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Agency employment
Keher, David ; Štefko, Martin (advisor) ; Tomšej, Jakub (referee)
- Agency employment The title of my diploma thesis is agency employment. Agency employment was incorporated into the Czech law in 2004. It is an institute that is used in practice for its flexibility, which employers and also the agency employees appreciate. The area of agency employment is very specific and wide. The aim of the work is to define the basic notions associated with the agency employment, including the definition of the concept of agency employment itself and related issues. The diploma thesis consists of eight main chapters. In the first one, I set out basic law regulation of the agency employment. The second chapter defines notions associated with the agency employment, and which are necessary to know. The third chapter defines concept of agency employment itself and in the next subchapter are differences between secondment and temporary assignment of the agency employee to the user. The fourth and fifth chapter are devoted to entities involved in the process of agency employment. These entities are the labor agency, the user and the agency employee. The equal working conditions and salary conditions of the agency employee and the issues associated with that are discussed in sixth chapter. The end of the diploma thesis is focused on practical part of the theme. Economical model of...
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Legislation of the women's position on labor market
Jehnová, Veronika ; Koldinská, Kristina (advisor) ; Tomšej, Jakub (referee)
Legislation of the women's position on labor market Abstract The aim of this thesis called "Legislation of the women's situation on labor market" is to describe not only current situation but also historic progression of women's position in employment relations. It is focused on the regulation of equal treatment and the prohibition of discrimination in international law, European law and Czech law and also on special working conditions of women, which are established for protection of female employees during pregnancy and maternity. I also try to acquaint readers with judicial decisions in this area. Women's situation on labor market was not always great and they had to fought for better position. Traditional arrangement where house keeping and raising kids is naturally considered as women's responsibility is still common in most families. That is why lots of women have to learn how to coordinate mother's role and their job. My thesis is divided into five chapters. First chapter is dedicated to evolution of women's position in society and on labor market from 19th century to the period after Velvet revolution in 1989. Second and third chapters are focused on equal treatment and the prohibition of discrimination. While the purpose of the second chapter is to define these expressions, the third chapter serves...
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Temporary agency work
Martínková, Kateřina ; Štefko, Martin (advisor) ; Tomšej, Jakub (referee)
The aim of this diploma thesis is to offer a complete overview of the institute of temporary agency work. Temporary agency work is an institute that brings to the user undertakings the possibility to quickly adapt to the increase or decrease in demand for their products by changing the number of employees. The first part of the diploma thesis presents a brief excursion into the history of temporary agency work with focus on the most important historic moments and includes the explanation of its impacts. This chapter emphasises Czech history of temporary agency work, but it takes a quick glance at the history of temporary agency work in other states. The institute of temporary agency work was introduced to the Czech legal system as late as 2004. This point is very important to understand the uneasy position of agency employment on our labour market. The main part of this diploma thesis concerns current legal status of temporary agency work. It analyses obligations of the Czech Republic arising from the C181 and directive 2008/104/ES. The thesis continues to the Czech legal system and it analyses the positions of a private employment agency, user undertaking and an agency employee. It includes the establishment of a private employment agency, obligations during its existence and its cessation. There...
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Social security of women during pregnancy and maternity and protection of their work
Pavlíková, Tereza ; Morávek, Jakub (advisor) ; Tomšej, Jakub (referee)
Social security of women during pregnancy and maternity and protection of their work Abstract The diploma thesis deals with the security of women during pregnancy and motherhood and the safety of their work. The whole work illustrates the development of social security in the Czech Republic, in particular the current situation of social security with the main focus on pregnant women and parents taking care of their children. The diploma thesis is divided into four chapters. The first chapter deals with the historical development of social security in the territory of the Czech Republic, in particular the development in the 20 century which is decisive for the current state of social security in the Czech Republic. The second chapter focuses on the international context of social security. The Czech Republic is a member state of several international organisations whose legislation has a significant impact on our social area. Therefore, this chapter is also devoted to international organisations and international law regulations focused on the social area, in particular on the rights of social security. The third chapter, which is the most extensive, is dedicated to the social security of women during pregnancy and motherhood. It deals with the security arising from both the sickness insurance system and the...
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An Employee's Duty of Confidentiality in a Basic Labour Relationship
Brodská, Hana ; Morávek, Jakub (advisor) ; Tomšej, Jakub (referee)
This diploma thesis deals with the topic of an employee's duty of confidentiality in a basic labour relationship. It seeks to find an answer to the question of whether there is some kind of a "general" employee's duty of confidentiality of certain facts, to which all the employees must oblige. The Czech Labour Code does not explicitly define this duty. If a general duty does not exist, it would have to be stipulated contractually. This diploma thesis is divided into four parts. The first part pays attention to the duty of confidentiality as such. It focuses on its content because it is essential to clarify what the "duty of confidentiality" means. Definitions of the duty of confidentiality created by different expert literature authors are covered in this part including the definition created by the author of this thesis. The second part represents the core of this diploma thesis since it deals with an employee's duty of confidentiality as it is stipulated by the Labour Code. The author addresses the so-called "special" duties of confidentiality which are explicitly stated in the Labour Code for certain groups of employees. Moreover, this part examines the general duty of confidentiality applicable to all employees who carry out work based on a concluded basic labour relationship. An employee's...
