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Information and Data Protection in Labour Law Relationships
Turoková-Hetešová, Alexandra ; Morávek, Jakub (advisor) ; Štangová, Věra (referee)
Information and Data Protection in Labour Law Relationships The thesis is concerned with the issue of personal data protection in labour-law relationships, as it mainly deals with cases where the employee's right to privacy collides with employer's right to property protection. The aim of the thesis is primarily to give a complex interpretation concerning personal data protection in the context of labour law. Besides, the author attempts to solve some questions whose practical application may cause problems and draws attention to frequent bad habits that happen at workplaces. The thesis consists of four chapters which are further divided into subchapters. In the outset of the thesis the author deals with basic legal framework of privacy protection of an individual, and personal data protection as part of privacy, both in Czech legislation and in the context of international law and European Union law. Next chapters explain selected key terminology that occurs in the Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data, the Act No. 101/2000 Coll., on Personal Data Protection and the Act No. 262/2006 Coll., Labour Code, and define basic principles that are...
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Personal data protection in labour-law relationschips
Valachová, Tereza ; Morávek, Jakub (advisor) ; Štefko, Martin (referee)
The submitted thesis deals with personal data protection in the context of labour-law relationships. This is an actual and discussed issue in current society, which has constitutional aspects as well. Due to the extensiveness of the topic, the aim of this thesis is not giving a comprehensive explanation of the personal data protection in labour-law relationships area. My effort is to perform the reader with this issue from the general introduction including a survey of the legislation and explanation of main concepts to outlining the fundamental principles of the legislation and focusing more thoroughly on the several selected questions. The thesis itself is divided into four chapters. In my thesis I am trying to point out to the most important court decisions and also the opinions of The Office for Personal Data Protection and The Article 29 Working Party. In the first chapter I deal with the concept of privacy, because I consider it to be a "foundation stone" of the whole issue of personal data protection. This chapter demonstrates how the concept of privacy has developed in the course of time, in the next chapter the legislation of privacy protection and, as well, a conflict with other values are pointed out. In the second chapter I focus on the legislation of privacy and personal data...
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Personal rights of employee
Hruboňová, Alexandra ; Morávek, Jakub (advisor) ; Hůrka, Petr (referee)
The topic of this final thesis is protection of personal rights of employee in general. The author of this work intends to describe legal regulation of protection of personal rights in labour Law in Czech Republic. Thesis is divided into three main chapters, while some of them are further divided into more detailed subchapters. The first chapter is mainly focused on general description of personal rights in the field of constitutional law. These articles are essential for the further legal regulation. Afterwards follows more detailed description of certain articles which are connected with the topic of this final thesis from Charter of Fundamental Rights and Freedoms. Then we can also find defined legislation included in Civil Code, with an accent to subsidiary relation between Labour Code and Civil Code. The main part is dedicated to legal protection in labour law. That means regulation of relations formed between the employer and the employee. A big emphasis is given to the term "privacy" and the term privacy at the workplace in particular. Furthermore is the thesis focused on monitoring employees at workplace and also describes the conflict of two fundamental human rights - the employee's right to privacy and the employer's right to own and protect his or her property. Subchapters are then aimed...
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Notice of termination of employment in selected EU member states
Tichý, Ondřej ; Bělina, Miroslav (advisor) ; Morávek, Jakub (referee)
Notice of termination of employment in selected EU member states The diploma thesis analyses the legal regulation of notice of termination from employer's side in the Czech Republic and its comparison with Austrian and German legal regulation of the same institute. Thanks to the comparison it will be possible to reach the aim of the thesis which is to find out how social is the Czech attitude regarding this topic and to discover all the possible differences and similarities among all the three legal regulations. The first chapter serves as an introduction to the particular national labour legal provisions including the development and describes the main sources of law concerning the labour law. The pivotal chapter concentrates on individual reasons for dismissal under section 52 of the Czech Labour Code to which the thesis searches for the same or similar legal regulation within the other two legal systems. This chapter is divided into the subchapters as every of them focuses on one group of reasons for dismissal. At the end of each subchapter examples from Austria and Germany are given which prove differences and similarities among the three legal systems. This logic of subchapter arrangement enables easier understanding of individual reasons for dismissal and their examples in all the three...
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Employment of the elderly
Junová, Lia ; Morávek, Jakub (advisor) ; Štefko, Martin (referee)
1 Employment of the elderly This paper focuses on employment of older people. The issue is tackled in the light of the international documents of the United Nations, the Council of Europe and the European Union. In the following sections the paper analyses French and Czech policies and compares their approach. There are major differences between these two countries in terms of social systems as well as lifestyle of the population. However, France deals with ageing of its population longer than the Czech Republic, therefore its approach may offer an inspiration. The employee representatives traditionally play an important role in France. They also influence the state policy on employment of older people on the basis of the tripartite agreements from 2005 and 2013 respectively. Several action plans on ageing were issued in the Czech Republic. However, there seems to be a lack of political will to introduce proper legislation. The programmes reflect the international documents and recommendations but they are just declarations. On the other hand, the ideas of French agreements are really put in practise. Nevertheless, the French approach cannot be considered a coherent policy of employment of older people. It is rather a set of measures which originated from concessions of the subjects on the labour market The...
