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Pension reform in the Czech Republic
Pastuszek, Marek ; Štangová, Věra (advisor) ; Lang, Roman (referee)
Pension reform in the Czech republic Abstract This thesis analyzes the development and changes of the pension system in the Czech Republic. The main attention is paid to the legal regulation of old age pension. Old age security is an essential element of the social stability of the state. The share of older people in the population increases in the long term, which places higher demands on the state budget. The main goal of implementation of the pension reform is to take measures to make the pension system sustainable in the future. The thesis is systematically divided into five chapters. The first chapter deals with social rights, their development and enshrinement in the documents of international organizations and the Czech legal system. Social rights belong to fundamental human rights. In the context of the thesis, adequate material security in old age is the most important right. The second chapter discusses the social security system. Its task is to deal with social events affecting the population. It uses various legal instruments for this purpose, especially social insurance. The social security system is affected by number of factors, which are also described in this chapter. The third chapter is dedicated to the current legislation of the pension system in the Czech Republic. Its pillar structure...
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The Prohibition of Discrimination Based on Disability in the Field of Employment Relationships
Kreiža, Vladimír ; Tomšej, Jakub (advisor) ; Lang, Roman (referee)
The Prohibition of Discrimination Based on Disability in the Field of Employment Relationships Abstract The aim of this master's thesis is to evaluate the standard of the protection of people with disabilities from discrimination in the field of employment relationships in the Czech Republic, to identify the reasons of this state and especially to provide de lege ferenda proposals, that could lead to the increase of the standard of the prohibition of discrimination based on disability in the field of employment relationships. The used research methods are mainly analytical and empirical methods. The master's thesis starts with the legislative regulation of the prohibition of discrimination based on disability in the field of employment relationships on the international law level, where the Convention is crucial, and continues toward the level of EU and national law. Czech anti-discrimination law embodied especially in the Antidiscrimination Code and regulating the prohibition of discrimination based on disability in the field of employment relationships, is based on the Framework Directive. Therefore, a significant part of this thesis is devoted to the Framework Directive and the relevant Court of Justice of the EU's decisions, within the CJEU interpreted the Framework Directive and filled many white...
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Photographs of People from Employer's Point of View
Hendrychová, Jitka ; Morávek, Jakub (advisor) ; Lang, Roman (referee)
Photographs of People from Employer's Point of View Abstract This thesis deals with capturing the image of employees and other people on photographs and use of these photographs by an employer. The aim is to address possibilities of using image of people, from its creation, publishing it or using it in different ways, to its erasure or destruction, all of that in labour law context. This thesis is divided into three main chapters. The first part deals with protection of personality of an individual in Civil Code and Labour Code. It describes capturing the image of an employee and using the image with and without their consent. Second chapter focuses on photographs in context of data protection, mainly with respect to processing photographs as personal data using legal titles in Art. 6 of Regulation (EU) 2016/679 of the European Parliament and Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation). The findings from previous chapters are applied on practical situations in all stages of employment in the third chapter. Part of this chapter is dedicated to the responsibility of an employee to abide the creation of portrait and to the questions of...
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Obligations of the employer in sickness and pension insurance
Ježková, Martina ; Lang, Roman (advisor) ; Tomšej, Jakub (referee)
Obligations of the employer in sickness and pension insurance Abstract This thesis deals with the individual obligations of the employer in sickness and pension insurance. Sickness and pension insurance are two of the social insurance subsystems. The state does part of its responsibilities in this area through employers, as they have the easiest access to some information. Of course, the state could obtain information from the employees themselves, but this would represent a huge administrative burden on the state and a great logistical problem in how to actually obtain information from the employees. Obligations that an employer must fulfil may be difficult for a small employer who does not want to hire external companies to fulfil its obligations to the state and it can be almost impossible to fulfil all obligations properly. The most well-known obligations of employers, of which (perhaps) all citizen-employees know, are payments into the sickness and pension insurance system in the form of social security contributions. The employer pays the social security contributions for himself and his employees. However, this is certainly not the only obligation of employers. There are many more of obligations and they are regulated in various pieces of legislation. Therefore, the aim of this thesis is to present...
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Welfare during unemployment
Brokešová, Michaela ; Štefko, Martin (advisor) ; Lang, Roman (referee)
This diploma thesis entitled "Welfare during unemployment" analyses the current legislation of the unemployment benefits in the Czech Republic and its individual aspects. The thesis focuses on a wide range of applicative and practical problems associated with it. Considering the systematic perspective, the thesis is divided into six chapters. The first part of the thesis provides a theoretical introduction, which is the basis for the understanding of the problem of unemployment in general. A reader gets familiar with its types, importance for individuals and also the consequences of loss of employment. Also, this chapter explains the reason why the different percentages have been reported in the unemployment statistics. On one hand, it is caused by the double calculation performed by the Ministry of Labour and Social Affairs, and by the Czech Statistical Office on the other. The key concept of legal relations in employment is the right to work as a fundamental social right enshrined in the Charter of Fundamental Rights and Freedoms, which is further discussed in the second chapter. Furthermore, the right to employment regulated by the Employment Act has been defined and the differences between them have been explained. The third chapter deals with the state employment policy, which is divided into...
