|
|
The transfer of an undertaking/business in Czech and European Labour Law
Reichmann, Lukáš ; Pichrt, Jan (advisor) ; Štefko, Martin (referee)
The transfer of an undertaking/business in Czech and European Labour Law The aim of my thesis is to thoroughly analyse the regulation of transfers of undertakings, businesses or parts of undertakings or businesses in the perspective of Czech and European Labour Law. The reasons for choosing this topic are my genuine interest in Labour Law and the fact that this area of Labour Law is relatively overlooked by most authors in the Czech Republic. Aside from the general introduction and conclusion, this master thesis will consist of three main parts, each of them dealing with different aspects of the topic concerned. The introductory part defines basic terminology used in the thesis and describes my motivation for choosing this topic. The first part gives a brief historical overview of the development in this area of Labour Law both in European Law and Czech Law. The second part deals with transfers of undertakings/businesses within European Law, so the Council Directive No. 2001/23/EC and the respective case law of the Court of Justice of the European Union are mostly discussed there. Therefore, this part focuses on various aspects of this topic such as legal transfer, merger or identity of economic entity. Then, several methods of the transfer of undertaking/business within the sense of the directive...
|
|
|
The formation and development of social security law in the territory of the Czech state
Pawlita, Lukáš ; Koldinská, Kristina (advisor) ; Štefko, Martin (referee)
The main theme of this thesis is to capture formation and development of the social security system that provides hedging of individuals against illness, invalidity and old age. The first modern form of the social security within the area of Czech state appeared at the end of 18th century in the form of so called Theresian and Josephinian pension normals. These normals were designed to secure retired state officers against poverty. In the late 19th century were adopted two important norms - law concerning accident insurance and law about sickness insurance for workers. Pension insurance program for workers, the largest social group, was established as late as 1924. The Social security system was split among several offices, also insufficiently hedged by steady incomes in wage-workers and miners insurance; as a consequence it led to indebtedness of the system. During the occupation period, the financial funds were devaluated, appeared some organization changes and the new way of conviction about suitability of whole-society pension and sickness insurance was applied. Modern law about national insurance from year 1948 was canceled during the totality era. The reason was to apply soviet model of social security. This state remained in existence with cosmetics changes till 1989. During the development of the...
|
|
|
Discrimination against certain groups of employees
Jenerálová, Nela ; Koldinská, Kristina (advisor) ; Štefko, Martin (referee)
Discrimination against certain groups of employees This diploma thesis deals with problems of discrimination and its legislation in labour relations in national, european and international law. At first, I describe discrimination in general, than I focus on discrimination based on age. The thesis is composed of seven chapters. The first chapter briefly defines basic terminology used in the thesis such as term "discrimination", describes prohibited reasons for discrimination, explains forms and types of discrimination, deals with the term "equality" and concentrates on various types of equality. Chapter Two examines relevant Czech legislation of this legal area. In the Czech republic, the prohibition of discrimination is contained in many legal standards. The third chapter concentrates on relevant international legislation of discrimination. It is subdivided into several parts and each part describes one important international act for protection against discrimination. Relevant european legislation is analyzed in chapter Four. Primary and secondary legislation are described in this chapter. But the most important part of this chapter is antidiscrimination judicature of European Court of Justice, which is subdivided into several parts according to types of decisions. Chapter Five illustrates the...
|
|
|
Employee privacy protection
Karlec, Jan ; Štefko, Martin (advisor) ; Morávek, Jakub (referee)
This thesis deals with the issue of privacy in the workplace. Employees expect to have some privacy at work, even when they are using the employer's equipment. On the other hand, employers need basic information about their employees and they have the right to know that work is being done properly and efficiently. Finding the balance between the interests of both sides is quite complicated and the disputes regarding privacy infringement in the workplace are often decided by highest courts. In concrete, this thesis deals with the processing of personal data in the employment context and with the surveillance of employees. The aim of this thesis is to provide a comprehensive overview of this issue and assess the current level of protection of privacy of employees in Czech Republic. The thesis is composed of nine chapters. The first introductory part of this thesis (chapters 2 - 4) describes the fundamental human right to privacy and personal data protection in general. Chapter Two characterises the right to privacy and chapter Three gives an overview of relevant legal sources. Chapter Four presents basic terms and principles of the processing of personal data under the Act No. 101/2000 Coll., on the Protection of Personal Data. The following chapter looks at collection of personal data before the...
|
|
|
Camera system in the workplace and its encroachment on personal rights of employees
Průšová, Aneta ; Morávek, Jakub (advisor) ; Štefko, Martin (referee)
The topic of this thesis is the legal regulation of camera system in the workplace and characterization of its encroachment on personal rights of employees. The main emphasis is put on conditions, which employer must fulfil to install a camera system in the workplace in compliance with the legal order of Czech Republic. Furthermore this thesis is devoted to issues of discreet surveillance and of defence of employee options in case of illegal monitoring. This thesis is divided into three following chapters. In the first chapter, technological development of video camera and its components as well its gradual using as surveillance equipment in public space and afterwards in private life of persons are described. This chapter deals with today's situation and number of video cameras in society, not only in Czech Republic but also in the whole world. Increasing amount of video cameras represents as its consequence a reason for legal disputes, especially neighborhood's legal disputes. Considering that mentioned fact, the relevant decisions of the Supreme Court illustrating attitude of judicature to camera surveillance are incorporated in the first chapter. The thesis' core is set in the second chapter, which is focused on concrete conditions of installation of camera monitoring in the workplace and their...
