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Temporary agency employment - legal theory and application practice
Mach, Jan ; Pichrt, Jan (advisor) ; Morávek, Jakub (referee)
Temporary agency employment - legal theory and application practice The title of this diploma thesis is "Temporary agency employment - Legal theory and application practice ", where temporary agency employment being is characterized as flexible form or provision of labor force. The main aim of this work is to summarize the regulations of temporary agency employment and to point out problematic its most critical flaws. The thesis additionally highlights the most important differences compared to regulations in force in neighboring countries. The first chapter defines the central attributes of temporary agency employment, including flexibility and secondment. It further formalizes how temporary agency employment differs from similar concept of outsourcing. The main law text sources are subsequently presented and set to the historical law context of the Czech Republic. The third chapter defines the main players partaking in temporary agency employment, with focus on how permissions are obtained, the deposit obligation and the bankruptcy insurance. The fourth chapter deals with interplay of labor and commercial law, including the definition of individual terms of the contract. Next, the liabilities of all parties are explained, with particular focus on regulation of salary and employment terms,...
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Monitoring of employees in the decision-making practice of Labour inspectorates
Schejbal, Michal ; Morávek, Jakub (advisor) ; Tomšej, Jakub (referee)
Monitoring of employees in the decision-making practice of Labour inspectorates Abstract The theme of the thesis is employee monitoring conducted by employers. The applicable law permits the employee monitoring but imposes restrictions to it. Every employer shall consider thoroughly whether he fulfills the conditions required to implement the employee monitoring or not. The thesis introduces the reader to the legal framework of employee monitoring in the first place. It enlists relevant regulation and defines key terms which are necessary to understand the employee monitoring, such as privacy, surveillance, personal data etc. The key terms are often vague and thus difficult to interpret. The author then examines the provision of Section 316 Subsection 1 of the Labour Code in-depth. The Section prohibits the employees to use the employer's means for their personal needs. It also authorizes the employer to check compliance with the aforementioned prohibition. The relationship between first and second subsection of Section 316 of the Labour Code is also evaluated. The next part of the thesis describes employee monitoring which interferes with employees' privacy and which is regulated by Section 316 Subsection 2 of the Labour Code. The author researches which employers may conduct the monitoring, which reasons...
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Legal status of managers when terminating employment
Kodeš, Jan ; Drápal, Ljubomír (advisor) ; Morávek, Jakub (referee)
Legal status of managers when terminating employment This thesis deals with the topic of the legal status of a manager when terminating employment. The first chapter outlines the gradual evolution of a job position of an employee- manager in between the years 1918 to 2006 and shows conditions under which it was possible to terminate employment with an employee in a managerial position. The next chapter introduces the individual participants to the employment relationships that is an employee, manager and employer. The third chapter describes the two possible ways how to commence employment in case of a manager which is the appointment or the employment contract and defines all the requirements necessary to comply with so the employment is valid. The following chapter concentrates on the rights and obligations of ordinary employees and managers and the obligations of employers. Managers have the same rights and obligations as ordinary employees, but as they also have to fulfil the role of an intermediator between employer and ordinary employees, they enjoy additional rights and obligations. The fifth chapter focuses on the termination of employment of both managers and ordinary employees. The chapter illustrates in detail three ways how to terminate employment. Employment may be terminated by legal...
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Monitoring of employees in context of General Data Protection Regulation
Röslerová, Karolína ; Morávek, Jakub (advisor) ; Štefko, Martin (referee)
1 Monitoring of employees in context of General Data Protection Regulation Abstract This diploma thesis focuses on the supervision and monitoring of employees from multiple perspectives. Based on the relevant European and national caselaw the thesis specifies whether employees shall have right to the protection of their privacy and integrity at the workplace. Thesis also analyses selected aspects of personal data protection with emphasis on personal data of employees as data subjects processed by employers as controllers. In particular attention is devoted to selected obligations, which arises from General Data Protection Regulation for such personal data processing in the light of relevant statements and guidelines provided by the European Data Protection Board, Article 29 Data Protection Working Party and the Office for Personal Data Protection. Thesis in detail addresses the supervision of employees carried out by § 316 of the Labour code, whereas interprets its provisions as well as conditions for establishing the supervision of employees arising from such interpretation. Classification of the provisions of the § 316 paragraph 1 to 3 and their interdependencies are further outlined. Thesis defines monitoring as one way to carry out supervision under paragraph 2 through the analysis of the term...
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The legal status of drivers of traditional and alternative taxi services in terms of employment law
Kotara, Jan ; Tomšej, Jakub (advisor) ; Morávek, Jakub (referee)
The legal status of drivers of traditional and alternative taxi services in terms of employment law Abstract The aim of this thesis is to apply the defining features of dependent work to the activity performedby drivers in domestic taxi service - and based on this analysis - to decide whether the nature of this work really corresponds to the declared position of drivers as independent providers of transport services mediated by a third party, or whether they potentially are misclassifiedemployees entitledto all labor benefits associatedwith such status. The subject of interest is not only the activityof "traditional"but also "alternative"taxi drivers. Therefore, the work first deals with the phenomenon of shared economy, term allegedly justifiingthe above-mentioneddichotomy and in the eyes of some authors a reason for special legal treatment of some subjects onthe taxi market.Throughthe analysis of the theoryof shared economy with emphasis on the transport sector, a historical excursion into the sharing of transport capacity and a comparison of the operation of BlaBlaCar and Uber services, it is concluded that the subjects dealt in the thesis cannot be subsumed under the concept of shared economy. Furthermore, the case law of the CJEU is analyzed, on the basis of which Uber is qualifiedas a service in the...
