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The Prohibition of Discrimination Based on Disability in the Field of Employment Relationships
Kreiža, Vladimír ; Morávek, Jakub (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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Employment of the disabled
Havlenová, Lenka ; Morávek, Jakub (referee)
The Employment of People with Disabilities Abstract This thesis deals with the legal regulations governing the employment of people with disabilities in the Czech Republic. The topic is discussed primarily from the employer's point of view. One of the objectives of this work is to demonstrate the benefits of employing people with disabilities to (potential) employers and to offer an overview of the instruments the Czech legislation offers to compensate the employers for the potential extra costs incurred by employing persons with disabilities and to motivate the employers to employ such people. The thesis starts with the definition of a person with disability, including the meaning of this term in important international documents, as well as in strategic documents of the European Union and some of its institutions. It shows that the concept of disability is evolving and there is a demonstrable shift from a medical to a social concept of disability in European case law. The thesis also provides an overview of active employment policy measures and instruments designed to improve job opportunities available to people with disabilities. Furthermore, the thesis discusses the employers' rights and obligations, their co-operation with the Labour Office and penalties arising from any breach of their obligations....
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Digital platforms and its impact on labor law
Konečný, Adam ; Morávek, Jakub (referee)
This thesis provides an analysis of digital platforms and its impact on labour law and related work patterns in general. The main focus is upon description of caused problems and their possible solutions whereas the question of worker's status in the platform economy and its arrangements is predominantly discussed. The introduction leads the reader to general description of digital platforms and its three main subsets (crowdsourcing, on deman work and passenger transport services). For a better undestanding the thesis further gives an idea of working conditions by analysing each working stage affected by platforms. After these initial introductory findings the thesis focuses on potential problems. The possible problems are first being described in general and then discussed from the practical point of view as they were already seen by various courts in the past. The sole analysis of courts decision is rather extensive since the three chosen decisions not only give us answers to some problematic questions but they also provide highly beneficial info about platforms in general and their business models as well. Finally, after the thesis is done with court decisions it continues to analyze applicable legal frameworks. First are being analyzed the European requirements and frameworks provided by EU...
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Putative and invalid termination of employment by the employee
Halalová, Veronika ; Pichrt, Jan (advisor) ; Morávek, Jakub (referee)
Putative and invalid termination of employment by the employee Abstract The aim of this diploma thesis was to provide the reader with a comprehensive explanation of the issue of putative and invalid termination of employment by the employee and to offer a suitable procedure for resolving such a situation, which the employer could use in these cases. For this purpose, this thesis was divided into four main chapters. The first of them is devoted to a brief definition of the relationship between the Labor Code and the Civil Code, its development in recent years, as well as the definition of the terms employment relationship, its termination and dismissal. Through this introduction to the issue, the exact scope of this thesis is defined, ie the putativeness and invalidity of juridical acts by which the employee unilaterally terminates the employment relationship, namely dismissal, immediate termination and termination of employment during the probationary period. The second chapter deals with juridical acts and their defects. First, the individual conceptual features and subsequently also the requisites of the juridical act are thoroughly analyzed, so that it is possible to deal in detail with individual cases of putativeness and invalidity of termination of employment, and then the concepts of putativeness and...
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Company health care services
Kramoliš, Vojtěch ; Tomšej, Jakub (advisor) ; Morávek, Jakub (referee)
Company health care services Abstract The thesis is focused on the company health care services and its legal regulation. It aims to describe and analyse particular duties of an employer, an employee and a company health care services provider, hence the subjects which are of an imminent closeness to the company health services issues. The thesis is composed of five chapters. The first chapter is dedicated to the legislation, as the primary law source in the Czech Republic and further to the European and international law. The chapter also comprises basic definition of the term company health care services and its position in relation to the occupational medicine. Second chapter draws attention to the subjects, whose duties the thesis deals with, including their part in the labour law system. They are the company healthcare services provider, the employer, and the employee. Furthermore, the chapter reflects the exceptions based on the agency employment, providing the company health care services by employee's registering health care provider, and providing the health care services by employer's own staff. Third chapter depicts the analysis of the duties of the company healthcare services provider, especially the analysis of the duties set by the Act on the Special Medical Services. Beside the provider's...
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Personal data protection before and during the establishment of the employment relationship
Adámek, Jan ; Morávek, Jakub (advisor) ; Tomšej, Jakub (referee)
Personal data protection before and during the establishment of the employment relationship The diploma thesis is devoted to personal data protection before and during the establishment of the employment relationship. The objective of this thesis is to outline the personal data protection in the context of the employment relationship establishment, to give a comprehensive overview of its legislation in particular, describe the basic terms and principles relating to this subject matter and specify the most important rights and obligations regarding both stages of the employment relationship establishment. The basis for the thesis is primarily the legislation of the General Data Protection Regulation and Personal Data Processing Act 2019 (No. 110/2019 Coll.). The diploma thesis is divided into four chapters. The historical events with a significant influence on the personal data protection development are described in the first chapter. This chapter also explains the concept of a right to privacy and separation of the right to protection of personal data from it. The second chapter deals with personal data protection legislation on the international level, as well as EU level and national level. The third chapter defines selected fundamental terms relating to personal data protection, particularly...
