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Agency employment
Závozda, Lukáš ; Vysokajová, Margerita (advisor) ; Štefko, Martin (referee)
The topic of the thesis is agency employment. Due to its flexibility and the current situation on the Czech labour market struggling with a labour shortage, agency employment is a frequently used and necessary part of the Czech legal system. In the Czech legal regulation of agency employment, however, we find a number of problematic areas, as a result of which, among other things, the rights of employees temporarily assigned by employment agencies may be jeopardized and insufficiently ensured, or, on the contrary, entrepreneurs operating employment agencies may be unnecessarily burdened. The main goal of this diploma thesis is to describe the problematic aspects of the Czech legislation in the field of agency employment with an emphasis on the legal regulation of the establishment and operation of employment agencies and selected frequently violated or problematic obligations in the field of agency employment relations, in relevant cases to compare these problematic aspects with foreign legal systems and propose a possible corresponding amendments to the Czech legislation. The diploma thesis is divided into six main chapters, which are further divided into individual subsections. The first chapter deals with the general characteristics of agency employment and further briefly describes the subjects...
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Part-time jobs in the Czech Republic and in the Federal Republic of Germany
Fiřtíková, Kristýna ; Tomšej, Jakub (advisor) ; Štefko, Martin (referee)
Part-time jobs in the Czech Republic and in the Federal Republic of Germany Abstract This diploma thesis deals with the legal regulation of part-time jobs in the Czech Republic and in the Federal Republic of Germany. It is a labour law institute which helps to coordinate the personal life and work life of employees. It is also known as the concept of work-life balance. The other institutions following the same purpose are e.g., home-office or flexible working hours. Although it's demand in the countries of the EU, including the Czech Republic, is rising, it's still not widely used in the Czech Republic. The diploma thesis takes a closer look at the legislature of part-time jobs in both countries and then compares these legal regulations. Purpose of this thesis was to verify or refuse the hypothesis, whether the Czech legislature is as conservative and insufficient as it is portrayed in the media and by the common public. Focus of this thesis was also to evaluate the German legal regulation and assess whether any labour law institutes regulated in German legal regulations are a suitable inspiration for the Czech legislator. From the overall analysis of presented legal regulations was ultimately confirmed the hypothesis that the Czech legal regulation is insufficient, outdated and specially does not...
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Occupational Health and Safety Coordinator
Šumová, Valentýna ; Štefko, Martin (advisor) ; Tomšej, Jakub (referee)
1 Occupational Health and Safety Coordinator Abstract This thesis is focused on the legal view of the health and safety coordinator on construction sites. This topic is a very specific area of occupational health and safety falling within the field of labour law. Its importance lies mainly in the high risks of working on a construction site due to the complexity of the construction works and the serious consequences that arise if health and safety is underestimated. The aim of this thesis is to comprehensively summarize the function of the OHS coordinator on a construction site, their activities and the activities of other persons involved in ensuring health and safety on construction sites. The thesis begins with an introduction and ends with a conclusion. The core of the thesis is divided into 7 chapters, where the first of them discusses the general legal regulation of occupational health and safety in the Czech Republic. The next chapter deals directly with the person of the coordinator, who can become OHS coordinator, which requirements a person must meet for this position and how the examination of professional competence for the activities of the OHS coordinator is conducted. The third chapter focuses on the other persons on the construction site, i.e. the contracting authority and the contractor and...
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Employer's obligations in sickness and pension insurance
Lopreisová, Iveta ; Lang, Roman (advisor) ; Štefko, Martin (referee)
Employer's obligations in health/social and pension insurance Abstract This master thesis is diving in the problematics of obligations of employer with focus at obligations in health and retirement/social insurance. As it is important and wide topic, frequently discussed lately as for obligations of employer during pandemic times, when more and more obligations and requirements are imposed on employer's shoulders. In the first and second part thesis is more focused on background of those obligations and historical development. Third part is designated to health insurance and differentiation of particular obligations of employer, start and end of those, and splitting them according to scheme of Ministry of Social security to groups of obligations: related to registering of employees to all necessary registers, cooperation with local authorities on field of social security, recording all necessary information, archiving reports for legal period, obligations in connection to application for benefits. At the end of the third part there is more space given to specified benefits - sickness, paternity, maternity, compensatory allowance in pregnancy and during maternity, quarantine and payments for taking care of children or other related persons that need care and fall under definition. The whole third part also...
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Mediation and its use in labour relations
Silovská, Gabriela ; Tomšej, Jakub (advisor) ; Štefko, Martin (referee)
67 Mediation and its use in labour relations Abstract In this thesis I deal with the issue of mediation and its use in the labour relations. Mediation is one of the alternative ways of dispute resolution, as the labour law is a sphere in which disputes often occur, and it is therefore desirable to look for other effective ways of resolving them than court proceedings. For this reason, in my thesis I focus on the institution of mediation and the possibilities of its use in the field of labour law. I focus primarily on the use of mediation in employment relations of an individual nature and reflect on its legal regulation in Act No. 202/2012 Coll. In the first chapter, I provide a detailed description of mediation, its objectives, and principles. This is followed by the description of historical development in the world, in Europe and in the Czech Republic. Then I discuss the legal regulation, describe mediation trends, and list the areas in which mediation is applied. The second chapter is devoted to labour disputes. As a criterion for their division, I use the labour relationships because of them employment disputes arise. The chapter is thus divided into labour disputes of a collective nature and labour disputes of an individual nature, supplemented by possible ways of resolving them. The last chapter...