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Redundancy payment
Jeník, Marek ; Drápal, Ljubomír (advisor) ; Morávek, Jakub (referee)
The master's thesis deals with redundancy payment and other compensations that result from labour relations and service relations. The main task is a description of redundancy payment and notice reasons related to redundancy payment. The thesis describes redundancy payment in the Slovak Republic and compares it with redundancy payment in the Czech Republic. Compensation in the service relationship and officials of territorial self-governing units are discussed. The case law of the Supreme Court is included. The diploma thesis is divided into four chapters. The termination of employment is discussed in the first chapter. The chapter focuses on legal action towards termination of employment. The reasons for termination of employment under the Labour Code related to redundancy payment are described. The second chapter focuses on redundancy payment as the main topic of the thesis. The chapter contains definition and purpose of redundancy payment. The legal redundancy payment and its amount are defined. Further, the calculation of redundancy payment is explained. There is also an explanation of contractual redundancy payment where the parties can agree on redundancy payment. The third chapter describes the termination of employment, redundancy payment under the Slovak Labour Code. It also compares the...
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Occupational medical services
Švandelíková, Klára ; Morávek, Jakub (advisor) ; Tomšej, Jakub (referee)
This rigorous thesis deals with the institute of occupational medical services, enshrined in the legal order of the Czech Republic by Act No. 373/2011 Coll., on Specific Health Services. This Act was, together with some other acts, part of the so-called health reform and replaced the legal regulation of occupational preventive care, contained mainly in Act No. 20/1966 Coll., on Public Health Care. In spite of the fact that the Act came into effect almost eight years ago, the rules relating to the provision of occupational medical services still pose problems in practice, i.e. on the both sides of the individual employment relationship, as well as on the side of occupational medical services providers. The importance of occupational medical services and the orientation in the rights and obligations of these providers, employers and employees are underlined by the fact that the obligation to provide these services falls on all employers, regardless of their number of employees, turnover or any other parameter. In the light of the above mentioned, this thesis aims to map the legislation of occupational medical services taking into account the existing case law practice and to provide answers to some problematic questions arising from practice. For a broader context, the first part of the thesis is...
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Occupational Health and Safety with Focus on Atypical Forms of Employment
Zichová, Aneta ; Morávek, Jakub (advisor) ; Tomšej, Jakub (referee)
Thesis Title: Occupational Health and Safety with Focus on Atypical Forms of Employment The thesis aims to analyse and present the rules of occupational health and safety (OHS). The second goal of the thesis is the research of OHS solutions in atypical forms of employments with regard to current development of working relationships. The thesis also deals with the question of atypical forms of employment and the ensuring of OHS in Germany (GER). The collected information is used for comparison and evaluation of both countries and their attitudes toward OHS in atypical forms of employment. Part of the thesis is also devoted to possible course of OHS in the atypical forms of employment de lege ferenda including potential inspiration from GER in connection with ensuring of OHS. The thesis is mainly based on study of laws, relevant literature, comments and current articles. In the thesis, the descriptive and analytical method are used and at the end supplemented by the comparative one. The thesis is divided into six chapters that are split systematically into subchapters. The first part is focused on the definitions of fundamental terms that are further used in the following chapters. In the introductory subchapters the thesis deals with the term OHS itself, atypical forms of employment, work accidents...
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Non-competition clause
Blažek, Adam ; Tomšej, Jakub (advisor) ; Morávek, Jakub (referee)
Non-competition clause Abstract This thesis deals with the institute of the non-competition clause. The main aim of this thesis is to describe this institute, evaluate how much is the current legislation corresponding to the 21st century's changes and whether it is still applicable in practice. In this work, the author is focusing not only on nowadays problems, but he is also considering historical problems, which he is examining and consequently also analysing properly. The author also offers the reader his solutions and considerations de lege ferenda with the aim of further good development of the competition clause as a functional and important institute of labour law. To achieve these goals, the author in the first part of this thesis gives a brief overview of the historical background of the ban on competitive conduct in the Czech lands, both during the period of employment and after its termination. In particular, the author focuses on the historical context of the emergence of a competition clause and its historical development where we can find an interesting historical paradox, as this institute often worked vividly in practice, despite the obvious outdated legislation at that time. The author wants to emphasize the important role of courts and judges in the development of the competition clause,...
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Age Discrimination in Labour Law
Smolař, David ; Tomšej, Jakub (advisor) ; Morávek, Jakub (referee)
Age Discrimination in Labour Law Abstract Equal treatment and prohibition of discrimination are the core principles of labour law. They are instrumental in ensuring the full realisation of right to gain living by means of work. Age is one of the most common reasons for discrimination in employment whereby rights and opportunities of persons are limited based on the sole criterion of age. Prohibition of age discrimination in Czech labour law is then to a large degree influenced by the law of the European union, as well as by the case-law of the Court of Justice of the European Union. With regard to the above, the objective of the diploma thesis presented herein is to examine in detail the prohibition of age discrimination in the law of the European Union, focusing on the regulation of prohibition of age discrimination in employment and occupation according to Directive 2000/78/EC. The thesis aims to determine the different forms of age discrimination and delimit the prohibition of age discrimination according to Directive 2000/78/ES in the light of the case-law of the Court of Justice of the European Union. The thesis also aims to relate the findings to selected decisions of Czech courts. The thesis consists of an introduction, five chapters divided into subchapters and sections, and a conclusion. The first...
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