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General duty of the employee to provide compensation for damage
Langhammerová, Šárka ; Drápal, Ljubomír (advisor) ; Morávek, Jakub (referee)
General duty of the employee to provide compensation for damage Abstract The diploma thesis deals with the institute of the general duty of the employee to provide compensation for damage. The employee's general duty to provide compensation for damage stipulates that the employee is liable to the employer for the damage he caused by breaching his or her duties in performance of work tasks or in direct relation to him. Undoubtedly, the issue is still relevant and highly frequent in practice. This institute of labor law is intended to ensure greater protection of the employee as the weaker party of the employment relationship. This advantage for the employee is justified by the nature of the employment relationship where the employee is in a dependent position, as well as the general social and social context. An employee, if he fulfills the preconditions of the general obligation to compensate for damage, has a more advantageous position compared to other pests, which are responsible for the damage according to the general regulation contained in the Civil Code. The thesis attempts to outline and answer important questions about the nature and application of the employee's general employer's liability for damages by using a descriptive, analytical, and comparative method. The work is divided into ten parts....
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Legal status of managers when terminating employment
Kodeš, Jan ; Drápal, Ljubomír (advisor) ; Morávek, Jakub (referee)
Legal status of managers when terminating employment This thesis deals with the topic of the legal status of a manager when terminating employment. The first chapter outlines the gradual evolution of a job position of an employee- manager in between the years 1918 to 2006 and shows conditions under which it was possible to terminate employment with an employee in a managerial position. The next chapter introduces the individual participants to the employment relationships that is an employee, manager and employer. The third chapter describes the two possible ways how to commence employment in case of a manager which is the appointment or the employment contract and defines all the requirements necessary to comply with so the employment is valid. The following chapter concentrates on the rights and obligations of ordinary employees and managers and the obligations of employers. Managers have the same rights and obligations as ordinary employees, but as they also have to fulfil the role of an intermediator between employer and ordinary employees, they enjoy additional rights and obligations. The fifth chapter focuses on the termination of employment of both managers and ordinary employees. The chapter illustrates in detail three ways how to terminate employment. Employment may be terminated by legal...
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Redundancy payment
Jeník, Marek ; Drápal, Ljubomír (advisor) ; Morávek, Jakub (referee)
The master's thesis deals with redundancy payment and other compensations that result from labour relations and service relations. The main task is a description of redundancy payment and notice reasons related to redundancy payment. The thesis describes redundancy payment in the Slovak Republic and compares it with redundancy payment in the Czech Republic. Compensation in the service relationship and officials of territorial self-governing units are discussed. The case law of the Supreme Court is included. The diploma thesis is divided into four chapters. The termination of employment is discussed in the first chapter. The chapter focuses on legal action towards termination of employment. The reasons for termination of employment under the Labour Code related to redundancy payment are described. The second chapter focuses on redundancy payment as the main topic of the thesis. The chapter contains definition and purpose of redundancy payment. The legal redundancy payment and its amount are defined. Further, the calculation of redundancy payment is explained. There is also an explanation of contractual redundancy payment where the parties can agree on redundancy payment. The third chapter describes the termination of employment, redundancy payment under the Slovak Labour Code. It also compares the...
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The liability of the employee for the damage caused to the employer
Drahovzal, Jaroslav ; Bělina, Miroslav (advisor) ; Drápal, Ljubomír (referee)
The rigorosum thesis is focussed on the responsibility of an employee for damages caused to the employer. The work firstly describes the problem of the law responsibility in general and then responsibility for the damage. The main part of this work is shaped by the description of individual kinds of the responsibility of an employee for the loss and by the question of the extend of compensation. Attention is also paid to the prevention of the damage, labour law of the European Union and the options of the employee to insure against liability for any material damage caused to the employer.
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Compensation for the bereaved in the case of work accidents and occupational diseases
Pivničková, Kateřina ; Drápal, Ljubomír (advisor) ; Morávek, Jakub (referee)
Compensation for the bereaved in the case of work accidents and occupational diseases Abstract The topic of my diploma thesis is compensation for the bereaved in the case of work accidents and occupational diseases. It is a topic with a relatively settled legislation and a subject which is present - nevertheless, ground-breaking changes in this issue cannot be really anticipated any more. Introductory part of my thesis deals primarily with a theoretical definition of a term liability and liability in labor law. It deals with the conditions of inception of liability, the reasons that allow release from liability and finally, with the obligation of an employer to compensate damages or non-material damage in the cases of work accidents and occupational diseases. I also devote myself to define terms work accident and occupational disease, and for better understanding and explanation of disputable questions, I refer to judicature of the Supreme Court and the Constitutional Court. The mainstay of my thesis is dedicated to the particular types of compensation provided either directly to the aggrieved employees as the consequence of work accident or occupational disease, or to the bereaved in the case of death due to the work accident or occupational disease. I also compare the labor law regulation to the...
