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Illegal work - performance of work outside the basic employment relationship
Benešová, Romana ; Tomšej, Jakub (referee)
Illegal work - performance of work outside the basic employment relationship Abstract The topic of this diploma thesis is illegal employment according to the provisions of § 5 letter e) point 1 of Act No. 435/2006 Coll., on employment, as amended. The thesis deals exclusively with the fulfillment of the definition of illegal work by performing work outside the employment relationship, ie situations where there is either a concealment of dependent work, its performance without a valid employment contract or the performance of work on examination. The main goal of this work is to connect the field of employment with the field of administrative punishment and thus gain comprehensive knowledge about illegal work and its punishment. The thesis provides a detailed analysis of the current legislation on illegal work and links its wording with selected case law, thus creating a comprehensive overview of the issues addressed. This diploma thesis is divided into four main chapters. In the first part, the graduate focuses on the definition of the terms dependent activity and dependent work, which are necessary for understanding the issues of work outside the employment relationship. The second part of this work describes in detail the possibilities of fulfilling the definition of illegal work, while its important...
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Pension reform
Šuchma, Petr ; Štangová, Věra (advisor) ; Tomšej, Jakub (referee)
Pension reform Abstract This master thesis contains analysis of the pension system in the Czech Republic, its comparison with pension systems in several countries and description of historical and contemporary designs of pension reform. My ownassessment of this problematics is in conclusion. The introduction of this master thesis describes the theoretical concept of the pension system, contains detailed analysis of valid regulation of the Czech pension system (including its constitutional basis),the main first pillar,whichis financed by the pay as you go system and which represents pension insurance, as well as the supplemental pension savings as a voluntary participation pillar. Furthermore, this thesis marginally concerns procedural regulation, thus organization and proceedings in the matter of pension insurance. It describes relations between public authorities that are empowered in the area of pension insurance and description of the procedure itself. This thesis also contains an overview of pension systems in Slovakia, Sweden and the Netherlands. These countries have been selected because the Slovak and Czech pension systems are very comparable and Swedish and Dutch pension systems are generally considered some of the best in the world, whereas each of them stands on different bases. This thesis also...
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Trends and changes in the performance of working from home in recent years
Černohorská, Eliška ; Matějka Řehořová, Lucie (advisor) ; Tomšej, Jakub (referee)
The diploma thesis is divided into two parts, the first part is conceived as theoretical, which deals with the trends in the development of the legislative regulation of work from home and the legislative process of the draft amendments to the Labor Code from 2016 and from 2022. For the context of the entire institute of work from home, in the first the historical development of working from home is also mentioned in the thesis. The 2022 amendment to the Labor Code is analyzed in more detail and its legislative process is also described. The aim of the thesis was to evaluate the original legislation on working from home and the proposed amendments. Act no. 262/2006 Coll., the Labor Code, which was void and effective until 30/09/2023. Within the framework of working from home, the diploma thesis deals in more detail with reimbursement of costs and safety, health and protection when working from home. Since working from home cannot be grasped separately from other issues, the diploma thesis marginally touches on institutes related to working from home, namely: taxes in connection with another place of work performance and working from home in relation to the environment. In the second part, the thesis is devoted to practical research on working from home from the period before the global Covid-19...
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The position of the employee in the changing world of dependent work
Tkadlec, Matěj ; Morávek, Jakub (advisor) ; Tomšej, Jakub (referee) ; Šimečková, Eva (referee)
THE POSITION OF THE EMPLOYEE IN THE CHANGING WORLD OF DEPENDENT WORK ABSTRACT This dissertation theses focuses on the issue of dependent work with regard to the phenomenon of the so-called sharing economy or platform economy. In its first part, I therefore discuss in detail what is actually meant by dependent work, what has been its historical development in our territory, and how its individual definitional features are interpreted, as defined in Section 2(1) of the Labor Code, as well as other features imported by case law, which are the consistency of work and its performance for remuneration. I conclude that the definition of dependent work as it is currently written in the Labor Code may in many cases erode the labor market rather than preserve legal certainty. The reason for this is that, particularly in the 21st century, the labor market is undergoing significant changes which, among other things, have resulted in new expectations, attitudes and requirements for mutual contractual relations on the part of both employers and employees. Strictly speaking, the definition of dependent work still corresponds to so-called factory work, but it is very skeletal when applied to more modern and flexible forms of employment such as those found in the IT sector or the sharing economy. For this reason, in the...
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The Obligation of an Employer to compensate for non-pecuniary damage
Matějka Řehořová, Lucie ; Tomšej, Jakub (referee)
The Obligation of an Employer to compensate for non-pecuniary damage Abstract The presented dissertation thesis deals with the topic of the employer's obligation to compensate for non-pecuniary damage. It comprehensively presents the issue of the employer's obligation to compensate for non-pecuniary damage, from the constitutional and theoretical basis of protection of human life and health, through pointing out to the reflection of the basic principles of labour relations in the field of non-pecuniary damage, to the definition of specific application problems in claims of non-pecuniary damage, including a proposal for their solution. The thesis does not neglect the relevant case law of the highest national and international courts, including the analysis of its impact on the interpretation of selected legal institutes in the field of non-pecuniary damage compensation. Thorough attention is paid to the general principles of non-pecuniary damage and a comprehensive interpretation of selected institutes in the field of applicable legislation on compensation for non-pecuniary damage in civil and labour law, including legislative proposals de lege ferenda. In the thesis, as one of the research questions, a possible subsidiary application of the Civil Code to the field of the liability employment relations is...
