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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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The main principles of the development of pension insurance in the territory of today's Czech Republic from the end of the 19th century to the present
Hrdý, Milan ; Štefko, Martin (advisor) ; Fischerová, Iva (referee) ; Lang, Roman (referee)
The doctoral dissertation "The main principles of the development of pension insurance in the territory of today's Czech Republic from the end of the 19th century to the present" deals with the issue of the historical development of pension insurance in the territory of today's Czech Republic from the end of the nineteenth century to the present. The main principles of the development of the pension system in the given period were identified and the analysis was performed mainly in terms of the personal and material scope of insurance, insurance obligations and briefly also in terms of the organizational security of the pension system. This analysis was carried out in four selected periods, in the period before the establishment of the independent Czechoslovak Republic, in the period from 1918 to 1945, in the period from 1945 to 1992 and from 1993 to the present within the independent Czech Republic. At the end of the work, the relevant findings from this historical development were summarized and with their use the author's own proposal for the development of the pension insurance system in the Czech Republic in the future was presented. The stabilized material and personal scope of the pension insurance must be maintained, as well as high-quality of the procedural security, including a sophisticated...
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Non-discrimination and equal treatment in Employment relationships in the Czech Republic and in selected EU countries
Hájková, Michaela ; Bělina, Miroslav (advisor) ; Fischerová, Iva (referee) ; Štefko, Martin (referee)
Non-discrimination and equal treatment in Employment relationships in the Czech Republic and in selected EU countries Abstract Principles of equality, respectively equal treatment and prohibition of discrimination, are prominent in public discourse as well as in practical life, specifically in relationships between employees and employers. It is typical that these principles and their precise content and scope may vary in accordance with cultural, local and historical contexts. In the Czech Republic, arguments relating to equal treatment and prohibition of discrimination in employment relations are not very often heard and resolved by courts; that however does not mean that problems relating to unequal treatment or discrimination would be absent. Employment laws are in many respects driven and influenced by European Union law; ban on discrimination is subject to regulation by a number of Directives, which each Member State must transpose into its national legal framework. When these national laws are interpreted and applied, the primary concern must rest in maintaining consistency with the original regulation while considering any relevant case law passed down by the Court of Justice of the European Union. For the same reasons, it may be interesting to compare, from legislative standpoint and in application...
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Compensation of Pecuniary and Non-pecuniary Damage Caused by Occupational Injury or Occupational Disease
Demová, Kateřina ; Vysokajová, Margerita (advisor) ; Morávek, Jakub (referee) ; Fischerová, Iva (referee)
1 Compensation of Pecuniary and Non-pecuniary Damage Caused by Occupational Injury or Occupational Disease Abstract The thesis deals with the topic of compensation of pecuniary and non-pecuniary damage caused by occupational injury or occupational disease whereas its main sources comprise of Czech and foreign literature and mainly of vast range of court decisions. The introduction researches the topic of concept of damage compensation as a part of tort law, both from the general private law and specific labour law perspective. Further, the dissertation explores the historical development of the legal rules concerning compensation of damage caused by occupational injury or occupational disease focusing on the most significant legal regulations valid on the territory of the Czech Republic. The brief summary concerning subjects of the relevant liability closes the introduction part of the thesis. The merits of the dissertation cover detailed research of assumptions of the liability of employer for damage caused by occupational injury or occupational disease, i.e. detailed research of the terms "damage" (pecuniary and non-pecuniary), "occupational injury", "occupational disease" and "causation" between damage and occupational injury or occupational disease. Although fault does not belong to the assumptions of...
