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The concurrence of employment with function of the statutory body in the business corporation
Wejmelka, Radek ; Pichrt, Jan (advisor) ; Drápal, Ljubomír (referee)
72 SUMMARY The concurrence of employment with function of the statutory body was many times resolved in the practice and the judicature but almost after 25 years of judicature development there is no united view, whether the concurrence of employment with function of the statutory body is permissible under the Czech law or not. The main purpose of this thesis is to submit an analysis of this legal problematics in terms of commercial and labour law with overlaps into social security law and tax law with summary of the relevant judicature. The first chapter of this thesis is focused on the general definition of legal entities and natural persons. The second chapter follows up the performance of function of the statutory body in terms of commercial law particularly regarding the conditions and the rights and obligations of member of the statutory body. The third chapter mainly focuses on the employment in terms of labour law and on comparisons of the labour law and commercial law legal relationship. The fourth chapter provides an overview of historical development of the judicature regarding possible solutions found in judicature of High Court in Prague and Supreme Court of the Czech Republic and the arguments for and against the admissibility of concurrence of employment and function of the statutory body in...
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A Comparison of the Legal Status of Professional Football Players in Germany, Italy, the United Kingdom and the Czech Republic
Mojžíš, Lukáš ; Pichrt, Jan (advisor) ; Morávek, Jakub (referee)
in English A Comparison of the Legal Status of Professional Football Players in Germany, Italy, the United Kingdom and the Czech Republic The thesis is, above all, a response to the still largely unresolved situation regarding the Czech legal regulation of the activities performed by professional sportspeople practising the so-called team sports. According to many opinions, it appears highly likely that professional sporting activity fully meets the legal definition of "dependent labour" which should be performed solely within labour relationships in accordance with the labour code; however, the contemporary practice is vastly different. The overwhelming majority of professional sportspeople and their clubs enter into so-called innominate contracts governed by the civil code; this approach has been explicitly found permissible by the Supreme Administrative Court within its stable case-law. On the one hand, such practice provides the flexibility that is much needed in professional sports and is also financially beneficial for both sides. On the other hand, however, it denies sportspeople of the legal protection they would enjoy as employees. This is why there have recently been gradually intensifying calls suggesting that the status quo is unsatisfactory and unsustainable; this conclusion seems to...
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Personal data protection in labour law relationship
Morávek, Jakub ; Bělina, Miroslav (advisor) ; Pichrt, Jan (referee) ; Brádlerová, Libuše (referee)
PERSONAL DATA PROTECTION IN LABOUR LAW RELATIONSHIP JUDr. Jakub Morávek The thesis is concerned with personnel data protection in connection with labour-law relationships. Personnel data protection issue is approached completely here and explanation of it is organically interconnected with cases of its use in labour-law relationships. Factually the thesis is output of grant-aided project GAUK No. 121009 "Personnel data protection in labour-law relationships" researcher of which the author was in the years 2009 - 2012. By no chance the name of above mentioned grant-aided project is identical with the name of the thesis. From the very beginning of the research of the project a monograph dealing with personnel data protection in the context of labour-law relationships, or more precisely thesis dealing with this topic that would be published, was planned as its output. Within four years of intense engagement in personnel data protection in labour-law relationships, in three of which the author worked on above mentioned project, almost thirty articles and papers in professional periodicals and collections,monograph anda rigorous thesis focused on personnel data protection in the process of employment relationship commencement, monograph focused on personnel data protection in the process of personnel...
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Whistleblowing - protection of whistleblowers
Jireček, Přemysl ; Pichrt, Jan (advisor) ; Morávek, Jakub (referee)
The theme of this diploma thesis is the phenomenon of whistleblowing, which has recently become increasingly discussed. The thesis contains seven chapters, in which the author describes the issue of whistleblowing both in theoretical and practical level. Emphasis is placed on defining the concept of whistleblowing, its historical development and exploration of the roots of the first modern whistleblower legislation, which was adopted in 1978 in the United States. The thesis also shows some specifics of whistleblower legislation in countries with Anglo-Saxon legal culture. In the second half, the author deals with the international commitments of the Czech Republic in the area of whistleblowing. It is also mentioned relevant case law of the European Court of Human Rights. Big part of the thesis is devoted to describing the state of the current whistleblowing legislation in the Czech Republic, which is considered to be greatly insufficient. In conclusion, the author suggests de lege ferenda legislative recommendations for future whistleblowing legislation in the Czech Republic.
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Whistleblowing
Bartošová, Tereza ; Pichrt, Jan (advisor) ; Morávek, Jakub (referee)
in English The author's thesis deals with the topic of whistleblowing, which is currently very relevant, because two legislative proposals about the protection of whistleblowers have been submitted recently and also because of the adoption of Government Regulation No. 145/2015, which establishes treatment of notification for state employees. The thesis discusses and presents the views of many authors on the concept of whistleblowing, whistleblower, further it clarifies the division of internal and external whistleblowing and also divides the reporting of whistleblowing on public, confidential and anonymous. The work also presents the history of qui tam actions that are highly associated with the history of whistleblowing. The thesis presents selected aspects of foreign whistleblowing arrangements, namely in the United States of America, which has a long tradition of whistleblowing. The new law to protect whistleblowers, which is effective from 1st January 2015 in the Slovak Republic, is examined in the thesis as well. The author also points out the international obligations for the Czech Republic, which result from the membership in the international organizations and also from being in the European Union. The work provides an overview of the most important documents about whistleblowing in the...
