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New regulations on the coordination of social security in the EU - basic principles and coordination of sickness benefits
Janalík, Václav ; Koldinská, Kristina (referee) ; Štangová, Věra (referee)
It has been almost one year since the new Regulations No 883/2004 and 987/2009 came into force on 1.5.2010. These regulations replaced the former Regulations No 1408/71 and 574/72, which had been laying down the rules for coordination of the national social security systems for almost 40 years. As the extent of issue is relatively huge I have focused only on some aspects of coordination. The first chapter concerns the general concept of coordination and the sources of coordination law. It also includes the detailed description of personal and material scope of regulations. One part of this chapter is dealing also with some of the new concepts included in the regulation. The second chapter describes the basic social security coordination principles, ie. the principle of equal treatment, the principle of single applicable legislation, the principle of exporting the benefits and the aggregation principle. In addition to these four basic principles mentioned above new rule for the assimilation of facts is described. This is in fact a new principle, previously applied only on the basis of case-law. The third chapter focuses on organizational aspect at both EU and national levels. There are lists of all relevant bodies included together with description of their roles and responsibilities. The fourth chapter...
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Artistic, cultural, advertising and sports activities of children
Stehlíková, Barbora ; Štangová, Věra (advisor) ; Vysokajová, Margerita (referee)
The topic of this thesis is artistic, cultural, sport and advertising activity of the child. Firstly, the attention is paid to the development of the protection of the child labor and to the detailed international regulation. The thesis deals with the most important international documents signed within the framework of international organizations, such as the UN, Council of Europe and International Labor Organization. Next chapter focuses to the European regulation, in particular Council Directive no. 94/33/EC on the protection of young people in work. In the following chapter the thesis is focused on the detailed analysis of the legal regulation in the Czech Republic. The final chapter is a brief overview of the legal regulation of the children activities in France. The goal of this paper is to provide a comprehensive overview of the legal regulation of the child artistic, cultural, sport and advertising activity in the context of historical and international development.
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The institution of obstacles at work under Czech labour law
Čepelová, Olga ; Vysokajová, Margerita (advisor) ; Štangová, Věra (referee) ; Brádlerová, Libuše (referee)
in English Obstacles to work as a set of legal facts have fundamental influence on employment relations and concern each and every employee as well as employer (correlatively). The goal of this thesis was to explore this area of employment law thoroughly and to indicate individual rights and duties of both parties in employment relations, including those which surpass the Labour Code and its implementing legislation. This was to be accomplished by providing a comprehensive treatise on the subject with solutions to possible unexpected situations not covered in the Labour Code. Obstacles to work are defined as legally acknowledged circumstances that - on the part of the employee - impede or forbid the performance of work, and - on the part of the employer - impede or forbid the assignment of work, in cases when the employee"s absence from work is excused by the employer in compliance with the terms stated by employment laws, internal regulations or employment contract. Compensatory wage or salary and conditions of payment to idle workers are determined by the above-mentioned documents. The introduction of this doctoral thesis deals with the reasons why this particular topic was chosen and introduces Eurostat"s surveys which are further analyzed to the details. The main objective of this thesis is to...
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Social security and legal protection connected to maternity in the Czech Republic and the European Union
Balvínová, Petra ; Štangová, Věra (advisor) ; Zemanová, Jana (referee)
Social security and legal protection connected to maternity in the Czech Republic and the European Union The thesis gives an updated overview of the current situation for pregnant women, women on maternity leave and parents on parental leave, including the protection of their rights provided by the employment laws in the Czech Republic and the European Union. It aims to reflect the changed situation due to current crucial changes in the law. The thesis is composed of an introduction, the main text and a general summary. The main text is divided into two parts, first part deals with the Czech legislation and the second part with the European law and its impact on the national laws of the member states. It covers the development of social policy issues both in the Czech Republic and at the European level and continues discussing current legislation concerning maternity leave and benefits, parental leave and benefits, paternity leave, maternity grants and also the labour protection of pregnant women, breastfeeding women and parents with young children. It also compares national legislation of member states regarding maternity and parental issues.
