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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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Employee's claims in the case of work accidents or occupational diseases
Špačková, Hana ; Drápal, Ljubomír (advisor) ; Morávek, Jakub (referee)
The topic of this thesis is employee's claims in the case of work accidents or occupational diseases, because the assessment and determination of damages is still an actual issue. The first part of the thesis deals with theoretical introduction and definition of terms which are material for the whole thesis. The first part defines the liability in labour law, the liability of employee and employer, work accidents and occupational diseases and mainly the employer's liability for damages and non-material damage caused by work accidents or occupational diseases to employees. The next chapter focuses on insurance which is obligatory for all employers who employ at least one employee. This insurance is important in case of the employer becomes liable for damage or non-material damage caused by work accidents or occupational diseases. The insurance is important especially for small and medium-sized employers for whom the compensation could be liquidating and could lead to the termination of their activities. The most importatnt chapter of the thesis is the chapter concerning individual types of employee's claims for damages or non-material damage which arise from work accident or occupational disease, or claims of survivors of employee in case of employee's death, and their assessment. The most...
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Employment disputes and labor disputes
Kalhousová, Viktorie ; Pichrt, Jan (advisor) ; Drápal, Ljubomír (referee)
This diploma thesis deals with two types of disputes under the Czech employment law - the employment disputes and the labor disputes. The main reason for choosing this topic of the thesis was partly due to author's personal experience with the employment dispute, the extensive judicial case law as well as some aspects of the solution of employment disputes before the court - especially the length of proceedings and the decreasing number of cases brought before the court. The first chapter of this thesis relates to procedural aspects of the employment disputes and the author analyzes the main differences between "ordinary" civil proceedings and the employment disputes proceedings. The basic difference is the appointment of the court in the employment disputes, especially the assessors, and the decision-making process of the panel of judges. The main focus of this thesis is a chapter dealing with the employment disputes about the invalidity of the termination of employment, especially focusing on the substantive legislation of each of the methods of the termination of employment and the basic conclusions from the case law of the general courts. Following the main chapter are also solved questions about employment disputes regarding the amount due of the wage and also the issue of disputes concerning...
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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...
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The concurrence of employment with function of the statutory body in the business corporation
Wejmelka, Radek ; Pichrt, Jan (advisor) ; Drápal, Ljubomír (referee)
72 SUMMARY The concurrence of employment with function of the statutory body was many times resolved in the practice and the judicature but almost after 25 years of judicature development there is no united view, whether the concurrence of employment with function of the statutory body is permissible under the Czech law or not. The main purpose of this thesis is to submit an analysis of this legal problematics in terms of commercial and labour law with overlaps into social security law and tax law with summary of the relevant judicature. The first chapter of this thesis is focused on the general definition of legal entities and natural persons. The second chapter follows up the performance of function of the statutory body in terms of commercial law particularly regarding the conditions and the rights and obligations of member of the statutory body. The third chapter mainly focuses on the employment in terms of labour law and on comparisons of the labour law and commercial law legal relationship. The fourth chapter provides an overview of historical development of the judicature regarding possible solutions found in judicature of High Court in Prague and Supreme Court of the Czech Republic and the arguments for and against the admissibility of concurrence of employment and function of the statutory body in...
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