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Security of persons with disabilities in the Czech Republic and EU
Janský, Pavel ; Zemanová, Jana (advisor) ; Morávek, Jakub (referee)
in english: Security of persons with disabilities in the Czech Republic and EU The persons with disabilities constitute a significant minority within Czech Republic as well as on a world-wide scale. The aim of this study is to present a comprehensive overview of security of persons with disabilities and is thus not only about the appropriate allowances. It starts with defining the concept of disability. There is also an analysis of the Convention on the Rights of Persons with Disabilities there. The invalidity pensions are the most important allowance for persons with disabilities within the Czech security system. Then there are also other allowances which can be granted to persons with disabilities within the Czech social security system such as mobility allowance ("příspěvek na mobilitu") as well as allowance for the special aid ("příspěvek na zvláštní pomůcku"). Within the third chapter there is also being mentioned the card for persons with disabilities as significant benefit for these persons. The above mentioned card should be distinguished from the so called card of social systems as the failed project of czech institutions. The last of the allowances for the persons with disabilities in the Czech Repulic is the care allowance ("příspěvek na péči"). Very important legal institution within...
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Sanctions for breaching the obligations within employment law relationships
Černá, Michaela ; Morávek, Jakub (advisor) ; Štefko, Martin (referee)
1 Summary Topic of this Master's thesis are sanctions for breaches of obligations of participants of labor law relationships. The first and the second chapter focus on the introduction into researched issue of legal sanctions. The author defines basic concepts which are relevant for the thesis. Then the author deals with the definition of the legal sanction and analyzes the relationship between the legal sanction and the legal liability. The author furthermore explains the basic behavior of the legal sanction and its significance. The third chapter follows on term definition from the first part of the thesis. It consists of brief interpretation of chosen private law sanctions in the labour law. It presents sanctions as nullity of legal act, relative inefficacy of legal act, limitation of actions and preclusion and liability. The main part of this thesis focuses on liability of employee for damage. The fourth chapter describes the division of labour law liability into different kinds. It also introduces the issue of liability for damage. In the fifth chapter the author introduces the employee liability in context of legal sanctions and a detailed explanation of the valid legal regulation of employee liability for damage. It focuses on the General Liability, Liability for Non-Fulfilment of the Duty to Prevent...
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Tools of the Active Labour Policy in the Light of Employment of Persons with Disabilities
Hanušová, Lenka ; Morávek, Jakub (advisor) ; Lang, Roman (referee)
Tools of the Active Labour Policy in the Light of Employment of Persons with Disabilities Abstract The Diploma Thesis "Tools of the Active Labour Policy in the Light of Employment of Persons with Disabilities" deals with the institute of the Active Labour Policy contained foremost in the Act No. 435/2004 Coll., the Labour Act. The first part of the Thesis outlines a wider context of the Active Labour Policy, especially its relationship to the right to work, to the Labour Policy as to its parent concept and to situation of the Disabled as in the Czech legal regulation and international documents. The second part describes and evaluates the legal regulation of individual tools, while the focal point is the possibility of their use in the employment of persons with disabilities. It deals not only with the tools specifically designed to support the employment of the Disabled, as the rehabilitation and the protected working places. It also pursues general tools of the Active Labour Policy, as e.g. the requalification, the investment incentives, the socially expedient working places and the shared employment mediation. The aim of this Thesis is to analyse individual tools and present a comprehensive picture of the employment of the Disabled issue. Its sources are i.e. the Labour Act and related legislation,...
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Illegal work and penalties for such work
Kmínek, Petr ; Morávek, Jakub (advisor) ; Hůrka, Petr (referee)
This thesis deals with selected issues of illegal work and its punishment, especially in terms of administrative offences. It focuses, in particular, on terminology related to illegal work, inspection activities of the labour inspection office and punishment of illegal work in administrative proceedings. The main reason why I have selected this topic is because I have been interested in labour law ever since I was studying it as a compulsory subject. There is a broad range of topics to choose from in labour law, but I have chosen the area of illegal work because of my previous experience from working in regional inspectorate of the State Labour Inspection Office, based in Ústí nad Labem, as this topic falls into its scope of authority. The main goal of this thesis is to provide a theoretical definition of illegal work, to describe the inspection procedure of employers and administrative procedure regarding the inspected entities. Furthermore, one of the goals of this thesis is to point out certain deficiency in current legal framework, especially regarding practical problems with the application of law. The prologue introduces the topic of illegal work, defines structure of this thesis and its mains goals. The thesis itself is then divided into four chapters. The first chapter focuses on dependent...
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Employment of persons with disabilities in the Czech Republic
Beneš, Josef ; Morávek, Jakub (advisor) ; Lang, Roman (referee)
Approximately every tenth citizen in the Czech Republic suffers from a disability. Persons with disabilities form a vulnerable group in the labour market, which is caused mainly by a lower level of their education. Therefore, it is important that legislation protects the disabled persons and encourages employers to their employment. Employing of disabled people is in the interest of entire society and also has an integrative dimension. The main objective of this thesis is to assess comprehensively the legal regulation of the employment of persons with disabilities in the Czech Republic, to reflect recent amendments to applicable legislation and simultaneously to verify the premise that these regulations are satisfactory and feasible in practice. The thesis consists of four parts. The first part focuses on the basic definitions and states in which aspects some similar terms are identical or different. Special attention is paid to the definition of a "disabled person" in all its major forms. The second part deals with international and European regulation, by which the Czech Republic is bound and with which the national legislation must be in accordance. The chapter focuses on a wide range of legal documents that give direction to Czech legislation and grant certain rights to disabled persons. The...
