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Internal Regulations of an Employer
Ulcová, Jana ; Vysokajová, Margerita (advisor) ; Štangová, Věra (referee)
Internal regulations of an employer This diploma thesis discusses internal regulation (also called directive, guideline, code, instruction etc.) which is an internal normative act of an employer regulating rights and obligations of its employees. This topic belongs to important aspects of labor law. It is an interesting material for studying in theory and often used and discussed phenomenon in practice. For these reasons, I decided to dedicate my diploma thesis to internal regulations. The first chapter provides the theoretical basis for the analysis of internal regulations. Therefore is describes the labor relations and their bodies including the rights and obligations that are part of such relationships. Equally important part of this scientific base is the term of normative legal act and legal acts, immediately connected with the nature of internal regulation. The second chapter deals with definition of internal regulation, which is not present in the law. That is why the way to the definition leads through literature and case law and includes meeting of several key characteristics on which should be based further interpretation. Next step in analysis of the topic is the third chapter which explores sources of law and its development. Regarding the sources of internal rules, it is limited to the Labor...
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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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Employment of persons with a health handicap
Zelený, Lukáš ; Vysokajová, Margerita (advisor) ; Štangová, Věra (referee)
- Employment of persons with disabilities I have decided for my thesis topic employment of persons with disabilities for several reasons. On the one hand I have been interested in standing of individuals with health disabilities on labor market and their possibilities of employment, on the other hand the approach of state to employment of these people, methods of legal regulations and particular measures in employment sector which should achieve equal opportunities and support their employment. The whole study is divided into four individual blocks with corresponding names of chapters. In the first chapter, I describe in detail explanation of word "individual with health disability" firstly in international and European context, afterwards legal definition of individuals with health disabilities in Czech law. For better understanding contemporary legal state, there is briefly in the second chapter described the development of Czech legal regulations of individuals with health disabilities and the approach to their employing. In the third chapter I go back to contemporaneousness and mention all the relevant sources of international law imperative for the Czech republic, sources of European Union law concurring analysis of Czech ordinary legal regulations relating to employment of allotted category...
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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 Agreements on Work Performed Outside of Employment
Stárková, Taťána ; Štangová, Věra (advisor) ; Vysokajová, Margerita (referee)
The Agreements on Work Performed Outside of Employment The aim of my thesis was to summarize the current and former legislation of legal relations established by the Agreements on Work Performed Outside of Employment. I focused my work on private law legislation, especially on the area of labour law and also on the public law legislation, such as social security law and tax law. By using the analytical method of research of the above mentioned, I concluded to what extent is such institute still needed and what possible changes shall the legislator consider to reflect the best the current needs of the society. To examine the legal situation, it was necessary to summarize the relationship between civil and labour law and also to define certain terms closely related to the institute of Agreements on Work Performed Outside of Employment in the first and second part of my thesis. Such terms include especially the notion of dependent labour and dependent activity as well as the notion of employment itself. The next part of my work discusses the history of legislation of both types of the Agreements on Work Performed Outside of Employment. The fourth part of the thesis deals with the analysis of the up to date legislation governing this institute. Finally the work also refers to application problems that...
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Equal Opportunities for Men and Women in Labur-Law Relationships
Sochorová, Petra ; Vysokajová, Margerita (advisor) ; Štangová, Věra (referee) ; Brádlerová, Libuše (referee)
The dissertation deals with the provisions of law applicable to equal opportunities of women and men in labour-law relationships. In this context, it mainly focuses on employment laws; Act No. 198/2009 Coll. on equal treatment and on legal remedies against discrimination and on amendment of some other acts (the Discrimination Act); and other related laws and regulations applicable in this area. The dissertation is divided into nine main chapters. Its core is comprised of chapters 4 through 8, which contain a detailed analysis of the statutory provisions governing the equal opportunities of women and men in employment in Czech laws, EU laws, and international treaties. Chapters 1 through 3 offer a general introduction to the domain of equal opportunities, while chapter 9 summarises the conclusions and findings of the dissertation. The first chapter explains why the dissertation deals with equal opportunities of women and men in labour-law relationships, and highlights the importance of this issue in international law and in the EU's social policies. This chapter also underlines the extraordinary community-wide significance of this issue. The second chapter contains an analysis of the basic terms used with regard to equal opportunities of women and men in labour-law relationships, and explains the...
