulation are presented. Emphasis is nevertheless put on the analysis of the present legal regulation of the non-competition clause in the Labour code. To put the Czech regulation of the non-competition clause into international context, a comparative analysis of Czech and German regulation is conducted, and the positives and negatives of the German regulation are assessed. The most important terms and concepts are introduced and defined in the first chapter to make their usage clear for the rest of the thesis. The second chapter is dedicated to the historical development of the regulation of the non-competition clause in the present-day Czech Republic. The historical...
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Non-competition clause
Božek, Michal ; Vysokajová, Margerita (advisor) ; Štangová, Věra (referee)
The aim of my thesis is to explain the meaning of the expression "non- competition clause" and to analyse its legal regulation in Czech labour law. The reason why I chose this topic is that non-competition clause is a very dynamic subject with a lot of changes in a historical point of view as you can see above. First of all, non-competition clause is an instrument of labour law which protects an employer against the abuse of the company's confidential information, knowledge and other know-how by the employee. According to the Czech legislation, non- competition clause means a voluntary agreement between employer and employee whose purpose is to protect employer's interests by reducing employee's job opportunities which would have a competitive character to the employer after the determination of an employment with the employee. There are several conditions need to be achieved in order to conclude a valid non- competition clause. For example, this contract needs to be agreed in writing. Secondly, the non-competition clause may be valid for only a certain period of time, not exceeding one year. Moreover, an employer is obliged to pay the employee some kind of a financial compensation every month. The amount of this compensation needs to be at least one average monthly salary of the employee. This...
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Notice of termination of employment
Šmídová, Klára ; Štangová, Věra (advisor) ; Vysokajová, Margerita (referee)
This diploma thesis deals with the topic of the notice of termination of employment in the Czech labour law. The thesis sets out multiple primary goals. The first goal is to introduce the reader to the context of the legal framework of the notice of termination of employment, including an analysis of selected case law relevant to the topic. The second goal is to provide a comparative outline via the exploration of Belgian labour law and its legal regulation of the notice of termination of employment. Thirdly, the author reflects the findings gathered throughout the thesis and offers some amendments de lege ferenda. The diploma thesis is divided into eleven parts. The first three parts relate to the general description of the matter - the first is devoted to the labour law in the context of the legal system of the Czech Republic, the second is devoted to specific characteristics of an employment relationship and its subject and object. The third part discusses the termination of employment in general and it also takes into account the strategy of flexicurity. The fourth part aims at enlightening the effect of the international law and the law of the European Union on the legal regulation of the notice of termination of employment. The fifth part is devoted to the notice of termination of employment...
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Scheduling of Working Hours
Juzová, Jitka ; Štefko, Martin (advisor) ; Drápal, Ljubomír (referee)
The thesis summarizes legal regulation of working hours and their scheduling in the Czech legal order. The aim of this thesis was to describe and evaluate various types of working patterns, which are addressed in the Labour Code, as well as to highlight some problems that can cause their application in practice. In addition to the current regulation, this paper deals with modifications proposed by the amendment to the Labour Code, which would come into effect January 1, 2012, and its influence on the organization of working time (the main change is the proposed unification of regulation of even and uneven schedule of working time and reducing the administrative burden and complexity of account of working time). The thesis can be divided into five main parts. The first part is devoted to the very definition of working time in European and Czech legislation and records of working hours. The second part focuses on the main topic of the thesis - the organization of working hours. In the individual sub-sections I describe the various patterns of working hours with an indication of potential problems in practice. I also mention the possible changes in the regulation of working time, which would bring the already mentioned proposed amendment to the the Labour Code. Schedule of working hours is related to work...