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Personal Data Protection and Labour Law Relationships
Lejsek, Jakub ; Morávek, Jakub (advisor) ; Tomšej, Jakub (referee)
This thesis deals with the protection of personal data in relation to the labour law relationships. Considering the extensiveness of the topic of personal data protection, the aim of this thesis is not giving an all-encompassing explanation, however, to introduce the general legal regulations together with the explanation of the principal legal concepts and their subsequent application on the labour law relationships. The author divides this thesis into 6 chapters. Apart from the relevant legal regulations the author focuses on the main case law and opinions issued by WP 29 and UOOU (the Office for Personal Data Protection) as well, which interpret some legal uncertainties. By reason that the personal data protection is integrally connected to the inviolability of the person and privacy itself, the first chapter focuses on the concept of privacy and its interpretation. The second chapter discusses the privacy and data protection legal regulation. This chapter covers both international, regional and also Czech legislation, which particularly emanates from the European Parliament and Council Directive 95/46/EC. In the third chapter, the author focuses on the basic concepts of the personal data protection. Its explanation is necessary not only for understanding of this topic, but also for the...
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Invalid Termination of Employment, and Related Consequences
Kučera, Jan ; Morávek, Jakub (advisor) ; Tomšej, Jakub (referee)
This dissertation, entitled "Invalid Termination of Employment, and Related Consequences", aims to provide a comprehensive look into the issue of invalid employment termination by giving notice, immediately terminating an employment, or the employer cancelling employment during a trial period, and of the related consequences. The dissertation is divided into three main chapters. The first chapter briefly characterizes employment as a special private relationship, and industrial conduct as a legal fact which results in establishing, altering, and terminating employment. Special attention is paid to the individual aspects of industrial conduct whose fulfilment is a prerequisite for perfect industrial conduct. The second chapter focuses on the consequences of faults in industrial conduct, intending mainly to alert the reader to the necessity of differentiating between seemingly legal conduct and invalid legal conduct. The second chapter then identifies and analyses reasons which cause a court to determine the invalidity of a notice, immediate employment termination, or employment cancellation during a trial period by the employer. The third chapter contains an analysis of consequences which may arise if a notice, immediate employment termination, or employment cancellation during a trial period by the...
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Company health-care services
Tomšej, Jakub ; Pichrt, Jan (advisor) ; Chvátalová, Iva (referee) ; Drápal, Ljubomír (referee)
- 193 - Abstract This dissertation theses describes the topic of company health-care services. The thesis provides a complex analysis of providing company health-care services with particular focus on the connection of these services with the employment relations and the legal instruments governed by the Labour Code. The thesis focuses in particular on the topic of medical examinations and medical reports, as well as the unfitness to work due to health-related reasons as a reason for termination of employment or other employment-law consequences. Besides an analysis of the current legislation, the theses further deals with the current case law, and in particular the judicial decisions on medical reports and their review by administrative and civil courts. The thesis also describes related legal instruments in the field of personal data protection and liability for damages, and provides a short comparison of the analysed legal regulation and the regulation of public service.
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Employment of HIV positives
Tomšej, Jakub ; Hůrka, Petr (referee) ; Štefko, Martin (referee)
Prague - 12508472.1 Abstract of the thesis "Employment of HIV positives" - English The rigorous thesis "Employment of HIV positives" analyses certain aspects of individual employment relations which are particularly relevant from the viewpoint of employment of HIV positives. Based on information about HIV and AIDS, its development and transmission ways, it is concluded that HIV should not in most cases represent an obstacle to performance of work and/or establishment of employment relationship. The thesis examines certain important points regarding employment of HIV positives, such as the steps leading to establishment of employment relationship, determination of health fitness to work, protection of privacy of employees, protection against discrimination and employee protection in the process of termination of employment. The thesis also focuses on the specific regulation of employment of HIV positives in armed forces. Apart from the analysis of the current statutory and case law regulation, the thesis offers some suggestions for amendments of legislation from the de lege ferenda viewpoint as well as a comparison with some instruments of German law.
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Simultaneous performance of employment and directionship
Tomšej, Jakub ; Čech, Petr (advisor) ; Štenglová, Ivanka (referee)
The objective of this thesis is to analyse implications of simultaneous performance of directorship and employment. The division of the relationship between a company and its manager into two different legal relations, governed by different fields of law (employment and commercial law) is a common practice in the Czech business environment. Despite of this, it is contrary to the Czech Supreme Court case law. Therefore, my research is aimed at verifying the "no simultaneous performance of functions" principle and summarising its legal and practical implications. Another goal of the paper is to analyse the contemplated bill to amend the Commercial Code which is currently subject to political discussions at the Lower Chamber of the Czech Parliament as well as to investigate its implications for the subjects of law. The thesis consists of three chapters, which do correspond to the main goals of the thesis, as stipulated in the Introduction. Chapter One is introductory and defines legal instruments that are material for the conclusions of the thesis. It summarises main legal differences between employment and directorship. Chapter Two is divided into five parts, each of them approaching the "no simultaneous performance of functions" principle from a different viewpoint. The first part examines relevant Czech...
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