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The Role and Activities of Employee Representatives in LabourRelations
Průšová, Aneta ; Pichrt, Jan (advisor) ; Vysokajová, Margerita (referee) ; Matejka, Ján (referee)
Dissertation: The Role and Activities of Employee Representatives in Labour Relations Author: Mgr. Aneta Průšová The subject matter of this dissertation is the analysis of the role and activities of individual employee representatives in labour relations according to the Czech legal order. The first aim of the dissertation is to find out and identify the similarities and differences between employee representatives with regard to their legal status under Czech labour law. The second aim of the dissertation is then to analyse the mutual interaction between employee representatives carrying out the activities at the same employer, including the scope of tasks that employee representatives can perform in promoting and protecting the economic and social interests of employees. The results of the research mentioned above, are used to verify the fundamental hypothesis of the dissertation that trade unions have a privileged position among other employee representatives. The dissertation also describes the causes and consequences of the given position of trade unions and compares the position of trade unions with the position of other employee representatives. Regarding the structure, the dissertation is divided into six chapters. The first chapter defines the term "employee representatives" and the...
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Working hours and rest periods
Bednářová, Tereza ; Vysokajová, Margerita (advisor) ; Tomšej, Jakub (referee)
Working hours and rest periods Abstract The master's thesis deals with the topic of working hours and rest periods. These legal institutes are presented not only from the perspective of current domestic legal regulations de lege lata but also outline their historical development from the medieval period to the present, including their significant connections with both EU and international law. A significant part of the work is also dedicated to flexible forms of working hours, such as remote work, which popularity has increased in recent years, especially in the context of the global COVID-19 pandemic. At that time, this alternative method represented an ideal way to minimize the risk of disease transmission while allowing both employees and employers to continue their work activities. Given that both working hours and rest periods affect nearly every economically active individual in the labour market, the master's thesis also briefly mentions related psychological impacts that can occur in an individual's life in connection with the setting of working hours and rest periods. Technological advancements in recent decades have been gaining momentum and bringing many changes in almost all stages of a person's life. This places significant demands not only on individuals themselves but also on legal...
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Basic employment relations and their development tendencies
Štang, Michal ; Vysokajová, Margerita (advisor) ; Štefko, Martin (referee) ; Fischerová, Iva (referee)
Basic employment relations and their development tendencies Abstract The dissertation focuses on basic employment relations and tendencies in their development. First, attention is drawn to the conception of labour law and its position within the system of law. Second, basic employment relations are analysed, namely work performed under an employment contract, and work done under agreements other than an employment contract. Only such relations allow for what is called "dependent" work which is (a) subject to superiority of an employer and subordination of the employee, (b) done on behalf of an employer, (c) in compliance with an employer's instructions, and (d) the employee must do the work in person. Dependent work is the subject of individual employment relations. Legal regulation of employment relations is analyzed in the dissertation. A significant change was introduced by the Labour Code 2006. The main principle of the Code is that "everyone may do whatever is not prohibited by the Code, and no one may be forced to do what is not imposed by the Code" (or in other words "what is not prohibited is allowed"). Section 4 of the Labour Code expressly declares the principle of subsidiarity of the Civil Code in relation to the Labour Code, namely that employment relations are governed by the Labour Code;...
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Legal regulation and selected specifics of the service relationship of members of security forces and professional soldiers
Čechová, Tereza ; Vysokajová, Margerita (advisor) ; Štefko, Martin (referee)
139 Legal regulation and selected specifics of the service relationship of members of security forces and professional soldiers Abstract The thesis deals with the legal regulation and selected specifics of the service relationship of members of security forces and professional soldiers. The thesis offers an assessment of the individual legal regulations of the Law on Service Relations and the Law on Professional Soldiers, as well as their comparison. This is especially within the adequate jurisprudence, which in many places reflects the difficulties of applying the statutory amendments in practice. The thesis begins by discussing the very character, features and content of the service relationship. This is followed by a section dealing with the historical development of the legal regulation of the service relationship of members of the security forces and professional soldiers from the establishment of the Czechoslovak Republic to the present day. However, the core of this thesis is an assessment of the current legal regulation of the Law on Service Relations and the Law on Professional Soldiers. The thesis analyses in detail the conditions for the establishment of the service relationship of members of security forces and professional soldiers, as well as selected institutes of changes in the service...