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Europeanization of Czech labour law
Němcová, Magda ; Hůrka, Petr (advisor) ; Koldinská, Kristina (referee)
The purpose of this thesis is to analyse not only the general topic of the europeanisation but also the topic of the legal europeanisation as such. This thesis is divided into eight parts. Chapter I provides a general introduction of the europeanisation and it also sets down the goals of this thesis. Chapter II aims at the general overview of the labour law. Chapter III deals with the European Union and the European law. This chapter is divided into two subchapters. The first subchapter goes in mainly for the development of the European Union. This is followed by the second subchapter dealing with the development of the labour law in the European Union. European labour law has been developing long time and can be divided into three time lines. Chapter IV engages with the topic of the europeanisation. Firstly, the terminology is reconciled and afterwards it continues with the europeanisation in common sense. Also some definitions and opinions from authors dealing with the Europeanisation are taken into consideration and pointed out. Then, the legal europeanisation introduction come after with regard to reasons which lead the member states of the European Union to harmonize their own legal order or which tools are used to harmonize the legal orders. The following Chapter V targets the europeanisation...
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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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Liberalization of the Czech Labour Law
Bartová, Gabriela Antonie ; Pichrt, Jan (advisor) ; Štefko, Martin (referee)
LIBERALIZATION OF THE CZECH LABOUR LAW Mgr. Gabriela Antonie Bartová, 2010 Abstrakt Liberalization of labor law is subject of this thesis. It deals with concepts and principles essential for the liberalization of labor law. They are: flexicurity principles, subsidiarity in relation to civil law, contractual principles, principle of "what is not forbidden is allowed". It deals with invalidity of legal acts, the question of a separate branch of the law. It mentions the issue of discrimination and loyalty towards the employer. Subsequently it covers individual institutes devoted to labor law. First, it deals generally with issues of employment, including the issue of so-called "švarcsystem". It looks over the possibility of anchoring the institute of secondary employment and employment for a shorter period of time. It focuses on the employment relationship, defining elements of an employment contract. It considers modification of the term "manager", institute of an appointment and probationary period. In detail it deals with concept termination of an employment - both in general terms, as well by individual institutions. It deals with notice, immediate termination of employment, termination of an employment on probation; based on an agreement. Furthermore, withdrawal from a contract, termination of an...
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Employment of foreigners in the Czech republic
Smrčinová, Zuzana ; Vysokajová, Margerita (advisor) ; Štangová, Věra (referee)
The Czech Republic has recently experienced an unprecedented influx of foreigners into its territory. The majority of those people come because of work opportunities. This phenomenon raises the questions of how to best regulate this influx and how to set the conditions under which these people work, so as to be a benefit and not a burden for society. The Czech Republic has set strict rules in order to prevent the foreigners from negatively affecting the domestic labour market. However, stricter the conditions are, the risk of law infringement is higher. For this reason, the main goal of the Czech legislation concerning the employment of foreigners should be the setting of effective rules in order to enable the state to benefit from the foreigner labour market, while simultaneously ensuring that there are adequate control mechanisms to prevent any infringements of the law. The aim of this thesis is to describe the Czech legislation concerning the employment of foreigners, to highlight the current problems and also the challenges for the future, to draw a comparison between the Czech and Australian legislation and to make further recommendations for the Czech Republic. This thesis is composed of four chapters. The first chapter is introductory and defines the basic terminology relevant to the topic such as...
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Employee privacy protection
Karlec, Jan ; Štefko, Martin (advisor) ; Morávek, Jakub (referee)
This thesis deals with the issue of privacy in the workplace. Employees expect to have some privacy at work, even when they are using the employer's equipment. On the other hand, employers need basic information about their employees and they have the right to know that work is being done properly and efficiently. Finding the balance between the interests of both sides is quite complicated and the disputes regarding privacy infringement in the workplace are often decided by highest courts. In concrete, this thesis deals with the processing of personal data in the employment context and with the surveillance of employees. The aim of this thesis is to provide a comprehensive overview of this issue and assess the current level of protection of privacy of employees in Czech Republic. The thesis is composed of nine chapters. The first introductory part of this thesis (chapters 2 - 4) describes the fundamental human right to privacy and personal data protection in general. Chapter Two characterises the right to privacy and chapter Three gives an overview of relevant legal sources. Chapter Four presents basic terms and principles of the processing of personal data under the Act No. 101/2000 Coll., on the Protection of Personal Data. The following chapter looks at collection of personal data before the...
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