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The termination of employment by agreement
Motyčková, Marie ; Drápal, Ljubomír (advisor) ; Štefko, Martin (referee)
This diploma thesis provides the legal regulation of termination of employment by agreement in the Czech Republic. This diploma thesis focuses on the definition of the basic concepts of civil and labor law in the Czech Republic, which are related to the legal institute of Mutual agreement of termination of employment and interprets the fundamental judicial decisions of the Czech case law concerning the subject of this diploma thesis. This diploma thesis also analyses the comparison of the Czech legislation and the legislation of Great Britain. Název práce v anglickém jazyce The termination of employment by agreement Klíčová slova v anglickém jazyce (key words) Employment law, Employment relationship, Termination of employment by agreement
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Reasons for termination of employment
Karlová, Zuzana ; Drápal, Ljubomír (advisor) ; Morávek, Jakub (referee)
Reasons for termination of employment Abstract The topic of the diploma thesis concerns the reasons for the termination of the employment relationship. The aim of the thesis is to analyse thoroughly the reasons for termination in the light of legal regulation as well as the case law, but the aim of the thesis is also to reveal possible legal deficiencies and possible proposals for its de lege ferenda solutions. The actual text of the work outside of the introduction and the conclusion is divided into 4 chapters. The first chapter defines the basic concepts of labour law, its function and its position within the system of law, especially its relation to civil law. The second chapter deals with general employment and termination of employment. At the beginning there is a brief discussion about the employment relationship and its origin, including its subjects, and a list of all ways of terminating the employment relationship and more precisely characterized selected ways of termination of employment, including the termination of employment contract, the probationary period, the immediate cancellation of the employment relationship and, last but not least, the collective redundancies. The third, most extensive, chapter is the core of the entire thesis and is divided into several subchapters. These deal with...
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Labour disputes
Hemerka, Tomáš ; Pichrt, Jan (advisor) ; Drápal, Ljubomír (referee)
Labour disputes Abstract The aim of this thesis called "Labour disputes" is to provide a comprehensive overview of the labour disputes problematic. The diploma thesis deals with individual labour law disputes and collective labour law disputes and possibilities of their solution under the Czech law. The thesis also compiles the excursion to labour law disputes in Japan. The reason for choosing this theme was author's finding about extremely low amount as well as the very slow solution of labour law disputes contrary to other disputes solved in the ordinary civil procedure. One of the author's goal was to analyze a reason of these phenomenons. The diploma thesis is divided into four chapters. In the first chapter author presents introduction to the topic and explains the basic terms. The second chapter critically evaluates the existing mechanisms for the resolution of labour law disputes and points out the reasons for their low amount and very slow solution. The purpose is to show possible solutions of the problematic aspects. It is also necessary to state, that here are mentioned the possibilities of alternative disputes resolution as well as the proposals for law-makers. The following and key chapter is dedicated to selected individual labour law disputes. There are analyzed various disputes related to...
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Claims arising from invalid termination of employment
Holubová, Veronika ; Drápal, Ljubomír (advisor) ; Morávek, Jakub (referee)
Claims arising from invalid termination of employment Abstract The aim of this Master thesis is to analyse legislation concerning the invalid employment termination, to distinguish the invalid employment termination from putative employment termination established by Act No. 89/2012 Coll., Civil Code, as amended, and especially to summarize the legislation and case law concerning claims arising from invalid employment termination. The introductory chapter contains the aims of this thesis and represents the reasons why I think this topic is still relevant. Chapter two explains the employment briefly. Chapter three provides the brief introduction to employment termination and individual subchapters present the essentials of individual types of employment termination. Chapter four analyses invalid employment termination, and relation between the Civil Code and Labour Code and defines conditions necessary to qualify the employment termination as the act. Subchapter two analyses putative employment termination and its results in employment termination field. Subchapter three concerns the invalid employment termination, distinguishes between the void termination and voidable termination and represents its grounds. Chapter five summarizes selected aspects of court proceeding. Particular subchapters therefore...
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Industrial injury and occupational disease
Hoffmann, Matouš ; Drápal, Ljubomír (advisor) ; Štefko, Martin (referee)
This diploma thesis is dealing with issues of employer's liability for industrial injuries and occupational diseases and from that consequent obligation to compensate damage or non- material damage, through individual types of compensation. The first part provides a brief excursion into the development of the legislation on industrial injuries and occupational diseases and deals with the question of mandatory statutory insurance of the employer, implemented through two private insurance companies. The second part of the diploma thesis deals with the circumstances, which lead to emergence of employer liability for industrial injury. Substantial space is dedicated to situations where it may not be obvious at first sight that an industrial injury may occur. The industrial injuries resulting from teambuilding, business trip and injury originating from myocardial infarction are discussed in more detail. Further, here are defined the facts leading to the partial or total deprivation of liability by the employer. These facts are recklessness, own fault violation of regulations or instructions and drunkenness or misuse of addictive substances. The third part concerns with conditions under which the employer is liable for occupational diseases. The fourth part deals with individual types of compensation to...
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