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Conception of compensation for bodily harm arose in performance of work
Novotná, Martina ; Hůrka, Petr (advisor) ; Morávek, Jakub (referee)
This thesis deals with the conception of compensation for bodily harm arisen from industrial injuries or occupational diseases. Recently, it was decided bodily harm of employees continues to be compensate by the employer under his objective liability for damages. The main aim of the thesis is to describe current legislation in the Labour Code and to compare it with the general bodily harm compensation legislation in the Civil Code. The thesis is divided into 7 chapters. The first chapter defines the concept of bodily harm and its specifics. The second chapter brings brief insight into the field of the international law, especially focuses on the conventions of the International Labour Organization which provides minimum standards of the compensation for industrial injuries and occupational diseases. In the third chapter follows short excursion into the European law, focused primarily on providing compensation to the migrant workers within the European Union. The fourth chapter describes historical development of compensation for bodily harm arisen from industrial injuries or occupational diseases in legislation since the Industrial Revolution until recent past. Fifth chapter is already fully focused on the main issue of this thesis - analysis of the current legislation of compensation for bodily...
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Manifestations of flexicurity in the creation and termination of the employment relationship in the Czech Republic
Röslerová, Tereza ; Hůrka, Petr (advisor) ; Morávek, Jakub (referee)
The theme and objective of this thesis is to assess legislation regulating creation and termination of employment with regard to the concept of flexicurity. The thesis draws attention to some elements of this regulation, pointing out its flexibility on one hand and protection aspects on the other hand, and offering some possible solutions according to intended law. At the same time the flexicurity concept as such is explained, as well as legislation regulating creation and termination of employment. This thesis is divided into five chapters, of which the key ones are the second, fourth and fifth chapter. The specific nature of labour law, the subject of labour law, principles applied in this branch of law, and the relationship between labour law and civil law are dealt with in the first chapter. In the second chapter is explained the concept of flexicurity and its components, namely flexibility and security, further division of those, and also described the Danish labour market model. The crucial term of this paper, flexicurity, arose as a combination of terms flexibility and security, or freedom and protection. Flexicurity is a modern concept or strategy of the labour market, which counts on a balanced combination of elements of protection and flexibility, both within the framework of labour law,...
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Working time in healthcare
Kopačková, Tereza ; Morávek, Jakub (advisor) ; Lang, Roman (referee)
This thesis with the topic Working time in healthcare makes an effort to deal comprehensively with the particular issues of the working time institutes, their application in healthcare and it alternatively point to some defiency in legislation. The regulation of the working time is one of the most important working conditions especially for the workers due to the fact that they spend more than one third of their day at work. In case of the healtcare workers it's even more than one third of their day. In first chapters I pursued regulation of the working time from the view of the international law, in concrete from the view of the Conventions of International Labour Organization. I focused more on the European Union regulations, especially on the Working Time Directive, because due to this directive there is no longer the institute of the on-call duty at workplace in czech legislation. The Directive also allowed to legitimize further agreed overtime work for healthcare works. In the third chapter I focused on the regulation of the working time itself. I analyzed the characteristics and compared the current wording with the definition in the Labour Code from the 1965. In the following chapters I analyzed the lenght of working time and its scheduling. I pointed out the differences between fixed, short...
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The comparation of the health public systems in the Czech republic and Austria
Šturcová, Michaela ; Štefko, Martin (advisor) ; Morávek, Jakub (referee)
Die beiden Systemen wurden auf die ähnliche Tradition gegründet. Diese Tradition hat seine Wurzeln in Österreich-Ungarn, die bis 1918 in der gleichen Zwischenraum ausgesetzt wurden. Ein weiterer Zusammenhang ist die geographische Beziehung. Die Gesetztformen in der beiden Staaten sind unterschiedlich. In der Tschechische Republik gibt es viele Sozialversicherungsgesetze, in den der jede Typ des Versichertes geregelt ist. In Österreich gibt es für den jeden Type des Versichertes ein Sozialversicherungsgesetz. Die beiden Systemen sind die gesetzlichen öffentlichen Krankenversicherungen. Das tschechische System ist postkommunisch und Österreich ist der korporatische konservative Sozialstaat. Es gibt die Umverteilung in den beiden Systemen, aber in Österreich hat ein Unterschied, weil auch die Umverteilung in der Anstaltspflege enthält. Die vergleichende Systeme der gesetzlichen Krankenversicherungen haben die gemeinsame ethische Grundsätze, die aber in Österreich mehr in den Gesetze geregelt werden. Dieser Fakt macht den Rahmen des Systemes der Krankenversicherung, das viel auf die Patienten sich konzetriert wird. Der Patient hat ein Recht auf aktive Beteiligung in diesem System und auch in der Behandlung. Ein großes Unterschied ist die Verfassungsschutz der Rechte im beiden Staaten. In Tschechien gibt es die...
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The liability for damages caused by work-related accidents and occupational diseases
Všetečková, Monika ; Morávek, Jakub (advisor) ; Vysokajová, Margerita (referee)
This diploma thesis deals with the employer's liability for damages caused by work-related accidents or occupational diseases of his employees. The reason for choosing this topic was partly because of the author's experience with the assessment of work-related accidents in legal proceedings, partly due to the high- frequency of work-related accidents and also the fact, the results of work-related accidents and occupational diseases not rarely cause a long-term adverse repercussion in real life of an employee. The main point of this thesis is to analyse elements of stated employer's liability for damages. Using the case law, detailed analysis of the concept of work- related accidents is performed in the same chapter. There are analysed specific situations with conclusions if the injury can be evaluated as an work-related accident or not. Besides work-related accidents, occupational diseases and other elements of liability, this chapter deals with the possibility of an employer to be absolved from any liability as well. Case law concerning the absolution from liability is also included in this chapter. The essential part of this thesis is also the enumeration of employer's obligations connected to the fact his employee has suffered a work-related accident or an occupational disease. The most...
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