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Termination of the employment relationship with particular emphasis on the notice of termination
Moravcová, Vanda ; Štangová, Věra (advisor) ; Brádlerová, Libuše (referee)
The purpose of my thesis is to provide a summary of the legal regulation and points out legal problems connected with the employment relationship termination. It provides a comprehensive description and an evaluation of the impact of the legal regulation on a common life of a personal/legal entity. Legislation is explained not only in terms of labor law contained in the Labor Code but also with regard to other legislation dealing with the various legal institutes. The thesis is composed of seven chapters, the introduction and the conclusion. Chapter One is introductory and defines basic terminology used in the thesis: the term of employment relationship, the subject, the object and the content of the relationship. The interpretation is essential for understanding the following chapters relating directly to the termination of employment relationship. Chapter Two examines relevant Czech legislation, and deals with the specific methods of termination of employment which are further divided into: legal acts, legal events and the termination of the relationship on the basis of official decisions and the termination of the relationship in some specific cases. The main matter is discussed in chapter Three. The concept of termination is a legal act on its grounds the relationship terminate after an...
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Termination of employment relationship
Vitouš, Alan ; Štangová, Věra (advisor) ; Brádlerová, Libuše (referee)
Employment, termination of employment, notice of termination of employment, termination of employment agreement The thesis is focused, inter alia, on the summary and research of all relevant legal provisions related to employment and termination of employment. It also means that the scientific method used for the thesis is the analytical one. Quite logically, the thesis is not a mere compilation. There will be also formulated at appropriate points attitudes and opinions of the author of the thesis related to the issue of termination of employment and the individual ways of termination of employment. In addition to the analytical method, there will be also used the comparative method to compare the existing legal provisions to the former legal provisions. Finally, the attention will be paid to de lege ferenda. The thesis is divided into the introduction and 18 chapters, conclusion and list of references.
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Working hours
Fialová, Lenka ; Vysokajová, Margerita (advisor) ; Štangová, Věra (referee)
Working hours The aim of this thesis that I set was a comprehensive analysis of the working hours issue. The main purpose was to summarize this area of labor law while taking into account the Labour Code amendment which came into force on 1st January 2012. The changes in the related legal terms were also included into this thesis because of the mentioned changes. The thesis is composed of three chapters. Chapter One deals briefly with history of Labour Law and regulatory development. Author`s intention was to outline the process which led to the current form of working hours regulation. Chapter Two focuses on contemporary working hours regulation contained in the Law no. 262/2006 of the Statute book - the Labour Code. The author describes legislative amount of working hours and schedules of working hours. Chapter Two is subdivided into seven parts which focus on related legal terms such as time of rest, overtime work, night work and standby duty. The last Chapter concentrates on contemporary progress on the field of working hours regulation which was influenced by the negative impacts of economic situation. It resulted in forming alternative flexible forms of employment. These new trends are consequences of employer`s need to respond flexibly to market changes. That is the reason why we can more...
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Modes of termination of employment
Zemanová, Kateřina ; Štangová, Věra (advisor) ; Vysokajová, Margerita (referee)
The methods of terminating employment Abstract This diploma thesis primarily purports to describe and summarize individual methods of terminating employment in the Czech Republic with an emphasis on legal acts leading to and resulting in employment termination. As a result, this thesis includes applicable case law of the Czech Supreme Court. I further focused on recently adopted Act No. 365/2011 Coll., which amends the Labour Code, and the resulting changes impacting the area of employment termination. The primary sources I applied to this thesis include Act No. 262/2006 Coll. the Labour Code, applicable rulings (case law) by the Czech Supreme Court, and specialized literature, including articles in legal magazines. This diploma thesis consists of three main chapters. The first chapter is a glossary of basic terms and expressions relative to employment termination. The second chapter is the key chapter and deals with legal acts to be taken to terminate employment. The first section of the first chapter describes an employment termination agreement, including the related requirements and a review of applicable law. The second section deals with employment termination notices, including the related requirements, the notice period, grounds for notice, and protection against being served a notice. I also pay...
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Welfare of women during pregnancy and maternity
Mlčochová, Kateřina ; Štangová, Věra (advisor) ; Vysokajová, Margerita (referee)
Analysis and evaluation of positive law of benefits which are drawn by people in the Czech republic was my main intention. The result of frequent amendments is questionable interpretation of particular provisions and decline of legal certainty, because neither instructed employees who work in employment offices or in others can help general public. In the Czech republic there is a stronge social-democratic feeling from interwar period that is receding from the reality of our lives. Quick economic changes during 90'caused admission of liberal measures. These consequences carried into effect, that Czecch family policy of the begining of this millenium is a combination of various wals, very difficult to be classify. On the one hand I see a problem in current concepts of role of the family by young people because it devaluates gradually which you can notice in a big amount of divorces, fall of marriages, in a way to postpone pragnancy, drop of new-born babies etc. On the other hand it is necessary to say, that in fact, there is still distrust in a case to employ mothers of small children and that's why i tis very difficult to join both, care about family and building of career. Compared with other developed countries employers placed in the Czech republic offer parents who would like to work for, still few...
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