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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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The principle of solidarity versus the principle of equivalence in the Czech social security law
Koutník, Michal ; Koldinská, Kristina (advisor) ; Vysokajová, Margerita (referee)
The principle of solidarity versus the principle of equivalence in the Czech social security law. This thesis deals with the principles of solidarity and equivalence in social security. The aim is to describe the importance of solidarity as a fundamental basis for the foundation of modern social security and to compare it with the principle of equivalence, which is often placed in contrast to solidarity. The work defines both principles generally and to capture their specific manifestations it focuses on pension security. The work consists of an introduction, two chapters which are divided into subsections, and a conclusion. The first chapter deals with both principles generally, describing their historical development and outlining ideas of selected domestic and foreign authors who have dealt with the principles in question. This chapter also summarizes the important jurisprudence of the Constitutional Court in the area. One of the subsections is dedicated to the principle of justice which is a principle closely related to the main principles in question. The second chapter is focused on pension security in the Czech Republic. It follows in detail the genesis of legal regulations of pension security in the Czech Republic in terms of the principles in question. It characterizes the current legal...
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Relations of medical staff and their patients
Štěpánová, Pavlína ; Tomeš, Igor (advisor) ; Koldinská, Kristina (referee)
This diploma thesis is called "Relations of Medical Staff and Their Patients." The first part of this diploma thesis deals with patients' rights, their genesis, and the legislative base. It also includes disordered patients, whose patient's rights should not be forgotten during their hospitalization. A large part of my thesis consists of psychological, economic, legal and organizational system limits of the realization of these rights. This means relationship between a doctor and his patient, the source of health care funding, above standard medical care and the privatization of hospitals. The final part of this thesis focuses on the interaction between health professionals in social work and the patients. This thesis is enriched by an interview with the leader of social workers of a hospital in Prague, discussing new patients' right: right on a social worker.
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Basic principles and the coordination of old-age and survivor's pensions according to Regulation (EC) No 883/2004 of the Council, on the coordination of social security systems
Vidovičová, Dominika ; Zemanová, Jana (referee) ; Koldinská, Kristina (referee)
130 Abstrakt v anglickém jazyce We comprehend the coordination of social security systems as an interconnection of social security systems of Member States therefore the free movement of persons can be carried out. The aim of Coordinating Regulations is to ensure that a migrant does not loose his/her claims on social rights due to his/her enjoyment of free movement. Concerning the large extent of this topic the thesis is focusing only on old-age and survivors' pensions according to valid Regulations (EC) No 883/2004 and No 987/2009 of the European Parliament and of the Council which entered into force on 1 May 2010. The preliminary chapter out of five at total generally presents the nature of the Coordinating Regulations. It clears up their development and aims. It further introduces other sources of coordination law and explains their relations with other sources of EU law and international law. The determination of personal and material scope of Coordinating Regulations is the indispensable part of this chapter as well. The second chapter highlights the cardinal importance of basic principles of Coordinating Regulations - the principle of equal treatment, the principle of single applicable legislation, the principle of aggregation of periods, the principle of export of benefits and the principle of good...
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District Chomutov: Social exclusion with an emphasis on housing
Beková, Anna ; Koldinská, Kristina (referee) ; Munková, Gabriela (referee)
Rigorous work deals with description of problematics of social exclusion in relation to housing. First chapters derive mainly from literature and international documents. They are dealing with different views on the right to housing, social exclusion and socially excluded areas. There are also discussed basic legislation, in which are contained benefits for housing. These are Act no. 117/1995 Sb., of State Social Support (o státní sociální podpoře) and Act no. 111/2006 Sb., of assistance in material need (o pomoci v hmotné nouzi). The work also deals with social housing, that should be regulated by a special law soon. The last part draws mainly form own observations adn from interviews with experts. There is outlined the situation in Chomutov and local ways of solving the problematics of housing of socially deprived people.
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Employment of EU Citizens in Spain and in the Czech Republic
Hokrová, Kamila ; Koldinská, Kristina (advisor) ; Štefko, Martin (referee)
The purpose of my thesis called Employment of EU Citizens in Spain and in the Czech Republic is to describe and analyze the legislation regarding employment of EU citizens in Spain and to compare it with the legislation in the Czech Republic. In relation to the selected topic I also briefly analyze the current situation at Spanish labour market after it has been severely influenced by the global economic crisis. The reason for my research is the fact that I consider migration within the EU a very actual topic and a dynamic field which keeps continuously developing. As the topic is considerably vast, I preferred to focus only on the selected countries. The thesis is composed of four chapters, each of them dealing with different aspects of employment in Spain and related issues. Chapter One is introductory and defines basic terminology used in the thesis. It provides explanation of the basic principles the employment in EU is based on. The chapter is subdivided into three parts. Part One describes the basic terms and explains them in the context of the topic of my thesis. Part Two deals with the principle of free movement of persons within the EU and Part Three briefly describes the EU's social policy and its policy of employment. Chapter Two examines the current situation at the Spanish labour...