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Working hours and rest periods
Bednářová, Tereza ; Vysokajová, Margerita (advisor) ; Tomšej, Jakub (referee)
Working hours and rest periods Abstract The master's thesis deals with the topic of working hours and rest periods. These legal institutes are presented not only from the perspective of current domestic legal regulations de lege lata but also outline their historical development from the medieval period to the present, including their significant connections with both EU and international law. A significant part of the work is also dedicated to flexible forms of working hours, such as remote work, which popularity has increased in recent years, especially in the context of the global COVID-19 pandemic. At that time, this alternative method represented an ideal way to minimize the risk of disease transmission while allowing both employees and employers to continue their work activities. Given that both working hours and rest periods affect nearly every economically active individual in the labour market, the master's thesis also briefly mentions related psychological impacts that can occur in an individual's life in connection with the setting of working hours and rest periods. Technological advancements in recent decades have been gaining momentum and bringing many changes in almost all stages of a person's life. This places significant demands not only on individuals themselves but also on legal...
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The employment of women in leadership positions from the labor law perspective
Černá, Julia ; Koldinská, Kristina (advisor) ; Tomšej, Jakub (referee)
THE EMPLOYMENT OF WOMEN IN LEADERSHIP POSITIONS FROM THE LABOR LAW PERSPECTIVE ABSTRACT This thesis focuses on the issue of gender-based discrimination in the field of economic and political leadership. It explores various forms of discriminatory conduct and examines the viability of positive measures and the rationales for their adoption. Special attention is given to the examination of the institute of quotas, their impact on the current (lack of) gender equality, and the prospects of integrating them into our legal framework through labor law regulations. The thesis outlines previous attempts to introduce them, the current stance towards their implementation and some regulatory models that can be observed in foreign jurisdictions. Within a broader sociological-economic context, the thesis analyzes specific barriers that hinder women in their career advancements, such as the glass ceiling and tokenism. It analyzes the causes and consequences of labor market segmentation in terms of horizontal and vertical segregation and emphasizes the problematic nature of this phenomenon. The main objective of the thesis is to analyze current legal systems in terms of international, European Union, and Czech law in their efforts of addressing the aforementioned issue. Relevant legislation regulating this area is...
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The agreements on work performed outside of employment
Gryciková, Julie ; Matějka Řehořová, Lucie (advisor) ; Tomšej, Jakub (referee)
This thesis deals with the issue of agreements on work performed outside the employment relationship. The thesis focuses not only on the currently valid regulation concerning this institute, but also on the changes that agreements on work performed outside the employment relationship are likely to face in the near future. The thesis consists of six chapters. The first chapter places labour law in the context of the Czech law system and the second chapter places agreements on work performed outside the employment relationship in the context of labour law or labour relations. The following two chapters provide the reader with an overview of the features distinguishing agreements on work performed outside the employment relationship from the employment relationship itself, and other features typical of such agreements. The amendment to the Labour Code is currently going through the legislative process, transposing the European Union Directive on transparent and predictable working conditions in the European Union and the Directive on work-life balance for parents and carers into our legal system. This part of the paper offers the reader an overview of the most important changes that agreements on work outside the employment relationship are likely to see. The fifth chapter deals with specific...
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Remote work
Janšta, Lukáš ; Morávek, Jakub (advisor) ; Tomšej, Jakub (referee)
Remote Work Abstract This thesis deals with the issue of remote work, or in other words, mobile work as this thesis calls it. In the first chapter, the concept of mobile work is defined, while the lack of unified terminology in both, academic literature and practice, is addressed. The thesis then analyses the current legal framework concerning mobile work, demonstrating through specific examples that practice, expert community, as well as the Ministry of Labour and Social Affairs and the legislator (through the respective explanatory report), often consider the provisions of Section 317 of the Labour Code as the regulation of mobile work. The thesis critically examines this approach, identifying Section 317 of the Labour Code as a relic of the historical legal institute of so-called home employment, concluding so, among other thigs, on the basis of a direct comparison of the wording of Section 317 of the Labour Code with relevant historical legal regulation. Consequently, the thesis concludes that mobile work per se, strictly speaking, is not regulated by the law, even though the regulation of home employment bears a significant resemblance to mobile work. Subsequently, the thesis analyses the wording of Section 317 of the Labour Code itself, concluding that it is not entirely satisfactory. The dispositive...
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Protective function of labour law in the case law orf Czech courts
Vopelka, Adam ; Pichrt, Jan (advisor) ; Tomšej, Jakub (referee)
The title of the thesis: Protective function of labour law in the case law of Czech courts Abstract: This thesis focuses on the protective function of labour law in the case law of Czech courts. The protective function of labour law is one of its essential functions and has a close relation to employee protection as the weaker party of employment relationships. Courts as public authorities and decisions-making bodies significantly affect the final form of the protective function, while providing protection to the rights of employees. Considering the fact that the protective function is immanent to labour law and the case law of Czech courts further develops, in my opinion, this thesis deals with a topical and evolving issue. The content of this thesis is divided into four chapters. The first chapter describes the meaning of protective function in labour law, its role as a fundamental principle of employment relationships, and legal consequences related to it. Its part is also the brief explanation of the concept of "flexicurity". The second, third and fourth chapter deal with three fields of labour law, in which the protective function is significantly reflected. These fields are remuneration, employee protection against dismissal and working conditions including OSH. In each of these chapters...
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