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Liability of an employer for damage
Valná, Zuzana ; Štefko, Martin (advisor) ; Hůrka, Petr (referee)
Resume This diploma work is geared to one of the distinguish part of the Employment law - The employer's liability for damage and its comparison with representative countries of European Union. At first place I've chosen for comparison the representative of anglo-american law system - Great Britain. Another state that I've selected for detailed matching is Slovakia which law system is based on the mutual basis of Czechoslovakia state. Other Member States of EU are touch on, except the Chapter about liability for industrial injury and professional diseases. In this chapter there is a view of more European states, with some glance into the countries outside EU and complete construction of damages this specific harms on health for their own importance. In constituent chapters I concentrate on categorization of the responsibility in Employment law as sub-category of Liability, its evolution with focus on the protective elements of employment legislation and on interpretation of this therm as one of the fundamental institute of law. The following chapters enumerate the types of liability which we can encounted in Employment Law and introduce their further explanation, the sense and separation to the various point of view, especially in accordance with types of injuries. The decision point of this diploma is...
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Modes of termination of employment
Kuchlerová, Pavla ; Štefko, Martin (advisor) ; Procházková, Eva (referee)
In my graduation theses I focused on the ways to terminate the employment relationship.I enforced chracteristics of each way of the termination and legal possibilites for using it.I mentioned the differences between present - day legal regulations end previous legal regulations. I engaged in specific changes of termination of the employment relationship brought by the present Labour Code in the area of legal regulations, as in the part concerning applicable legal regulations, so in the part defining individual ways of termination of the employment relationship. In the conclusion of this graduation theses I would like to focus on the Labour Code especially with the view of what improvements or on the contrary impairment has brought in the area of legal regulations in termination of the employment relationship on the part of employers and employees. Next I would like to mention several conceptual changes in the Labour Code, which are being prepared by ministry of labour and social affairs. In content of this I would like to introduce some of my de lege ferenda considerations. The Labour Code of 2006 was accepted embarrassedly since its release. It was welcomed by someone, but deprecated by others. The Labour Code was positively classificated especially by trade unions, whom the new legal regulation brought...
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Social protection of persons with disabilities
Kuběnová, Magdaléna ; Zemanová, Jana (advisor) ; Štefko, Martin (referee)
Social protection of persons with disabilities My thesis treats social protection of persons with disabilities. The purpose of the thesis is to analyse the Czech and French legislation in the field of social security of person with disabilities. The thesis is composed of four sections. The first section which is divided into two chapters is dedicated to generalities - the first chapter gives a theoretic definition of the handicap and persons with disabilities. The second chapter investigates the protection of person with disabilities from the point of view of the international law and European Union's law that represent the foundation of the Czech and French legal system. The second section which is divided into five chapters analyses the Czech legal order. The third chapter provides an outline of Czech legal definition of relevant terms. The next chapter describes assessment of health, which is provided by Medical Assessment Service. The fifth chapter treats social insurance's and state social support's security benefits. The sixth chapter look at security benefits which are provided by the social assistance system. It consists of three subchapters where the first one treats the care allowance, the procedure and social services. The next subchapter described the mobility allowance, the allowance...
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Liability for damage in case of occupational injuries and occupational diseases
Nguyenová, Lucie ; Štefko, Martin (advisor) ; Drápal, Ljubomír (referee)
The intention of my thesis is to analyse legal provisions concerning occupational injuries and occupational diseases, comment amendments in this area of labour law and indicate meaning and content of above mentioned legal provisions in connection with court decisions and practical facts. The entire text is structured into chapters relating to particular topics connected with occupational injuries and diseases. At first the thesis introduces concept of liability with specifics that influence area of occupational injuries and diseases. Subsequent chapter contemplates recent events and system of legal insurance of employer's liability. Fourth chapter describes provisions implementing prevention of occupational injury and disease. Fifth chapter defines conception of occupational injury and occupational disease in detail, elaborates characteristic features, prerequisites, process of solving and possibility of employer's exemption. Sixth chapter reflects findings relevant to compensations provided to affected employee. Result of processing the topic is composed of comprehensive characterization of main terms and issues, with effort to indicate explanation of respective judgements and consider selected legal provisions.
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Sanctions for Breaching the Obligations within Employment Law Relationships
Odvárková, Kateřina ; Morávek, Jakub (advisor) ; Štefko, Martin (referee)
The author conceives the presented thesis partly as a case study, when she illustrates different aspects of sanctions on a practical example defined for the purposes of this work. Furthermore, she maps different kinds of aspects related to analyzed sanctions. The thesis is divided into the introduction, five main chapters and the conclusion. Overall, the work has two parts, the first one is the introduction and the first chapter, second part consists of the definition of the practical example, from which it derives, then the second, the third, the fourth and the fifth chapter and the conclusion. In a brief introduction, the author has a think about the meaning of general terms such an obligation, a legal obligation and sanctions for breaching duties. The first chapter contains a definition of terms that are analyzed further in the work. Furthermore, the chapter continues with the general definition of sanctions, particularly from the perspective of legal theory, including the attempt on the author's own definition of sanctions. As an introduction to another part of the work is defined a model case from which the work (partially processed as a case study) further unfolds. The basis of this case is a breach of the obligation to pay out employees wages. On this basis, in the text are more fully...
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