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Personal Data Protection in Labour Law Relationships
Langerová, Michaela ; Morávek, Jakub (advisor) ; Koldinská, Kristina (referee)
This thesis deals with personal data protection, it focuses on labour law relationships, in particular. The aim of the thesis is to analyze regulation of personal data protection; also, the paper elaborates on difficulties that could be caused by the processing of personal data of employee on the part of employer. The first section of the thesis discusses general basis which represents a solution to concrete cases that are mentioned in the second part. The first two chapters examine sources of the regulation of personal data protection on both levels - on a statutory and constitutional level and also on an international and the European Union level. The third chapter deals with the Office for Personal Data Protection and with its scope of activity, in particular. The following three chapters specify particular definitions and introduce legal regulation of the rights of a data subject on the one hand, and the obligations of a controller or a processor on the other hand. In the general part, a few examples of the processing of personal data by an employer can be found. Those examples are mentioned there to clarify unclear concepts and their definitions. The aim of the last chapter is to capture a range of possible examples of the processing of personal data, which can take place and actually does...
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Notice in the French employment law compared with the employment law in the Czech republic
Jakubec, Martin ; Morávek, Jakub (advisor) ; Koldinská, Kristina (referee)
Abrégé Cette memoire a pour le but la présentation de la demission et le licenciement dans le droit du travail français et la comparaison de ceux-ci avec le droit du travail tchèque. La partie préliminaire présente en bref le code du travail français et explique aussi le statut du salarié et de l'employeur dans le droit français et mentionne des problèmes qui s'attachent à cette problématique. La partie préliminaire, qui parle du caractère élémentaire de la relation de travail est suivie par la seconde partie, la partie principale, qui disserte sur des conditions dans lesquelles la relation de travail peut être rompue dans le droit français et compare leurs différences avec le droit tchèque. A la fin l'auteur délibère sur ceux différences et leurs avantages et désavantages.
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Liability for damage regarding occupational accidents and diseases
Kyslíková, Kristýna ; Morávek, Jakub (advisor) ; Lang, Roman (referee)
Název práce v anglickém jazyce: Liability for damage regarding occupational accidents and diseases The aim of this thesis is to analyze liability for damages regarding accupational accidents and diseases as a part of employer's liability and the evaluation of the current regulation in this area. This thesis is devided to eight chapters. First part of this thesis is a theoretical introduction to the matter of occupational accidents and diseases and the liability for damages caused by them. The target of the first part is to define the institutes of the labor law, which are crucial for the regulation of material and non-material damages in labor law. The theoretical first part consists of Chapter One, Chapter Two and Chapter Three. Chapter One is introductory and defines basic terminology used in the thesis, with the main term being liability in labour law. Chapter Two enumerates various types of liability, such as material liability, non-material liability and other types of liability. Chapter Three defines material and non-material damage in the light of new Civil Code. Chapter Four and Chapter Five are specifying the issue of damage liability, on both sides - employee's and employer's. Chapter Six provides outlines of the relevant Czech case law and is therefore subdivided into four parts. Part One...
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Administrative infractions and delicts in the field of labour matters
Živnůstka, Petr ; Štefko, Martin (advisor) ; Morávek, Jakub (referee)
The topic of this rigorous thesis is called "Administrative infractions and delicts in the field of labour matters". The thesis is focused on an analysis of particular bodies of an administrative infractions and delicts which are regulated in various employment legislations, on an analysis of legislation and possible sanctions in case of breach of statutory duties. However the main focus of this rigorous thesis is an analysis of illegal employment and a relevant legislation of the Employment Act. The thesis also deals with an analysis of possible sanctions in case of accomplishment of elements of illegal employment and with their adequacy, with decision-making of appropriate administrative offices, and finally with a conformity of their decisions with employment legislations and judgements of the Supreme Court of the Czech Republic and judgements of the Constitutional Court of the Czech Republic. The thesis is divided into several parts. In the introduction the thesis is concerned with an analysis of the Labour Law itself, with its position and function in a system of law. In this thesis is also analysed the term "dependent employment" to make possible to determine a legal basis of analysis focused on institute of illegal employment. Subsequently the thesis is focused on an analysis of particular...
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Redundancy payment and other forms of compensation in employment
Lašáková, Renata ; Morávek, Jakub (advisor) ; Štefko, Martin (referee)
The dissertation discusses problems of redundancy payments and other forms of compensation under labour law. Its focus is to describe in depth the current Czech law system's range of compensation which is related to employment termination. Every termination of employment comes with certain rights as well as obligations for either the employer or the employee. Among some of the obligations, provisions of different types of compensation are found, to which the rights are gained by termination of labour relations that are implied by the law as well as the agreement made by both sides. This dissertation is divided into five chapters. The introduction describes the labour law in general, because labour relations are ones of the most fundamental law relations in the life of almost every person. In the second chapter, we encounter the main topic of this dissertation - redundancy payments issues, what is their purpose, how one's rights to the payment are gained, on what legal grounds, what is the amount paid in specific cases of employment termination, and how it is calculated. The third chapter focuses on a specific clause and qualification agreement on improvement and deepening knowledge, and related labour compensation. Subsequently, in the fourth chapter, I discuss the severance issues as another...
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