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Some Aspects of Armed Forces regulations and Their Comparison Within The Czech Legal System
Čadková, Zuzana ; Štefko, Martin (advisor) ; Vysokajová, Margerita (referee)
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The employer's obligation to compensate for the damage caused to the employee
Štěpánková, Kateřina ; Štefko, Martin (advisor) ; Vysokajová, Margerita (referee) ; Šimečková, Eva (referee)
The employer's obligation to compensate for the damage caused to the employee Abstract In the submitted dissertation, the author deals with the topic of the employer's obligation to compensate for the damage caused to the employee. This issue is highly actual, as in the past there have arised, and these days still continue to arise new and new connected questions to discuss, and sometimes the re-opening of questions that have already been settled occurs as well. At the same time, it is also a common-sense oriented topic, as almost every employer has at some point been in a position where they were forced to fulfil this legal obligation towards their employee. Within the scope of this dissertation, fundamental attention is devoted to the analysis of individual types of the employer's liability for damage caused to the employee and to a critical insight into the complexity of their legal provisions and their real usability. International comparisons are also provided in places, where it is appropriate and useful. A number of concrete suggestions de lege ferenda are also provided. The first part is devoted to a basic insight into this issue, but in addition to it, it also contains a clear statistic comparison of the amount of court decisions carried out in cases of lawsuits on fulfilment of the relevant types...
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Agency employment
Závozda, Lukáš ; Vysokajová, Margerita (advisor) ; Štefko, Martin (referee)
The topic of the thesis is agency employment. Due to its flexibility and the current situation on the Czech labour market struggling with a labour shortage, agency employment is a frequently used and necessary part of the Czech legal system. In the Czech legal regulation of agency employment, however, we find a number of problematic areas, as a result of which, among other things, the rights of employees temporarily assigned by employment agencies may be jeopardized and insufficiently ensured, or, on the contrary, entrepreneurs operating employment agencies may be unnecessarily burdened. The main goal of this diploma thesis is to describe the problematic aspects of the Czech legislation in the field of agency employment with an emphasis on the legal regulation of the establishment and operation of employment agencies and selected frequently violated or problematic obligations in the field of agency employment relations, in relevant cases to compare these problematic aspects with foreign legal systems and propose a possible corresponding amendments to the Czech legislation. The diploma thesis is divided into six main chapters, which are further divided into individual subsections. The first chapter deals with the general characteristics of agency employment and further briefly describes the subjects...
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Alternative resolution of labour disputes
Černý, Martin ; Tomšej, Jakub (advisor) ; Vysokajová, Margerita (referee)
Alternative resolution of labour disputes Abstract This thesis discusses the issue of alternative dispute resolution methods in terms of suitability of their use in the context of individual labour disputes. Alternative dispute resolution methods typically represent a fast, informal, and less costly alternative to court litigation. In the field of individual labour law, they are expected to help maintain the employment relationships between employers and employees, which are characterized by their longevity. The thesis provides a structured analysis of the applicability of alternative dispute resolution methods to disputes arising from individual employment relationships. Subsequently, the thesis focuses in more detail on mediation, which is regulated in act No. 202/2012 Coll., on mediation. The existing Czech legal framework is critically analysed and compared with foreign legislation and practice. Based on the findings acquired through legal and comparative analysis, new legislative measures and non-legislative tools are proposed. These include in particular proposals for the improvement of the expertise of registered mediators and its guarantees, for the extension of the legal duty of confidentiality, for adoption of new motivational and informational tools, and for the implementation of non-legislative...
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Mediation and its use in labor disputes
Soukupová, Eliška ; Tomšej, Jakub (advisor) ; Vysokajová, Margerita (referee)
Mediation and its use in labor disputes Abstract This diploma thesis deals with the topic of mediation, which is one of the alternative ways of resolving disputes. Mediation is currently a very current issue, as it has been incorporated into the Czech legal system relatively recently and also because of its great potential due to the benefits it brings primarily to litigants. Such benefits include, for example, the voluntary nature of the whole process, non-publicity of the mediation or the placing of responsibility in the hands of the disputing parties themselves. The thesis in the first chapter defines the concept of mediation, introduces the history of mediation, current legislation at the European level and within the Czech legal system, further deals with conflict theory, the mediator, his education, techniques, participants in mediation and mediation directions. The second chapter focuses on labor law and the relationships arising within labor law. It also explains what types of labor law disputes may arise and does not omit the ways in which such disputes can be resolved. It then focuses in more detail on the benefits of using mediation in labor disputes. The third part, so-called practical part, consists of information that was obtained through research on the use of the mediation in the Czech...
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