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Labour-law consequences of violation of employment duties by employee
Španvirtová, Nikol ; Pichrt, Jan (advisor) ; Štangová, Věra (referee)
The aim of this thesis is to present a systematic overview of the legal instruments that the Labour Code provides to employers against employees who breach their duties. It is the societal interest that the obligations have been followed, and so it is in the labour process. By each breach of working obligations undesirable loss may arise to employers, notwithstanding on a possible overall decrease in the labor moral on the workplace. The Labour Code does not contain a definition of violations of duties, therefore a large role in its evaluation plays a judicial practice. Therefore much of this thesis is based on case-law. The thesis consists of four chapters, which are further divided into subchapters and parts. The first chapter describes the various sources from which duties of employees during the working process can occur - legislation, contracts, internal regulations of employer and instructions of the employer or the employer's senior staff. The second chapter deals with the obligations of employees that are required to comply with. At first, attention is paid to the obligations that apply to all employees without exception, then further there are discussed specific responsibilities of senior employees and employees who provide state administration and self-government. From the very specific...
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Discrimination on the grounds of sex and its prohibition
Bartoňová, Anna ; Vysokajová, Margerita (advisor) ; Štangová, Věra (referee)
77 Summary The topic of this thesis is discrimination on the grounds of sex and its prohibition. The purpose of my thesis is to analyse and evaluate historical and present level of legal enactment of the equality between men and women and prohibition of discrimination. I focused on the law of EU, relevant documents of International law and on the legal order of the Czech republic. The thesis is composed of five chapters, Chapter One is introductory and defines basic terminology used in the thesis like equality and types of discrimation. The chapter Two examines relevant international agreements and other documents, chapter Three focuses on legal enactment of equal treatment and prohibition of discrimination in the primary and secindary law of EU, together with the relevant case law of the Court of Justice of the EU. The chapter Four is dedicated to the relevant Czech legislation, followed by chapter Five which provides an outline of relevant Czech case law, and level of legal protection against discrimination in effect.
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Legal acts directed at the termination of employment
Remeň, Vojtěch ; Štangová, Věra (advisor) ; Vysokajová, Margerita (referee)
The aim of this thesis is to describe and evaluate the current legal system of legal acts aimed at termination of employment. I draw attention to shortcomings in the current legislation and propose solutions. The first chapter focuses on the development of labour law. In describing there are searched historical connections that created and formed the labour law, its various institutes and its relationship to civil law. The second chapter deals with the legal acts in general and the employment relationship. This part defines what a labour act is and what are its elements, which sets its non-validity, consequences of invalidity and particulars of employment. The third chapter is a general introduction to the very issue of legal actions aimed at termination of employment. In the fourth chapter there are defined the legal requirements of agreement and its applicability in the present time. The fifth chapter deals with the notice and its requirements, especially legal reasons and statements of the time. The chapter is divided into two parts according to the subject which determines employment unilaterally. The first part describes the notice of the employee and the second is focused on the notice of the employer. The second is further divided into two subchapters. The first section describes the...
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Social security of women during pregnancy and maternity
Mateová, Martina ; Štangová, Věra (advisor) ; Vysokajová, Margerita (referee)
Social security of women during pregnancy and maternity The purpose of thesis is to analyse social security of women during pregnancy and maternity in the current legislation. The thesis is composed of introduction, main part and conclusion. The main part is divided into six chapters. Chapter one describes historical development of social security of women during pregnancy and maternity in the Czech republic. Folowing two chapters focuse on social security of pregnat women and parents of small children in connection with membership of the Czech republic in international organisations and the European union. Chapter four characterises system of sickness insurance and benefits that are provided in case of maternity (maternity benefits, pregnancy and maternity compensation benefits, sick pay, care benefits). Chapter five analyzes system of state social support with benefits provided to pregnant women and parents (parental allowance, birth grant, child allowance). Last - sixth chapter complements the subject of the thesis with protection of pregnant women and parents with small children in labour-law. Conclusion summs up social security of women during pregnancy and maternity. Social benefits are above standarts and system is functional. Drawback is seen in wrong understanding of system by some parents...
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