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Personal rights of employees
Pour, Zdeněk ; Morávek, Jakub (advisor) ; Hůrka, Petr (referee)
73 Abstract Thesis title: Personal rights of employees This thesis deals with personal rights of employees, particularly it aims at issues associated with privacy rights, secrecy of correspondence and personal data protection. It is a very relevant and dynamically developing branch of labour law linked to the development and expansion of the application of modern communication technologies in all areas of human activity. The thesis itself consists of four main chapters. The first chapter discusses personal rights of employees as a category of basic human rights. It analyzes elements from which the personality rights consist of, i.e. which partial rights are included and what are their relations with each other. Simultaneously, this chapter examines all of the main relevant laws, which apply on the issue in question, in descending order determined by their legal force. The aim of the second chapter is to analyze section 316 of the Labour Code which is the main provision that governs monitoring of employees at work, particularly its admissibility, conditions and information duties of an employer. This chapter also deals with the interpretation of the admissibility or inadmissibility of concealed surveillance and the weakness of the current legislation which is caused by the lack of sanctions for breach of...
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Monitoring of employees during work
Holsteinová, Lenka ; Morávek, Jakub (advisor) ; Štefko, Martin (referee)
THE MONITORING EMPLOYEES AT WORK The thesis deals with the legal protection of privacy and property in connection with the employees monitoring. The legal practice solves this problematic area in a different ways, which makes this topic highly actual. The thesis is composed of six chapters, each of them describes important aspects of the employees monitoring. First two chapters are introductory and define basic terminology and legal principles related to the personal data protection. Chapter Three focuses on the privacy as a fundamental human right and points out the issue of the confrontation with other values. Possibilities to enforce the right of privacy are outlined in the last part of this chapter. Chapter Four examines relevant Czech legislation concerning employees monitoring and personal data protection in labor law relations. The means of employees monitoring are analyzed in Chapter Five, which is subdivided into five parts - camera surveillance systems, correspondence confidentiality, internet use, GPS localization and biometric identification and authentication. Chapter Six seeks to describe the relevant Czech case law and illustrates the approach to decision-making by the administrative authority. The thesis strives for the brief analysis of employees monitoring in terms of generally binding...
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Professional sport and its legislation
Hejl, Filip ; Štefko, Martin (advisor) ; Morávek, Jakub (referee)
Professional sport and its legislation I choose this topic for its currency and for in my opinion ignored need of solving problems mentioned in the thesis. In scope of this thesis I tried not only to assess legal status of individual and collective professional sportsmen or in other words of performance of their activity on professional level, but I also tried to solve chosen problematic points resulting from the confrontation of professional sport activity and strict provisions of Czech law (in particular Labour Code), by which the performance of sport activity and related legal relations are governed. Thesis is systematically divided into four chapters besides the introduction and conclusion which contains other subchapters. These subchapters specify topics contained in chapters. First chapter is the introduction to the topic devoted to reciprocal relation of sport and law. In this chapter I deal with the term "sport" and its possible definition from the law point of view and its basic organization and division in general. There is also one subchapter dedicated to act on support of sport. In second chapter I deal with the performance of sport activity by individual professional sportsman in detail and with two possible options of its inclusion into law. New Civil Code is also reflected here....
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Comparational analysis of termination of employment - CZ vs Germany
Formánek, Peter ; Štefko, Martin (advisor) ; Morávek, Jakub (referee)
Zusammenfassung Das Thema dieser Diplomarbeit ist die Beendigung des Arbeitsverhältnisses - Vergleich der Rechtsregelung der Tschechischen Republik und die Bundesrepublik Deutschland. Die Arbeit gliedert sich in fünf Teile, die verschiedene Möglichkeiten der Beendigung des Arbeitsverhältnisses durch den tschechischen und deutschen Gesetzgebung behandelt, und befasst sich detailliert um einzelnen Kündigungsgründe in beiden Rechtsregelungen. Zwischen arbeitsrechtliche Rechtsregelungen beiden Nachbarländern, der Tschechischen Republik und der Bundesrepublik Deutschland gibt es auf einer Seite erhebliche Unterschiede, die sich aus wesentlichen Teil aus der unterschiedlichen rechtlichen und historischen Entwicklung ergeben. Auf der anderen Seite kommt es in der Einigung Europas zur Angleichung der Rechtsvorschriften der einzelnen Staaten, die sich im Bereich des Arbeitsrechts zum Ausdruck kommt. Obwohl sich das Arbeitsrecht ständig weiterentwickelt, behalt sich in jedem Staat seine Individualität, angesichts der Situation des Landes. Derzeit ist die Bundesrepublik Deutschland ein wichtiger Wirtschaftspartner der Tschechischen Republik. Angesichts der Existenz von internationalen Wirtschaftsunternehmen, Arbeitsmigration und grenzüberschreitende Beschäftigung, es ist praktisch, einen Überblick über die...
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Agreements to work outside the scope of employment
Běťáková, Anna ; Hůrka, Petr (advisor) ; Morávek, Jakub (referee)
57 Abstract Agreements to Work Outside the Scope of Employment The present thesis deals with the topic of agreements to work outside the scope of employment, an institute of the Czech Labour Law which constitutes, along with the employment agreement, one of the basic labour law relations. The aim of the thesis was to present and describe the institute of the agreements to work outside the scope of employment in order to determine their place within the Czech labour law and whether they are still a useful form of employment. The thesis is divided into seven parts. The first part deals with the general theme of labour law relations, with the relation of labour law to civil law as well as with the public law limitations of contractual freedom in labour law relations. The second part of the thesis concerns the history of the agreements to work outside the scope of employment and the changes the institute went through since its introduction to the Czechoslovak and later Czech law. This part further focuses on the compliance of the agreements to work outside the scope of employment with the European labour law. The third part of the thesis serves to approach the contents of the institutes of dependent work and employment agreement, in order to better distinguish and compare the agreements to work outside the...