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Whistleblowing as a means of employer protection
Zajíček, Jan ; Morávek, Jakub (advisor) ; Tomšej, Jakub (referee)
1 Whistleblowing as a means of employer protection Abstract This doctoral thesis regards the term whistleblowing, i.e. the protection of the notifier of harmful conduct. The author has chosen this topic primarily due to the current importance of this topic. The initial part of this thesis is concerned with the general themes, the explanation of the terms, and the history of whistleblowing. In addition, this document analyzes the sources of international laws regarding this phenomenon that relate to the Czech Republic and the Czech legal order. Furthermore, this thesis discusses the European Union legislation relating to whistleblowing and focuses on the Directive (EU) 2019/1937 of the European parliament and of the Council of 23 October 2019 on the protection of persons who report breaches of Union law, which can currently be considered the most important source of law regarding the whistleblowing and simultaneously to be the template for the Czech national legislation in development. This thesis analyses and documents the contents of this directive. Although the term whistleblowing is still novel to the Czech law, its aspects can be found in several legal branches. Therefore, this thesis considers its sources not only from the perspective of the constitutional, labour, criminal, and administrative law but...
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Protection of employees in the event of transfer of employer
Koubková, Barbora ; Hůrka, Petr (advisor) ; Morávek, Jakub (referee)
Protection of employees in the event of transfer of employer The master's theses deals with the topic of the transfer of rights and obligations from employment relationships and related institutes of protection of the employees affected by the transfer. The topic is regulated at the European Union tier by Council Directive 2001/23/EC of 12 March 2001 on the approximation of the laws of the Member States relating to the safeguarding of employees' rights in the event of transfers of undertakings, businesses or parts of undertakings or businesses, which has been transposed into national law as Section XV of Part Thirteen of Act No. 262/2006 Coll., the Labour Code. The thesis introduces both tiers of legislation, the relevant case law of the Court of Justice of the European Union and the Supreme Court of the Czech Republic and evaluates the implementation of the Directive 2001/23/EC into the national system. The first part of the work is an explanatory one as it describes the meaning of some of the fundamental labour law terms and contexts for the purposes of the following text. The second part introduces the transfer of an undertaking, business or part thereof under the Directive 2001/23/EC and formation of the rules by the Court of Justice of the European Union, in particular the development of the...
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Labour law issues in the area of professional sports
Dušek, Šimon ; Tomšej, Jakub (advisor) ; Morávek, Jakub (referee)
Title of the thesis: Labour law issues in the area of professional sports Abstract This thesis concerns the relationship between labour law and the specifics of sports and sports activities as a mass society-wide phenomenon with a significant overlap into law. Legislation in the Czech Republic still does not follow the global trend in the area of status of professional sportsmen, which is oriented towards the explicit recognition of sportsmen as employees so the sportsmen are provided with the highest amount of rights possible as the weaker parties in relation to sports clubs. On the contrary, the position of the Czech sportsmen within the legal system is still unclear and the desired clarification is not provided even by the relatively extensive case law of the Supreme Administrative Court. In the vast majority of cases, the Czech sportsmen use the status of self-employment. In general, this thesis will focus on professional team sports, especially the football environment, whose legal framework provides the most suitable sample to demonstrate theoretical conclusions contained herein. For the purposes of comparison, the practice of Great Britain and its legal structure of sports environment will be analysed. The first part of this work will focus generally on sports and its specifics, mainly its separation...
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The issue of the use of biometric data in labour relations
Dobiášová, Lucie ; Morávek, Jakub (advisor) ; Lang, Roman (referee)
The issue of the use of biometric data in labour relations Abstract This diploma thesis deals with the current topic of the legal framework for the protection of biometric data in the context of labour relations. With the development of information technology, interest in the use of biometric data is growing. It is becoming common in the workplace that the biometric data are used, among others, for recording attendance, gaining access either to the workplace itself or to the individual work equipment. Their use is simple and convenient, as employees can use for verification their fingerprints, iris scans, etc. However, biometric data are inherently unchangeable, which is an advantage as well as the Achilles heel of their processing. Therefore, due to their nature, they fall into the category of sensitive personal data and as such enjoy enhanced protection. Development in the field of information technology suggests that biometric data are highly likely to become part of everyday life. Hence, it is more than appropriate for this development to be reflected in the legislation. The aim of this diploma thesis is to provide a general insight into the issue of using biometric data in the labour relations, where a particularly high increase in their use can be expected. The first part of this thesis acquaints the...
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