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Agency employment
Dohnal, Martin ; Štefko, Martin (advisor) ; Lang, Roman (referee)
Agency Employment Abstract My diploma thesis is focused on the agency employment. The institute of agency employment was integrated to our system of the legal regulations in 2004 and nowadays it is a very popular alternative of traditional employment. Employers perceived it as an institute that enables them to react quickly and effectively to the changes which take place on the labour market and therefore gain the needed employees in the right time. I decided to write about this topic mainly because agency employment is very interesting issue with great business opportunities, but unfortunately the Czech regulation isn't as complex and clear as it could be. Therefore, I find this topic quite intriguing. The thesis is divided into introduction, conclusion and six more chapters. First chapter introduces the term and origin of the institute of agency employment within the Czech system of legal regulations. Next chapter focuses on the legal regulation of agency employment. Firstly, I mention very briefly history of the agency employment legislation, then I focus on the international legislation of the agency employment and last but not least I also give a short excursion into European legislation. In the third and fourth chapter I analyse in depth private law aspects of the agency employment and then also...
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Legal aspects of care for dependent persons
Presser, Šimon ; Lang, Roman (advisor) ; Morávek, Jakub (referee)
Legal aspects of care for dependent persons More than half a million people in the Czech Republic is directly affected by the issue of care for dependent persons. It concerns not only those who are relying on care due to a physical or mental disability, but also those who provide the necessary care. Regarding the providers, so-called informal carers constitute majority of them. They are often family members who provide care without any official formalization, contract, or registration. However, as a group, informal carers are repeatedly overlooked. While emphasising the rights, duties and needs of both dependent persons and carers, this paper aims to comprehensively evaluate the current legal framework regulating the care for dependent persons. Firstly, the system of care in the Czech Republic is generally described followed by the presentation of specific forms of care highlighting the position of informal carers. Secondly, the paper brings up an analysis of basic activities of daily living that are crucial for the assessment of dependence. Subsequently, the administrative procedure in which the assessment is undergone is closely depicted. Nevertheless, the main focus of the paper lies in the analysis of the rights and obligations of the persons dependent on care and the informal carers. Hence,...
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Flexible performance forms of dependent labour
Česal, Tomáš ; Morávek, Jakub (advisor) ; Lang, Roman (referee)
FLEXIBLE PERFORMANCE FORMS OF DEPENDENT LABOUR - ABSTRACT The paper deals with individual flexible forms of the dependent labour and their legal regulation in the framework of the Czech law. As a hypothesis a claim is stated, that the flexibility is in general very low, or more precisely that the legal framework regarding flexible forms of dependent labour is highly rigid. The method of analysis of primary and secondary sources is used in order to examinate the claim. Introduction of the paper is concerned with theoretical excurse into manifestation of flexibility in the labour law, or more precisely in the area of chosen topics which closely relate to the theme of flexible forms of dependent labour. Flexibility is examined in context with important phenomena occurring in labour law: flexicurity, protective and organisational functions of labour law, subsidiarity of civil law to labour law, liberalisation etc. Partial conclusions concerning individual institutes are presented in topical chapters, whose layout is chosen accordingly to the basis of current prevailing concerning doctrine. Considerably more attention is given to those flexible forms, whose future progress could be anticipated. This way, an area for research is shown. These areas include for example joint work duty, on-call duty and...
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Selected aspects of occupational safety and health protection
Houthoofdtová, Emilie ; Štefko, Martin (advisor) ; Lang, Roman (referee)
Selected aspects of occupational safety and health protection Abstract This thesis focuses on legal regulation of selected aspects of occupational safety and health (OSH) protection in the context of Czech law. This is a classical area of labour law whose importance grows together with the growing complexity of working practices. The aim of the thesis is to provide a description of the current regulation and subsequently to analyse selected aspects related to the educational sector. The thesis is, apart from introduction and conclusion, divided into six chapters. In the first chapter, the historical development of OSH is outlined in order to give context to the consecutive chapters. The following chapter provides an overview of the sources of law, since the area of OSH is heavily influenced by the European as well as the international law and the regulation on the national level is considerably fragmented. In the third chapter attention is paid to the rights and obligations of the employer, which are analogous to the fourth chapter, concerning the rights and obligations of the employees (in the field of occupational safety and health). OSH is closely linked to the risk assessment, which is key to successful implementation of OSH standards and greatly helps to reduce occupational injuries and illnesses....
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The principle of solidarity and its impact on the Czech social security system
Bohuněk, Metoděj ; Koldinská, Kristina (advisor) ; Lang, Roman (referee)
66 The principle of solidarity and its impact on the Czech social security system Abstract This thesis studies and describes the application of the social solidarity principle in the social security law, which is an elementary principle in this field. It is a widely discussed topic, as the extent of its application directly impacts the standard of living for most people. It is the care for the needy that determines the cultural character of given society. The thesis consists of the general part and the special part. In the general part, the social solidarity principle is defined, as well as other principles: the contradictory principle of equivalence, the justice principle and the subsidiarity principle. The general part also deals with the philosophical and historical context of solidarity that stems from the Jewish-Christian roots of the European culture. In the modern era, it focuses on the evolution of the conception of solidarity and solidarity principle in the area of the Bohemia, Moravia and Silesia. It shows that the current state of the social security system builds on the rich intellectual past of Czech economists and lawyers. Moreover, there are inspiring people and ideas in this area nowadays. It is a never-ending task to keep looking for the best among them. The special part analyses the...
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