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Theory and Practise of Temporary Agency Work
Horáková, Aneta ; Štefko, Martin (advisor) ; Koldinská, Kristina (referee)
Temporary agency work - it's legislation as well as its practise is the main topic of this thesis. It aims not only legal, but also economical and some other aspects. The issue is becoming more and more important in relation with unexpected changes at employment market. Number of temporary agency workers is expected to rise in near future. This is resulting from expectations for high-standard legislation providing efficient protection especially for temporary agency workers. The first aim is to summarize contemporary legislation in the Czech Republic, European Union and International Labour Organization. Next purpose is to point out its main problems and interpretation difficulties. Selected chapters illustrate the approach of temporary work agencies to some disputable provisions of a statute. The thesis is composed of fourteen chapters, each of them dealing with different aspects of temporary agency work. Chapter One is introductory and defines concept of temporary agency work, focuses on situation on employment market and describes the development of legislation. Chapter Two provides outline of sources of legislation in the area of temporary agency work in the Czech Republic, European Union and International Labour Organization. Chapters Three to Ten deal with basic subjects taking part in...
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Parental Leave as a Tool of Work-life Balance in the Czech Republic and Sweden
Šenoldová, Zuzana ; Koldinská, Kristina (advisor) ; Štefko, Martin (referee)
The purpose of this thesis is to examine the legislation of parental leave in the Czech Republic and in Sweden in particular with respect to the possibilities of work-life balance, to evaluate an actual use of the system, its impacts on the individual labour markets and gender equality, to subsequently compare these two models and to propose amendments of legislation. The topic was chosen due to its significant impact on a vast amount of people and due to its currency with respect to a progressive change of perception of single parent's roles. The thesis is divided into five chapters following the main aim of the thesis, a comparison of several legislations. The first Chapter shortly describes the main terminology which has been used within the thesis and which is the main subject matter of the paper. Maternity, parental and paternity leave are defined mainly with respect to the purposes of the individual matters. The second Chapter deals with the legislation of the European Union. The relation of the Czech and European law in this field in general is analysed at first. An overview of legal documents related to the so called "family friendly policies" follows and the core of the chapter is the description of particular legislation of maternity, parental and paternity leave based on corresponding...
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The concept of lege artis in the system of public health insurance
Rylichová, Eva ; Koldinská, Kristina (advisor) ; Štefko, Martin (referee)
Summary: The subject of this paper is providing of lege artis health care in the system of public health insurance. The aim of the thesis is to analyse the basic terminology, current legislation and its application in practice. Lex artis is in law an uncertain term, difficult to define, therefore its frequent usage should be restricted in the future. Due to the personal experience of the author there are many practical examples from the Czech health care system used in the paper. Related case law is taken into account continuously with the exception of the separately stated recent court judgment of the Constitutional Court of the Czech Republic. The study is divided into four main chapters, introduction and conclusion. The first chapter is dedicated to the concept of lege artis in detail, its terminology and relation to the current legislation. Further subchapters deal with available health care standards and their obligation. The final parts analyze the lege artis restrictions and way of its assessment. The second chapter is dedicated to the concept of public health insurance. First, the term is defined and the current law is considered. The following parts examine the issue of health insurance companies and the network of health care facilities. Chapter three presents the labor law aspects of lege artis...
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Basic principles and the coordination of old*-age and survivors' pensions according to Regulation (EC) No 883/2004 of the European Parliament and of the Council, on the coordination of social security systems
Vidovičová, Dominika ; Koldinská, Kristina (advisor) ; Štefko, Martin (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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Racial Discrimination in the Judicial Practice of the Czech Republic
Ulmannová, Iva ; Koldinská, Kristina (advisor) ; Štefko, Martin (referee)
This thesis deals with issues related to decision-making practice of Czech courts in cases where the plaintiff sought protection against racial discrimination in civil proceedings. Specifically, the thesis endeavours - through the analysis of selected decisions of higher courts and the practice of lower courts - to answer the question of whether the judicial practice together with the applicable laws provide sufficiently effective judicial protection of the right to equal treatment. The first part defines the concept of race as discriminatory ground, as this term is used in legislation in a very broad way and contrary to some scientific concepts of race. The second part contains a brief summary of the legal regulation of non-discrimination in international, European and Czech law. This section focuses on the legal framework applied by Czech courts in the decisions discussed and provides a basis for the following analytical part. The third part, which is the key part of the thesis, deals with decision-making practice of the courts with focus on the problematic aspects of protection against racial discrimination in legislation regulating the protection of personal rights. The shortcomings of judicial practice ascertained are then compared with the new rules contained in the Anti-Discrimination Act....
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Coordination of social security in the EU and its application in the CR and Germany
Königová, Jana ; Tröster, Petr (advisor) ; Koldinská, Kristina (referee)
Coordination of social protection in the EU and its application in the Czech Republic and the FRG The thesis deals with the coordination of the social security systems of the EU Member States. It refers to the new basic regulation at the level of the European Communities, which is enshrined in the EC Treaty (Lisbon Treaty) and in the Regulation of the European Parliament and of the Council No 833/2004. The main role of this European regulation is to ensure the free movement of all workers and self- employed persons. To secure this, it is necessary to equate these persons with the native subjects. The starting point for the creation of a European social security system is Article 42 of the EC Treaty (Article 48 of the Lisbon Treaty) which defines two basic conditions of such a system. On the one hand, it must be ensured that benefits are also paid to the persons residing in other Member States. On the other hand, it must be ensured that all the periods completed by the legal systems of the individual Member States (without regard to the place of work) Be aggregated. This provision also obliges the Council to take such measures as are necessary to meet the objectives set out. Regulation No 1408/71 was a basic rule for this system until 30 April 2010. Since 1 May 2010, however, there has been a double...
