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Leave focused on practical problems
Valentová, Martina ; Hůrka, Petr (advisor) ; Štefko, Martin (referee)
The rigorous thesis "Leave focused on practical problems" is considered to the rules for leave in labour law of the Czech Republic. The thesis contains the international law of leave (including the judgement of the Court of Justice of the European Union).The author explains the different types of leave, the principles of taking leave and providing the holiday pay. One Chapter concentrates on the law of leave in Germany. The reader can be informed about the development of the law of leave in the Czech Republic. The thesis contains practical examples.
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Termination of employment contract
Antošová, Markéta ; Štefko, Martin (referee) ; Hůrka, Petr (referee)
in English The objective of the thesis rests in analysing the problems of the termination of the employment contract as per the Czech law. The ambition of this thesis is also to research and assess whether the Czech law fulfils an adequate protection of employees' interests in the present working environment in diffident conditions and under all and any circumstances and whether such protection is in balance with legitimate employers' interest to keep the working process development or enable its termination. The thesis is divided into five parts. The first part deals with legislation development and present legislation, principle and forms of the termination of the employment contract. The second part describes the termination of the employment contract by the Labour Code, i.e. a bilateral or unilateral will of one of the entities of the employment contract, which results in the termination of such employment relation. The events which result in the termination of the employment contract are outlined in the third part. The fourth part then supplements the thesis by all any other aspects relating to the termination of the employment contract. In the last part, the author deals with the situations when the employment contract is terminated invalidly. In conclusion, the author expresses her opinion...
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The liability of the employee for damage in theory and practice
Jouza, Jan ; Koldinská, Kristina (advisor) ; Hůrka, Petr (referee)
The liability of the employee for damage in theory and practice The purpose of this thesis is to analyse the national legislative framework and highlight the differences between theory and practical application of the employee's liability for damage caused to the employer. The reason for my research is based on the fact that the importance of this issue is increasing driven by the fact that more people are employed with the multinational corporations. And there is an obvious trend to broadly interpreted, unilaterally extend and refine duties of the employees to such an extent that it is appropriate to raise a question, whether these approach is still in accordance with the law. Especially due to the fact, that such duties are often bound by sanctions in the form of claiming damages or even termination of the employment by notice. While the Labour Code in its general provisions clearly states that the adjustment of the employee's duties may only be stipulated as a result of bilateral legal negotiations. The thesis is composed of nine chapters, some of which are further internally divided into sub- chapters. Chapter One is introductory and contains my considerations of the importance of Labour Law, examine its historical development in recent decades and its current status within the national legislative...
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Health and safety at work
Šimková, Kamila ; Tröster, Petr (advisor) ; Hůrka, Petr (referee)
Health and safety at work The topic of the diploma thesis is Health and safety at work (HSW). The topic has been chosen for its importance and topicality. The diploma thesis is structured into eight chapters. The first chapter gives a characterization of HSW. Safe and healthy working conditions are protecting employees and other people against harm to their health and safety. Ensuring of HSW is significant to employees, employers and society in general. The second chapter describes the history of HSW. The third chapter deals with the main legislation provided for the health and safety of people in the workplace. There are also described international organizations and their legal provisions in connection with HSW. The fourth chapter discusses the rights and obligations of both employers and employees. Employers have the primary responsibility for ensuring HSW. On the other hand, employees have to take reasonable care to protect their health and safety and the health and safety of other people in the workplace. Employers have a duty to cooperate with employees, or their representatives, on health and safety matters. There are also described rights of trade unions and representatives of employees in HSW. The fifth chapter describes further conditions for ensuring HSW. The sixth chapter discusses the...
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Personal rights of employees
Pour, Zdeněk ; Morávek, Jakub (advisor) ; Hůrka, Petr (referee)
73 Abstract Thesis title: Personal rights of employees This thesis deals with personal rights of employees, particularly it aims at issues associated with privacy rights, secrecy of correspondence and personal data protection. It is a very relevant and dynamically developing branch of labour law linked to the development and expansion of the application of modern communication technologies in all areas of human activity. The thesis itself consists of four main chapters. The first chapter discusses personal rights of employees as a category of basic human rights. It analyzes elements from which the personality rights consist of, i.e. which partial rights are included and what are their relations with each other. Simultaneously, this chapter examines all of the main relevant laws, which apply on the issue in question, in descending order determined by their legal force. The aim of the second chapter is to analyze section 316 of the Labour Code which is the main provision that governs monitoring of employees at work, particularly its admissibility, conditions and information duties of an employer. This chapter also deals with the interpretation of the admissibility or inadmissibility of concealed surveillance and the weakness of the current legislation which is caused by the lack of sanctions for breach of...