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Termination of the employment relationship by the employer
Mls, Tomáš ; Koldinská, Kristina (advisor) ; Fischerová, Iva (referee) ; Morávek, Jakub (referee)
Termination of the employment relationship by the employer Abstract The dissertation focuses on termination of employment relationship under Act No. 262/2006 Coll., Labour Code of the Czech Republic, namely termination by the employer. It therefore focuses on the notice of termination of the employment relationship, the immediate termination of the employment relationship, the cancellation of employment relationship during the probationary period and the closely related issue of invalidity of the above legal acts. The dissertation is divided into a general part and a special part. The general part (1-3) first gives an overview of the basic features of the applicable legislation on termination of employment relationship by the employer and considers its function (purpose), then offers a brief insight into the legislation regarding termination of the employment relationship by the employer in the Republic of Austria, the Federal Republic of Germany and the Slovak Republic and finally briefly summarizes the starting points of alternative approaches to termination of the employment relationship. The main focus of the dissertation is the special part (4-7), which focuses on the notice of termination, the immediate termination, the cancellation during the probationary period and the invalidity of the above legal...
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Selected aspects of pension reform in the Czech Republic
Kaše, Miloslav ; Štangová, Věra (advisor) ; Vysokajová, Margerita (referee) ; Fischerová, Iva (referee)
JUDr. Ing. Miloslav Kaše, CSc., Selected Aspects of Pension Reform in the Czech Re- public, Doctoral Thesis, Charles University, Faculty of Law, Department of Labor Law and Social Security Law, Prague, 2020. Number of pages of doctoral thesis is 205. The dissertation topic evolves around certain selected aspects of the pension reform in the Czech Republic, which is the most discussed in the preparation phase of the Czech pension system reform. The chosen topic acknowledges the current problems of the Czech pension system, consisting mainly of the unfavorable development of demographic struc- ture and population aging, which is characterized by a large and irregular number of peaks and troughs on the demographic chart of the Czech Republic, connected to historical events and migration. The thesis focuses on the issue of developing and determining the retirement age and insurance coverage required for entitlement to pension and analyzes the pitfalls of increas- ing the retirement age and the length of insurance coverage required to qualify for a retirement pension. At the same time, it considers the possibilities of establishing an ad- justable retirement age range and flexibility of the whole pension system. The possibility of active economic earning vitality of pensioners is closely related to the...
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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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The Creation of employment
Vonka, Mojmír ; Štangová, Věra (advisor) ; Fischerová, Iva (referee) ; Štefko, Martin (referee)
The Creation of employment Abstract (in English) The topic of this dissertation is the creation of employment. Employment is undoubtedly by far the most important, and in practice, the most widely used employment relationship. Therefore, the topic of employment creation is still current, socially important and piques the interest not only of the professional but also of the general public. Employment is the basic and also the most common employment relationship (labour relationship). It is the means through which the employer hires manpower for the execution of particular tasks, and for the employee, it is then a source of income to provide for his needs. Thus, an employment relationship represents a contractual and binding relationship in which one participant (employee) undertakes to perform paid work for the other participant (employer). The main goal of this dissertation is a detailed analysis of the Characteristics of issues related to employment in an effort to determine whether the legislation on employment meets the current needs of this legal issue. In addition it analyzes shortcomings and formulates amendments or proposals de lege ferenda. The structure of this dissertation also corresponds to the above stated goal. This dissertation characterizes the position of labor law in the legal system and...
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The Employer's Responsability for the Damage Caused to Employee by Work Accidents and Occupational Diseases
Klíma, Pavel ; Štangová, Věra (advisor) ; Vysokajová, Margerita (referee) ; Fischerová, Iva (referee)
v anglickém jazyce The dissertation thesis deals with a very substantial and permanent part of the labour law's field and labour law-related and the other connected relationships, i.e. the issue of the work accidents and occupational diseases, mainly from the perspective of that arised reponsability's relationship, resp. the employer's obligations to damages' compensation in relation to employee and his individual rights (claims) to the damages' compensation due to the incurred accidents in the form of a work accident or occupational disease. The author's impetus to the choise of the working accidents and occupational diseases' topic (resp. the employer's responsability for damages caused to emploees due to working accidents and occupational diseases) for the purposes of the dissertation thesis is owed to (permanently) a very substantial importance of the issue in the terms of labour law-related relationships and generally and essentially society-wide relationships, even if in despite of a very substantial importance of the issue the expert's litterature to the issue of the working accidents and occupational diseases is not to be considered as sufficient. The purpose of the dissertation thesis to analyse and evaluate the actual state of the legal regulation regarding the working accidents and...
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