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Vaccination of employees
Herčíková, Tereza ; Štefko, Martin (advisor) ; Matějka Řehořová, Lucie (referee)
Vaccination of employees Abstract In her thesis the author looks at the topic of vaccination of employees. This issue is very actual, especially in the context of the recent pandemic of the covid-19 disease. Nevertheless, vaccination from the labour law point of view is a neglected topic in which many issues remain unresolved or interpreted contradictorily by the doctrine. The thesis besides an introduction and a conclusion consists of four chapters, in which a number of warnings about deficiencies in the legislation and suggestions de lege ferenda are presented. The first chapter of the thesis focuses on the legal regulation of vaccination against infectious diseases in the Czech Republic and its sources at the international and European level. The focus is mainly on the analysis of compulsory types of vaccination; however, the regulation of voluntary vaccination is not omitted. Furthermore, the conclusions of recent case law of the Constitutional Court and the European Court of Human Rights related to the compulsory vaccination are analysed and critically evaluated. The second chapter deals with the labour law aspects of vaccination. The author focuses on partial institutes of labour law and their application in connection with vaccination of employees. The chapter includes an analysis of the obligations...
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A Job Seeker and the Labour Office of the Czech Republic
Doušová, Jana ; Pichrt, Jan (advisor) ; Brádlerová, Libuše (referee) ; Štefko, Martin (referee)
A Job Seeker and the Labour Office of the Czech Republic Abstract The PhD thesis focuses primarily on the legal regulation of the Employment Act affecting the issue of job seekers within the activities of the Labour office, especially in the process of employment intermediation and in receiving unemployment benefits. The introductory theoretical interpretation of the fundamental social right guaranteed by the Charter of Fundamental Rights and Freedoms, i.e. the right to work, is followed by a treatise on unemployment and its development. A compact overview of this issue is given by a summary of the concept of employment policy in the Czech Republic and within the European Union and its state management within the Czech Republic. The main part of the thesis presents an analysis of individual provisions of the Employment Act from the practical point of view of the job seeker. It defines his rights and obligations starting by submitting an application for mediation of suitable employment to the Labor office register. These are discussed in detail in relation to the main instruments that the job seeker may encounter during registration, such as "appropriate employment", "serious reasons", "temporary incapacity to work", "non- conflicting employment", "illegal work", etc. The thesis contains a detailed analysis...
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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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Working Time Account in the Czech Republic and in selected EU countries
Flachs, Milan ; Štefko, Martin (advisor) ; Tomšej, Jakub (referee)
The topic of the diploma thesis is the institution of working time account in the Czech Republic and in selected countries of the European Union. Its aim is to carry out a detailed analysis of the Czech legal regulation of the working time account and a comparative analysis with the foreign legal regulation, as well as to present the author's de lege ferenda considerations and to increase awareness of this unappreciated method of scheduling working time. The thesis contains an introductory part, which is devoted to the topic of working time in its traditional concept, and which, beyond the general interpretation, contains an analysis of the case law of the Czech courts and the Court of Justice of the European Union. In addition, the author discusses some practical problems that arise in the field of working time. This part lays the foundation for the following text and the author uses the interpretation contained therein as a frame of reference for the purposes of the other parts of the thesis. The second part of the thesis focuses on the legal regulation of the working time account in the Czech Republic, both its current version and its historical development. It presents a detailed analysis of all aspects of the working time account, both in legal- theoretical and practical terms. It describes...
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Inspection of occupational safety and health protection
Sahula, Michal ; Štefko, Martin (advisor) ; Tomšej, Jakub (referee)
Inspection of occupational safety and health protection The topic of this diploma thesis is the conduction of inspection in the field of occupational safety and health protection (OSHP). The thesis aims to analyse the conduction of these inspection activities and the associated rights and obligations of individual entities that take part in this activity. Term conduction of inspection can be understood as conduction of inspection activities performed by an employer and associated subjects, employees and their representatives and inspection activities of administrative agencies with a focus on the conduct of inspection by the labour inspection bodies. The introduction briefly introduces term occupational safety and health protection and inspection. In the first chapter is described historical development of the term OSHP and inspection of OSHP. In the second chapter are listed elemental sources of legislation in the field of OSHP and inspection on the international level, level of the European union and domestic level. The third chapter is focused on the internal inspection of OSHP and is divided into two parts. The first one focuses on the description of the conduct of inspection activities by the employer and associated entities. The second part describes the rights of employees and their...
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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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Exceptionally reimbursable health services
Vopatová, Petra ; Koldinská, Kristina (advisor) ; Štefko, Martin (referee)
Exceptionally reimbursable health services Abstract The Charter of Fundamental Rights and Freedoms guarantees all insured persons the right to be provided with reimbursed health services and medical equipment on the conditions stated by law. The legislation is based on several laws, which define the insurance contributions, health insurance company's duties including the financial ones, and the extent of reimbursable health services and other conditions for the reimbursement. Due to limited financial sources available in public health insurance system the extent of reimbursable health services is limited. Nevertheless, there are exceptional cases when there is just one and only therapy suitable for the insured person. In these cases, the insured person has right to be provided with exceptional reimbursement of such health service even if it's not systematically reimbursed. The health care insurance companies, with some exceptions, are requested to approve that the situation is such and right to exceptional reimbursement exists. Health insurance companies have a duty to provide the best possible reimbursed treatment while maintaining the stability of the public health insurance system. Health insurance companies have to be able to interpret and evaluate in a legally appropriate way facts that originate in...
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