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Comparison of legal regulation of notice of termination in the Czech Republic and Poland
Szopová, Magdalena ; Pichrt, Jan (advisor) ; Drápal, Ljubomír (referee)
Title: Comparison of legal regulation of notice of termination in the Czech Republic and Poland The aim of this master thesis is the comparison of legal regulation of notice of termination of employment relationship in the Czech Republic and Poland. This paper provides an overview of the legislation of notice of termination in these two states and in the end contains the comparison and evaluation of legal regulations concerned. The work consists of eight chapters, introduction and conclusion. The first chapter outlines the international and European legislation related to labour law with emphasis on termination of employment. The chapter contains a number of international conventions adopted in particular within the ILO as well as European legislation which deals with this issue. The second chapter contains treatise on termination of employment relationship in general, where the basic sources of national labour law in each country and a brief description of all forms of termination of employment relationship are stated. This chapter also contains a brief description of the relationship between civil and labour law and its development. The third chapter discusses the substantive aspects of notice of termination. It starts with general commentary on the concept of notice of termination, continues by...
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Selected issues of status of a professional athlete
Mareš, Ondřej ; Pichrt, Jan (advisor) ; Morávek, Jakub (referee)
Thesis title: Selected issues of status of a professional athlete This paper deals with a status of a professional athlete in relation with sports organisation in which he realises sporting activities. After analysing today's praxis and the whole complex of relations of professional athlete related to his sporting activities author supports an idea that the relation of a professional athlete and the club is similar to the one of an employee and an employer of that intesity that incorporation of status of a professional athlete to the status of an employee in Czech republic is only a matter of time. That is why in latter part of the paper there are analysed some of the main enactments of the czech code of labour which would be in case of the incorporation mentioned above de facto incompatible. Before uncovering lots of problems which would be caused by adoption of status of an employee by a professional athlete in team sports the work heads to the international area, where it elaborately examines some of the most significant cases dealt with by the European Court of Justice. Above all there can again be seen undisputable tendency of taking a professional athlete similar to an employee. Furthermore the significant role of European law in affecting intrastate law and the posibility of pressure on...
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Illegal work and its persecution
Stonjek, Patrik ; Pichrt, Jan (advisor) ; Štefko, Martin (referee)
The topic of this diploma thesis is illegal work and its persecution. Unconditional predisposition for discussion about this topic is an analysis and definition of dependent work. Therefore, this problematic is discussed in the first - introductory chapter of the presented text. In the following chapter the author is concerned with illegal work and its forms. The accent is put especially on administrative delict of enabling of illegal work, its legislative development in the past years and the role of negative law-maker - the Constitutional Court correcting the sanctions given for this administrative delict. The third chapter focuses on administrative delicts related to illegal work that are included in the Act of Employment and Act on State Labour Inspection. The last chapter is dedicated to illegal work in the context of the whole Czech legal system, which means on the commercial law, criminal law, tax law and statutory deductions level. In the summary the findings acquired in the prior chapters are concluded and the author expresses his opinion on the possible future development of regulation of illegal employment in the Czech Republic.
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Whistleblowing
Švandelíková, Klára ; Morávek, Jakub (advisor) ; Pichrt, Jan (referee)
This thesis addresses the subject of whistleblowing. This is currently very topical in the Czech Republic, due to the recent Decree of the Government on measures regarding reporting of suspicious activities in civil service bodies as well as on-going legislative works. These works are aiming to create new law, which aspires to deal with whistleblowing in a more comprehensive manner. The thesis also addresses existing regulations that deal with whistleblowing. The constitutional system offers some rules on which you can base the lawfulness of whistleblowing. Individual regulations can be found in labour law, criminal law, administrative law or civil law. Legislation of protection of personal data and protection of journalistic sources are also relevant. There is still debate as to the exact definition of whistleblowing. In this thesis whistleblowing is defined as reporting harmful or unwanted conduct by internal or third parties, via a specific system of notification relevant to an entity's (in which the reporting occurs) scope. In all cases the informant should be protected from retaliatory measures. This thesis also addresses the history of experience with whistleblowing, in America up to the second half of the 18th century. Part of the thesis is also dedicated to international legislation...
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The right to strike and lock-out
Zelená, Taťána ; Pichrt, Jan (advisor) ; Hůrka, Petr (referee)
The aim of this thesis called "The right to strike and lock-out" is to provide a comprehensive overview of the theory and practice of the right to strike. The thesis is divided into four separate chapters. The first one focuses on the theoretical aspects of the right to strike, a large space is devoted to the species and forms of strikes. The second chapter deals with the strike in the field of international law, in addition to describing the current law seeks to analyze the opinions of the relevant committees of the International Labour Organisation and the Council of Europe. The third chapter focuses on the right to strike in the legislation of the Czech Republic. Attention is paid to the right to strike under the Collective Bargaining Act. The last chapter deals with the right to lockout. The intention is a brief characteristics of this right of employers, as the counterpart of the strike.
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