|
|
|
Grounds for termination of employment
Plch, Marek ; Drápal, Ljubomír (advisor) ; Štefko, Martin (referee)
This thesis deals with the issue of grounds for notice of termination of employment. It also analyses institutes that are closely related to this issue, like termination of employment in general, notice of termination and its requisites, protective periods, or employer's obligations that arise from notice of termination in certain cases. When evaluating and assessing the legislation it's necessary to keep in mind two legal principles, the principle of flexibility and the principle of protection of the weaker party (the employee). In the legislation of termination of employment and in labour law in general these two principles clash. One of the specifics of labour law is relatively rigid and enforced legislation that tries to equalize the inequalities in the employment relationship between employee and employer by, among other things, tying the possibility of the employer to terminate employee's employment on fulfilling particular material requirements. In practice, this legislation can be perceived as excessively restrictive. In particular, the thesis focuses more closely on these material requirements that need to be fulfilled in order for the employer to be able to terminate the employee's employment. The grounds for notice of termination themselves are defined exhaustively in the Labour Code and we can...
|
|
|
Flexicurity and its effects on the Czech labour law
Čapková, Martina ; Hůrka, Petr (advisor) ; Štefko, Martin (referee)
Flexicurity and its effects on the Czech labour law This diploma thesis deals with the topic of flexicurity and its effects on the Czech labour law. After the first chapter, which is focused on the common understanding of the basic concepts of labour law, concentration on the topic itself - the principle of flexicurity - is given. It is a concept that aims to achieve harmony between the flexible arrangements of subjects of employment relationships and the guarantee of a certain level of working conditions for employees. Also the basic elements of flexicurity are explained: employment flexibility and protection of employees. By the introduction to principles of flexicurity also the European Union position to this new concept is explained. The third chapter is focused on the effects of flexicurity in the Czech labour law. In this chapter, also the possible approaches for creating of the legal environment in compliance with principles of flexicurity are explained. This part also deals with the subjects of flexicurity, that can dispose of the flexibility as well as protection of the labour law. In the next section, the employment from the perspective of flexicurity is analysed, as the employment represents the most common labour relation. The chapter deals also with the institutions associated with the...
|
|
|
Occupational Health and Safety
Nováková, Barbora ; Tröster, Petr (advisor) ; Štefko, Martin (referee)
The thesis deals with the Occupational Health and Safety. The OHS can be described as a set of reciprocal rights and obligations of participants of the labour- law relations which in order to ptotect life and health, are aimed to ensure safe and healthy work, as well as rights and obligations between trade union and representatives in the field of the OHS and employers at solving problems of the OHS, and finally rights and obligations between authorities of state trade union control on one side and employers or employees on the other side while performing the control of the OHS. At the beginning of my thesis I deal with the OHS in general, I also pay attention to the legal concept of the OHS and to its historical development. Other chapters of this thesis deal with the specific issues as particular power of the chosen authorities of civil service in the field of the OHS and as well as the mere identification of danger and assessment of risks specialized in certain methods.. Specifically there are being solved the obligations of employers, rights and obligations of employees and their representatives. At the end of the thesis I introduce a particular arrangement of the OHS of one prosperous business company which produces and sells its own products. The aim of the thesis has been to give a summary...
|
|
|
Agency employment
Veselý, Tomáš ; Štangová, Věra (advisor) ; Štefko, Martin (referee)
This rigorous thesis deals with the topic of the agency employment and analyses and summarizes the legal development of this institution. It mainly focuses on the practice in Czech. This thesis is devided into eight chapters, when the main heart of the matter is described in the foutrh chapter. This chapter describes current legislation of agency employment from the point of view of private and public law. The following chapters deal with the practical aspects of agency employment, from the point of view of the user in general but also form the point of view of a particular agency on the Czech labour market. There has been also provided consideration de lege ferenda on a broader protection of temporarily assigned workers from the point of view of international labour law. The aim of this thesis is to complex view on the agency employment and its function in practice and legislative changes.
|
|
|
Atypical forms of employment
Kaše, Miloslav ; Štangová, Věra (advisor) ; Štefko, Martin (referee)
Mgr. Ing. Miloslav Kaše, CSc., Atypical forms of employment, Rigorous thesis, Charles University in Prague, Faculty of Law, Department of Labor Law and Social Security Law, Prague, 2017. Number of pages 134. The topics of rigorous thesis are some selected atypical forms of employment and flexible working arrangements that the Czech labor law not yet fully knows and uses. The chosen theme is based on current trends in labor law highlighting flexicurity as a mutual individual employment relationship between employer and employee, which through atypical forms of employment and flexible working arrangements allows the freedom and flexibility for the employer and the guarantee and protection by minimum labor standards on the part of the employee. This paper also briefly compares atypical forms of employment and flexible working arrangement with Slovak labor legislation. This paper describes and evaluates selected atypical forms of employment and flexible working arrangements - homeworking, job sharing, interim management, on call work, labor pooling and voucher system - both from the perspective of employers, who often promote greater freedom and flexibility of labor legislation and from the perspective of employees who are more interested in the introduction of atypical forms of employment and flexible...
|
guest ::
RSS feed.