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Renumeration in the civilian part of the public administration
Čadská, Silvie ; Hůrka, Petr (advisor) ; Morávek, Jakub (referee)
Resumé English In this thesis Remuneration in the civilian part of the public administration there is described the development of remuneration in the Czech Republic since the fall of communism. The greatest emphasis is placed on the current salary adjustment. By the form of the analytical method there are described conditions determining salaries and above salary institutes, which distort the current setting of the system functioning since the introduction of the new Labour Code in 2006. Due to legislative changes since 2011, there was some interference with the adjustment of remuneration that is not fully compatible with the system settings or more strictly adjusted by law. The Czech Republic is still struggling with high levels of corruption, and cannot always prevent scandals associated with the remuneration of senior civil servants, which come up (among others) to wasting finances from the state budget. Partial method used in this thesis was the use of a comparison with European Union member states, especially the Federal Republic of Germany, the Kingdom of Belgium or Republic of Austria. The thesis author found that the fundamental problems of remuneration adjustment in the civil part of the public administration lie in the absence of the Civil Service Act and in connection therewith the jobs...
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Consequences of invalid legal acts in labour law
Řehořová, Lucie ; Morávek, Jakub (advisor) ; Štefko, Martin (referee)
Legal acts represent the basis of every legal relationship. In accordance with the principle of autonomy of will, legal entities are entitled to form their legal relations while being bound by their legal consequences. The topic of my thesis presents the consequences of invalid legal acts in the context of labour law. The subject matter of my research is legal acts in labour law with overlaps to civil law, which, after the recent recodification has gained a new look. The reason why I have chosen this particular topic is because it is presently very controversial and also complicated. At the moment it is one of the most discussed topics in the area of labour law. The adoption of the New Civil Code particularly affected labour law in the field of legal acts and consequences of their defects. Legal regulation of the mentioned issues was transferred from the Labour Code to the New Civil Code and labour law affected terminological change as well as the establishment of new institutes. The most important change remains the amendment of the criteria of the invalid legal acts and their consequences. The thesis is conceived as detailed and comprehensive analysis of the consequences of invalid legal acts in the context of labour law. The emphasis is placed on the current legal conditions (effective from...
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The transfer of rights and obligations arising from employment relationship
Kůsová, Šárka ; Štefko, Martin (advisor) ; Morávek, Jakub (referee)
The thesis focuses on regulation of transfer of undertakings in the European Union and Czech law as defined by the Directive 2001/23/EC, the so called Acquired Rights Directive. Transfer of undertaking is a term used in labour law to describe a situation of change of employer as a result of legal transfer or merger. The aim of this thesis is to analyse the EU and Czech legal regulation of transfer of undertaking, especially with respect to the case law, its employment consequences, to mutually compare both regulations and finally to examine whether the Czech implementation complies with the Directive. The thesis is composed of four chapters. The first chapter is introductory and analyses the basic terminology of Czech labour law regarding employment relationship, its components and alterations, in particular the alteration of parties to employment relationship. The second chapter deals with the EU regulation of transfer of undertakings under the Acquired Rights Directive and abundant case law of the Court of Justice of the European Union. It starts with brief description of history of respective legal regulation and then describes the temporal, personal and territorial scope of the Directive. However, the scope that is the most complicated to define is the material scope, i.e. the range of cases to...
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Personal rights of employees (focusing on the protection of personal data and personal employee data )
Hrabinová, Michaela ; Morávek, Jakub (advisor) ; Štefko, Martin (referee)
This thesis deals with the issue of personal law of employees. Above all, it focuses on protection of personal data, monitoring employees at workspace via camera systems and checking upon their e-mail communication or examining logs of websites. The work is divided into seven chapters, few of which are further separated to subchapters. The first half of the work is dedicated to theory; the following chapters describe the specific cases of interference into employees' privacy. The first chapter pictures history of law adjustment in the sphere of protection of privacy, respectively protection of personal data, which reaches not too far since its first development started after the Second World War. The second chapter contains definitions of the basic terms which are related to protection of personal data, for example the term personal data itself, subject of data or trustee and exekutor. In the third chapter there are the roots of laws to be found. This chapter is further divided to subchapters distinguishing particular types of law sources from the international, European and national sphere. The next, fourth chapter, describes the relation between personal data protection and labour law. It handles personal data processing in each phase of labour-law relations in separated subchapters, including the...
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The notice of termination of employment, comparation ČR and SR
Kalužáková, Mária ; Štefko, Martin (advisor) ; Morávek, Jakub (referee)
The purpose of my thesis is to compare the legal regulation of notice of termination of employment in the legal systems of the Czech Republic and Slovakia. The thesis consists of the introduction, conclusion and six chapters, each of which contains a comparison of various aspects of the two regulations. The introduction sets out the reasons for which I chose this topic and the method of processing my thesis. The first chapter characterises notice in general, its cancellation and requirements, i.e. the written form and the delivery of the notice. The second chapter focuses on the notice given by an employee and on particularities of the Czech regulation of the notice related to the transfer of rights and obligations arising from the employment relationship and the counterpart of such notice in Slovak labour law, which is the termination by agreement. Notice given by the employer is discussed in the third chapter. This chapter consists of three parts. The first part highlights the comparison of individual reasons of the notice, the second focuses on cases in which the notice is prohibited, and the third on the substantive conditions of the notice. The fourth chapter is divided into two parts. The first part discusses the differences in the regulation of redundancy payment accordance to the Labour...
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