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Performance of dependent work through digital platforms
Hanzal, Vojtěch ; Štefko, Martin (referee)
PERFORMANCE OF DEPENDENT WORK THROUGH DIGITAL PLATFORMS ABSTRACT This thesis discusses the issue of work performance through digital platforms, especially regarding whether it is possible to classify such activity as "dependent work", particularly with regard to the laws of the Czech Republic. The thesis responds to the current legal "vacuum" surrounding the performance of work through digital platforms and the legal status of persons who perform such activity (referred to in the thesis as workers). The mentioned legal "vacuum" stems primarily from the absence of sufficient legal regulation in the given area and the "unconventionality" of such a way of performing work. Digital platforms describe their workers as independent entrepreneurs, and this practice is quietly tolerated by the Czech Republic (e. g. administrative authorities). However, there can be more than reasonable doubts about the veracity of such proclamation. Therefore, the thesis firstly analyzes the characteristics and conditions of dependent work according to the laws of the Czech Republic, which are then applied to the reality of the performance of work through digital platforms. Due to the number of their types, as well as the various systems that the platforms implement, three representatives were chosen for the purposes of this thesis,...
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Family policy and social security in view of families with dependent children
Hobzová, Dana ; Koldinská, Kristina (advisor) ; Štefko, Martin (referee) ; Šimečková, Eva (referee)
Family policy and social security in view of families with dependent children Abstract The thesis focused on a part of a family policy dedicated to families with dependent children. In the Czech Republic there are the families with children in an age to 26 years. The thesis analyses a system of family policy and social security in the view of families with dependent children in the Czech Republic and in some of European countries. In total there are 19 countries there which were analysed (including a Czech system). The main emphasis was laid on an analysis of the system of social security of the families with dependent children in the Czech Republic in view of their financial support for a state and as well as of a social security of parents in view of labour law instruments helping to find a balance between a family and professional life. A significant part of the thesis is an analysis of the social security of the families with dependent children in four model groups of European countries, which were formed in a base of a typology of a welfare state created by a Danish sociologist and political scientist Gøsta Esping-Andersen. It wasn't possible to engraft this typology on states of an "eastern European" countries and for that reason was applied a theory of "families of nations" which was created by an...
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The main principles of the development of pension insurance in the territory of today's Czech Republic from the end of the 19th century to the present
Hrdý, Milan ; Štefko, Martin (advisor) ; Fischerová, Iva (referee) ; Lang, Roman (referee)
The doctoral dissertation "The main principles of the development of pension insurance in the territory of today's Czech Republic from the end of the 19th century to the present" deals with the issue of the historical development of pension insurance in the territory of today's Czech Republic from the end of the nineteenth century to the present. The main principles of the development of the pension system in the given period were identified and the analysis was performed mainly in terms of the personal and material scope of insurance, insurance obligations and briefly also in terms of the organizational security of the pension system. This analysis was carried out in four selected periods, in the period before the establishment of the independent Czechoslovak Republic, in the period from 1918 to 1945, in the period from 1945 to 1992 and from 1993 to the present within the independent Czech Republic. At the end of the work, the relevant findings from this historical development were summarized and with their use the author's own proposal for the development of the pension insurance system in the Czech Republic in the future was presented. The stabilized material and personal scope of the pension insurance must be maintained, as well as high-quality of the procedural security, including a sophisticated...
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Non-discrimination and equal treatment in Employment relationships in the Czech Republic and in selected EU countries
Hájková, Michaela ; Bělina, Miroslav (advisor) ; Fischerová, Iva (referee) ; Štefko, Martin (referee)
Non-discrimination and equal treatment in Employment relationships in the Czech Republic and in selected EU countries Abstract Principles of equality, respectively equal treatment and prohibition of discrimination, are prominent in public discourse as well as in practical life, specifically in relationships between employees and employers. It is typical that these principles and their precise content and scope may vary in accordance with cultural, local and historical contexts. In the Czech Republic, arguments relating to equal treatment and prohibition of discrimination in employment relations are not very often heard and resolved by courts; that however does not mean that problems relating to unequal treatment or discrimination would be absent. Employment laws are in many respects driven and influenced by European Union law; ban on discrimination is subject to regulation by a number of Directives, which each Member State must transpose into its national legal framework. When these national laws are interpreted and applied, the primary concern must rest in maintaining consistency with the original regulation while considering any relevant case law passed down by the Court of Justice of the European Union. For the same reasons, it may be interesting to compare, from legislative standpoint and in application...
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Obligations of the employer in terms of occupational health and safety with focus on personal protective equipment
Opacká, Tereza ; Štefko, Martin (advisor) ; Morávek, Jakub (referee)
Obligations of the employer in terms of occupational health and safety with focus on personal protective equipment Abstract The thesis deals with obligations of the employer in terms of occupational health and safety with focus on personal protective equipment. The main aim of the thesis is to analyse applicable legislation of occupational health and safety that was (and still is) under examination due to COVID-19 pandemic. Further goal is to analyse if the legislation is sufficient, unequivocal or if the pandemic showed some deficiencies which should be amended. The first part primarily introduces the issue of occupational health and safety in terms of labour code. It continues with analysis and summarization of individual obligations of an employer as well as rights and obligations of an employee. This section then also considers the legislation of occupational health and safety in relation to employment agencies and their employees. The second part contains European and domestic legislation of personal protective equipment and subsequent case law. One chapter attempts to summarize practical information about procedure of classification of risks and how to subsequently create a list of personal protective equipment based on such procedure. Another chapter of this part then summarizes financial side of...
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