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Liability for damage regarding occupational accidents and illness
Vodička, Oto ; Štefko, Martin (advisor) ; Hůrka, Petr (referee)
The liability of an employer for damages caused by industrial accidents and occupational diseases Resume This graduation thesis deals with the topic of the liability of an employer for damages caused by industrial accidents and occupational diseases. It is conceived as the compilation of regularization, theory of the notable experts in this field, interpretation of the practice of the Supreme Court, examples from practice and of my own remarks which I try to offer to a reader in each chapter. The wide variety of topics is solved in the thesis, starting with the liability of an employer for damages, continued with labour-law relations, and ending with compensatory damages. Also the explanation of the terms is not forgotten. The extensive changes in the legal order of this topic will be implemented soon. I deal with this fact in the thesis, and I try to explain the main news we are expecting probably in 2013. My aim is to make the thesis available not only to the professional public but also to non-specialists without law education who can get awareness of the topic after they read the thesis. I would like the thesis to serve them as the manual in case of an industrial accident or labour disease.
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The right to strike and lock-out
Hlůšek, Vítězslav ; Hůrka, Petr (advisor) ; Štefko, Martin (referee)
THE RIGHT TO STRIKE AND LOCK-OUT ABSTRACT The content of this thesis is to outline the issue of strikes and lock-outs in the Czech republic, both in terms of current legislation, as well as in future ones. On previous pages I try to describe strike actions from the historical and economic points of view, but I also try to compare their individual characters within the EU countries and to accent their specific features and patterns, which are typical for the state or region. I spent an essentional part of my work by studying strikes not modified by acts and the questions of their legality. I gradually evolved into a full knowledge of complete state of freedom of association in our country because of Judicial decisions I didn't know before. I drew my conclusions primarily from literature, articles from distinguished academics and renowned experts and of course from court cases. The importace of legislative was relative because the lawmaker did not fully explore this area. I describe strikes and lockouts as a general phenomenon, whose presence is desirable in every developed community. But I also realized the individual typological aspects of employment law entities. I tried to create work that consistently includes the full scope of relationships and contained all eventualities that come with the right to...
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Flexible forms of employment
Bajerová, Zdeňka ; Pichrt, Jan (advisor) ; Hůrka, Petr (referee)
This rigorous thesis entitled "Flexible Forms of Employment" analyses different types of employment with flexible features with regard to the current, valid legislation and de lege ferenda. A brief analysis of these forms of employment in Slovak legislation will also be carried out.
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Flexible forms of working hours
Fejfárek, Martin ; Hůrka, Petr (referee) ; Štefko, Martin (referee)
- Flexible forms of working hours This diploma thesis, in a broader context, represents the issue of flexible forms of working hours. Flexibility of working time is an important part of flexibility of labour law and also of flexibility of the whole labour market. Regulation and practical use of flexible forms of working hours are current issues and the aim of this thesis is to provide comprehensive but clear explanation of these issues. As theoretical bases, the thesis includes parts focused on selected legal principles, international and national regulation of working time and the concept of flexibility. The main part of the thesis is divided into three sections, of which the first one deals with the practical use of flexible forms of working hours, the second one presents particular forms of working hours which are regulated in the Labour Code and the third one is devoted to flexible forms of working time, regulation of which the Labour Code does not include.
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Position of union organizations in employment relations
Kožmín, Petr ; Hůrka, Petr (referee) ; Vysokajová, Margerita (referee)
The aim of the degree paper titled "Position of union organizations in employment relations", is to show the position of union organizations as the representatives of employees in the system of labour law in the Czech Republic. The author attempts to clarify the method of originations of associations of citizens and the conception and basic principles of their working. Individual principles are analysed in detail - they include the freedom of association, protection of economic and social rights and interests, legal and economic independence of trade unions. Significant part of this degree paper is dedicated to collective labour law, explaining the basic principles of the discipline of labour law, subjects of the collective labour law and content of the collective employment relations. The content of the collective employment relations is described in detail and includes the right to be informed and to discuss, rights to co- decide, right of control, right of collective bargaining and right to participate in legislative process. The ultimate solution in case of disagreement in the process of collective bargaining is the possible solution of the emerged situation using the ultimate means, either a strike on one side or a lay-off on the other side. Both these terms are also clarified in detail and their...
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