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Equal access to education in the Czech Republic and Germany
Jarošová, Adéla ; Koldinská, Kristina (advisor) ; Štefko, Martin (referee)
The subject of this thesis is equal access to education in the Czech Republic and Germany. Education in its ideal form should help eliminate social differences, since social background, race or nationality do not directly influence one's ability to learn. Although this idea is reflected in several international conventions that both countries are bound by, the reality is very different. The thesis first deals with the right to education as such, its significance and its international guarantees, as well as with the principle of equality. In the following chapter, the author analyses significant case law concerning the right to education of the European Court of Human Rights and the European Court of Justice. The following chapter analyses access to education of persons with disabilities in both countries and compares the situation with international guarantees, in particular with provisions of the Convention on the Rights of Persons with Disabilities. The main focus of this thesis lays on the access to education of minorities - the Roma in the Czech Republic and immigrants in Germany. The author assesses the situation of the Roma from a European perspective and analyses significant case law of domestic and international courts. The Czech Republic is not alone in its inability to successfully...
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The Equal Treatment and the Prohibition of Discrimination of Employees in Labour Relations
Šléglová, Klára ; Štangová, Věra (referee) ; Koldinská, Kristina (referee)
The Equal Treatment and the Prohibition of Discrimination of Employees in Labour Relations This thesis deals with the topic of equal treatment and prohibition of discrimination of employees in labour relations. Its aim is to describe, analyse and evaluate the recent antidiscrimination legislation on national, international and European levels including the related judicature. It also describes a system of organisations and authorities dealing with discrimination. The thesis consists of four chapters; each of them deals with different aspects of discrimination and principle of equal treatment. The first chapter is of the introductory character and defines basic terminology used in the thesis (e.g. equality, gender equality, equal rights and discrimination), explains forms of discrimination and deals with means of protection against discrimination. The second chapter focuses on international law in the field of prohibition of discrimination. The third chapter investigates the antidiscrimination law of the European Union. The fourth chapter characterizes and examines relevant Czech legislation in the field of the equal treatment and prohibition of discrimination. For better understanding to the issue, a brief historical guide to the development of position of women in labour relations in the Czech Republic is...
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Discrimination on the grounds of sex and its prohibition
Novotná, Miroslava ; Koldinská, Kristina (advisor) ; Štefko, Martin (referee)
Resume v Aj The purpose of my thesis is to analyse the issue of gender discrimination in labor relations and its prohibition, enumerate the ways of legislation and compare legislation with the actual situation in the society. The thesis is composed of two parts divided into nine chapters, each of them dealing with diferent aspects of the issue in question. The first part is a sort of general parts, including introduction, historical development and sources of law. The second part, which could also be called special parts, then contains individual aspects of the right to equal treatment, demonstrated in specific cases, particularly judgments of the European Court of Justice. The first and second chapter deal with the history and development of anti- discrimination issues and define the basic concepts. The third and fourth chapter lists and describes the regulation of sex discrimination in international legal documents and documents of the European Union. The first part ends with the fifth chapter describing how legal constitution of the prohibition of discrimination on grounds of sex in the Czech Republic and then comparing it with the real situation in society. The second part consists of six to nine chapters, the first of which contains a short introduction defining the judicial authorities of...
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Social exclusion and benefits in material need in Chomutov
Jonášová, Anna ; Koldinská, Kristina (advisor) ; Štefko, Martin (referee)
Thesis describes the complex problem of social exclusion. It is devided into two parts - theoretical and practical. The theoretical works mainly with the literature and other sources to describe main terms, expecially the social exclusion and socially excluded localities. It also focuses on the Act 111/2006 Sb., on the Assistance in material need. It also mentions the social benefits, that are given in situation of material poverty. The practical part analyzes the situation in Chomutov, construes the work of municipality and of the contact department of the Labour Office. This part is dedicated to describe their cooperation in the field of social affairs.
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