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Notice of termination of employment
Mandík, Zdeněk ; Štefko, Martin (advisor) ; Procházková, Eva (referee)
71 Název diplomové práce v anglickém jazyce Notice Abstract This thesis is aimed to describe notice in Czech Labour Code, which is effective from January 1st , 2007. The thesis analyses the differences between contemporary Labour Code and previous Labour Code from year 1965 and compares Czech Labour Code with comparable codes in EU countries. The aim is to consider, whether the regulation of notice is well-arranged and at once flexible (mainly for employers) and protects the employees. Finally, the thesis compares regulations of liability in former Labour Code and new Labour Code. The thesis is composed of six chapters. Chapter One is introductory and describes the aims of thesis and basics of employment. Chapter Two is focused on sources of law related to notice, including historic sources of law in Bohemia and Czechoslovakia, International Public Law and international organizations, EU labour law, Czech labour code and its changes (i.e. so-called technical amendment, judgment of the Constitutional Court and new prepared so-called conceptual amendment). Chapter Three is focused on regulation of notice as amended. It's divided into nine parts, which deal with reasons of notice served by employer, notice's form and delivering, grounds of termination, notice periods, withdrawal of notice, trade union...
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Notice of termination of employment
Odvářková, Alice ; Štefko, Martin (advisor) ; Hůrka, Petr (referee)
69 Summary The termination of the employment relationship In my thesis concerning labour law I focused on the problems of the termination of employment contracts. The theses is devided into 13 chapters. After a brief exposition of terminating an empoyment contract and a chapter about contractual freedom I concentrated on analysis of legal regulations of the termination of employment contracts. The termination of an employment contract is an unilateral legal operation, which heads towards terminating an employment contract after the expiration of the term of notice. One party of an employment contract may expresses its own will to terminate an employment contract regardless of the attitude of the other party. Written form, delivering into the hands of the other party and an exact, not interchangeable reason of discharge are substantial requisites of the notice. Legal implications of the notice shall come into force after expiration of given time, named the term of notice. The term of notice is of an equal length for both the employee and the employer and it makes at least two months. Employees shall have the right to terminate contracts for whatever reason or even without giving any reason. An employer is bound by many restrictions, whose aim is to protect the employee against any illegitimate discharge. I...
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Working hours, their duration and structure
Štellová, Kateřina ; Štefko, Martin (advisor) ; Hůrka, Petr (referee)
91 RESUMÉ WORKING TIME, ITS PERIOD AND ALLOCATION Working time is one of basic institutes of a labour law, which influences most people mainly if these people are at the same time subjects of the employment relationship (i.e. they are employers and employees). Almost everyone will imagine the sense and content of the concept of "working hours", even if it can be a little something else for everyone, however all people coincident on substantial of meaning. Question of working hours is possible to deal with from different standpoints. These are mainly psychological, economic or sociological aspects, but the aim of the thesis is a view of working hours in terms of law. The thesis certainly cannot deal with all aspects and relations which are related to working time. The purpose of my thesis is to analyse the most important and often questionable and problematic matters of working time, which can occur in practical life in connection with it. The first passage of my work describes history of working hours. The goal of the passage is to show how difficult way the labour law institute had to undergo before it got a contemporary form. I mention a contemporary, so far only few years valid, Labour code and reasons and necessity of its accepting. Further, of course, I focus on a law delimitation of working time and...
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Changes in organization and its employment consequences
Ptáčková, Petra ; Peřina, Pavel (referee) ; Štefko, Martin (advisor)
91 ABSTRACT Title: Organizational changes and their labour-law results The title of my diploma thesis indicates that my work is focused on changes in organization (business, undertaking) and their consequent results for the employers and their employees. I have chosen this issue as I regard it as being topical and interesting. The purpose of my thesis is to show why organizations carry out restructuring, in which ways they perform them, who decides about them, how the organizational changes in- fluence the employment relationship and to describe social protection of employees affected by organizational changes. The thesis is divided into three parts. The main analysis of my work is concen- trated in the second part which is subdivided into four capitols. In the first capitol I shortly explain the terms organization, organizational struc- ture and especially organizational change. Firstly, I generally describe an organizational change as a reaction to external influences (for example new facts in global economy) and also as a reaction to current changes in the organization. I try to illustrate that or- ganizational changes could be perform either inside an organization (so called "internal changes") or they could extend its scope (so called "external changes"). Secondly, I define both types of changes in...