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Europeanization of Czech labour law
Němcová, Magda ; Hůrka, Petr (advisor) ; Koldinská, Kristina (referee)
The purpose of this thesis is to analyse not only the general topic of the europeanisation but also the topic of the legal europeanisation as such. This thesis is divided into eight parts. Chapter I provides a general introduction of the europeanisation and it also sets down the goals of this thesis. Chapter II aims at the general overview of the labour law. Chapter III deals with the European Union and the European law. This chapter is divided into two subchapters. The first subchapter goes in mainly for the development of the European Union. This is followed by the second subchapter dealing with the development of the labour law in the European Union. European labour law has been developing long time and can be divided into three time lines. Chapter IV engages with the topic of the europeanisation. Firstly, the terminology is reconciled and afterwards it continues with the europeanisation in common sense. Also some definitions and opinions from authors dealing with the Europeanisation are taken into consideration and pointed out. Then, the legal europeanisation introduction come after with regard to reasons which lead the member states of the European Union to harmonize their own legal order or which tools are used to harmonize the legal orders. The following Chapter V targets the europeanisation...
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The conception of multiple discrimination in the legal regulation of the European Union
Tóthová, Tímea ; Scheu, Harald Christian (advisor) ; Koldinská, Kristina (referee)
Resumé The conception of multiple discrimination in the legal regulation of the European Union To ensure the equality of individuals in society is one of the most marvelous human ideals. It is generally admitted that the same treatment of people with regard to the acceptance of diversity and between-group differences should be the cornerstone of any modern society. However, is it possible to achieve full equality in society? And what does equality truely mean? Treating everyone in the same way or taking into account the different starting points of individuals? Nowadays we become witnesses that the initial large openness to multiculturalism related to the continuing process of globalization is replaced by a more cautious approach to the different minority groups. As a result, certain groups are exposed to a greater risk of disadvantage mainly due to a combination of different socio-cultural, ethnic, economic and other factors. The aim of my essay is to shed light on the question of equal treatment and non- discrimination law through the relatively new, but in Czech and Central European literature still rarely discussed concept of multiple discrimination. After highlighting the definition of discrimination, the various approaches to equality and other theoretical aspects of discrimination, I am also trying...
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Comparison of health insurance systems in the Czech Republic and the Federal Republic of Germany
Stieberová, Marie ; Štefko, Martin (advisor) ; Koldinská, Kristina (referee)
Die Arbeit beschäftigt sich mit dem Thema "Vergleich der Krankenversicherungssysteme in der Tschechischen Republik und in der Bundesrepublik Deutschland". Zwischen den gesetzlichen Krankenversicherungssystemen der Tschechischen Republik und der Bundesrepublik Deutschland bestehen viele Unterschiede und Besonderheiten. Es zeigt sich, dass beide Systeme auch eine ganze Reihe von gemeinsamen Aspekten aufweisen. Die Arbeit besteht aus sieben Kapiteln, wobei sich jedes Kapitel einem besonderen Aspekt der gesetzlichen Krankenversicherung widmet. Im ersten Kapitel wird eine historische Entwicklung erklärt, wobei im Unterabschnitt 1 dieses Kapitels die historische Entwicklung in der Tschechischen Republik behandelt wird, während der Unterabschnitt 2 sich der Entwicklung in der Bundesrepublik Deutschland widmet. Das zweite Kapitel setzt sich mit der rechtlichen Regelung beider Staaten auseinander. Dieses Kapitel ist in zwei Teile untergliedert, wobei der erste Teil sich mit der Regelung in der Tschechischen Republik beschäftigt und der zweite Teil die Situation in der Bundesrepublik Deutschland beschreibt. Das dritte Kapitel befasst sich mit der Problematik der Krankenkassen in beiden Staaten. Die folgenden zwei Kapitel analysieren den Umfang der gesetzlichen Krankenversicherung, und zwar zum einen des...
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The legal position of the private healthcare providers in the Czech healthcare system
Dobiáš, Michal ; Tröster, Petr (advisor) ; Koldinská, Kristina (referee)
The purpose of my Master's thesis in law is to analyse the legal position which the private healthcare providers (i.e. operators of private healthcare facilities) occupy in the Czech healthcare system, particularly in the system of public health insurance. Since the private providers emerged in the Czech Republic only after the Velvet Revolution in 1989, the development of their position within the system is relatively short and unsettled. The legal regulation of the field is quite complicated, yet is the subject of strong political controversies, partly due to the generous but vaguely formulated constitutional right to free healthcare. Currently, the Parliament is in the middle of adoption of the healthcare reform of larger scale which would make changes that deserve to be examined. The thesis is composed of Introduction, three chapters and Conclusion. Each of the chapters aims on different aspect of the topic; however, they are interlinked by common legal institutes which play role in the whole thesis. First two subchapters of Chapter I are most general and introduce the possible ways of financing healthcare (public and private insurers, direct payment) and its specifics. The options of foreign citizens are also clarified. After the conclusion that the most important system in the Czech context...
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