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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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Termination of employment
Štang, Michal ; Vysokajová, Margerita (advisor) ; Hůrka, Petr (referee)
Labour relationship termination Abstract My diploma thesis deals with the "Labour relationship termination". I have chosen this topic because of the following reason - it is concerning every person who works as an employee or as an employer employs others. There is evidence that this topic is undoubtedly still current in wide and rich practise of courts on all levels of the court system, including the Supreme Court of the Czech Republic. The Supreme court of the Czech Republic takes part on covering of the labour relationship termination practise theme. I describe and analyse the topic of the labour relationship termination in my diploma thesis. I aim my focus on all legal ways of labour relationship termination. I highlight application problems in practise and suggest several de lege ferenda thoughts.
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Termination of employment in relation to the recodification of private law
Štang, Michal ; Vysokajová, Margerita (advisor) ; Brádlerová, Libuše (referee)
Termination of employment in relation to the recodification of private law Abstract My rigorosum thesis deals with the "Termination of employment in relation to the recodification of private law". I have chosen this topic mainly because it is connected with every individual of working age regardless of whether the individual is an employee or an employer. Legal regulation of the termination of employment undoubtedly belongs to the most important spheres of labour law. The issue is highly topical. That fact is presented by a high number of judicial decisions of courts of all instances. It is necessary to remark that the number of judicial decisions of the Supreme Court of the Czech Republic dealing with the termination of employment is increasing. In my rigorosum thesis I focus first and foremost on the analysis of legal regulation of all ways of termination of employment - especially legal acts - i.e. an agreement to terminate employment, notice of termination of employment, instant termination of employment and termination of employment during the probationary period. I deal with the matter of application of the legal regulation in legal practice mostly based on judicial decisions. I analyse the chosen topic extensively including necessary documents of international and EU law. I emphasize changes being...
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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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Termination of employment in relation to the recodification of private law
Štang, Michal ; Vysokajová, Margerita (advisor) ; Brádlerová, Libuše (referee)
Termination of employment in relation to the recodification of private law Abstract My rigorosum thesis deals with the "Termination of employment in relation to the recodification of private law". I have chosen this topic mainly because it is connected with every individual of working age regardless of whether the individual is an employee or an employer. Legal regulation of the termination of employment undoubtedly belongs to the most important spheres of labour law. The issue is highly topical. That fact is presented by a high number of judicial decisions of courts of all instances. It is necessary to remark that the number of judicial decisions of the Supreme Court of the Czech Republic dealing with the termination of employment is increasing. In my rigorosum thesis I focus first and foremost on the analysis of legal regulation of all ways of termination of employment - especially legal acts - i.e. an agreement to terminate employment, notice of termination of employment, instant termination of employment and termination of employment during the probationary period. I deal with the matter of application of the legal regulation in legal practice mostly based on judicial decisions. I analyse the chosen topic extensively including necessary documents of international and EU law. I emphasize changes being...
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Termination of employment
Štang, Michal ; Vysokajová, Margerita (advisor) ; Hůrka, Petr (referee)
Labour relationship termination Abstract My diploma thesis deals with the "Labour relationship termination". I have chosen this topic because of the following reason - it is concerning every person who works as an employee or as an employer employs others. There is evidence that this topic is undoubtedly still current in wide and rich practise of courts on all levels of the court system, including the Supreme Court of the Czech Republic. The Supreme court of the Czech Republic takes part on covering of the labour relationship termination practise theme. I describe and analyse the topic of the labour relationship termination in my diploma thesis. I aim my focus on all legal ways of labour relationship termination. I highlight application problems in practise and suggest several de lege ferenda thoughts.
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