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Prohibition of discrimination on grounds of gender in employment
Machačová, Kateřina ; Koldinská, Kristina (advisor) ; Štefko, Martin (referee)
- 111 - PROHIBITION OF DISCRIMINATION BASED ON SEX IN LABOUR-LAW RELATIONS This diploma paper deals with the prohibition of discrimination based on sex in labour-law relations. Its main objective was to present a comprehensive construction of legal regulation of equal treatment and equal opportunities for men and women both in the legal order of the Czech Republic and in the law of the European Community ("EC") and in public international conventions. The thesis opens with the explanation of general framework of the subject, it especially analyses the notion of equality and various approaches to this concept. Further on, the paper focuses on the demonstrations of unequal chances of men and women on the employment market, as well as on the historical aspects of women's status in society. Quite an extensive part of the presentation is dedicated to the definition of the fundamental concept of discrimination, its particular forms (above all the conception of direct vs. indirect discrimination) and exceptions to the principle of equal treatment. The explication is primarily based on definitions contained in the European directives (to the implementation of which the Czech Republic as a Member State of the EC is obliged), as well as on the relevant judicial decisions of the European Court of Justice ("ECJ"). The...
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Posting employees within the provision of services
Kotrčová, Šárka ; Štefko, Martin (advisor) ; Procházková, Eva (referee)
76 POSTING OF WORKERS IN THE FRAMEWORK OF PROVISION OF SERVICES RESUMÉ This thesis deals with posting of workers in the framework of provision of services. As I had considered this subject-matter to be topical and very useful for every undertaking in the European Community I decided to analyze current legal background of this area both at the European level and at the Czech level. The aim of this paper is to provide with an overview on the current situation, reveal the lacks of the legislation, eveluate the effectivity of the regulation, make suggestions of improvement and illustrate a possible development in this area in the future. A sufficient part of my thesis is focused on the comparison of the Czech and Belgian legislation concerning posted workers and their work conditions. The paper is divided into six chapters. The first chapter makes an introduction into the topic of posting workers. Chapter two explains the basic principles of free movement of services within the European Community of which the posting of workers is an integral part. The basis of the thesis is then the third chapter which is directed on the European directive concerning posting of workers itself. This chapter defines the basic terminology of the directive, introduces the scope of its application, minimum work conditions, position...
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Personnel management and its legal regulation
Stabrynová, Michaela ; Peřina, Pavel (advisor) ; Štefko, Martin (referee)
93 Summary: Human Resources Management and its legal regulation The purpose of my thesis is to analyze the management of human resources from the general point of view and its legal regulation in the Czech Republic with the focus on recruitment and current aspects of reduction and redundancy of employees. It also aims to reveal the main problems and minuses in the law firms while recruiting the new employees and to suggest suitable solution to avoid them. The thesis is composed of seven chapters. Chapter One is introductory and describes the whole topic of the thesis and its particular parts. Chapter Two deals with the general description of the Human Resources Management and shows the main responsibilities of the Human Resources department and management. Chapter Three is about the history and development of Human Resources Management conceptions and points out different approach to personnel work within the last centuries. The main purpose of ChapterFour is to identify the main features of the European Human Resources Management. Chapter Five outlines the main goals and objectives that Human Resources Management focuses on and gives an overview on particular personnel activities. This chapter is subdivided into nine parts. Each part reviews (more or less in detail) a specific Human Resources activity. The...
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Working hours, their duration and scheduling
Králová, Markéta ; Procházková, Eva (advisor) ; Štefko, Martin (referee)
WORKING TIME, ITS DURATION AND ALLOCATION SUMMARY Working time is relevant working conditions. For employee and employer are legal regulations of working time, its duration and allocation very important. The life of employee is impressed with regulation and concrete used form of working time, because working time is closely linked with rest time. The employees are in labour relation the inferior side that is why the labour code guarantee against employers by peremptory rules. Legal regulation of working time is arranged in fourth part of act Nr. 262/2006, labour code, which is effectual from 1.1. 2007. Legal code contains legal regulation of general provisions of working time and its duration, of allocation of working time, of lunch break and safety break, of rest time, of nightwork, of overtime, of working preparedness and of joint provisions of working time and one last of enabling clause. The new labour code reinforce expressively the principle of liberalization. Labour code extend liberty of contract of participants of labour relation. The employers can schedule working time of employees more flexible. Juridical institute of flexible rate working time was established. Conception of working time was extended. Now working time is time in which the employee must work for employer, and time in which the...
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