National Repository of Grey Literature 158 records found  previous11 - 20nextend  jump to record: Search took 0.00 seconds. 
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...
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...
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...
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...
Working Time Account in the Czech Republic and in selected EU countries
Flachs, Milan ; Štefko, Martin (advisor) ; Tomšej, Jakub (referee)
The topic of the diploma thesis is the institution of working time account in the Czech Republic and in selected countries of the European Union. Its aim is to carry out a detailed analysis of the Czech legal regulation of the working time account and a comparative analysis with the foreign legal regulation, as well as to present the author's de lege ferenda considerations and to increase awareness of this unappreciated method of scheduling working time. The thesis contains an introductory part, which is devoted to the topic of working time in its traditional concept, and which, beyond the general interpretation, contains an analysis of the case law of the Czech courts and the Court of Justice of the European Union. In addition, the author discusses some practical problems that arise in the field of working time. This part lays the foundation for the following text and the author uses the interpretation contained therein as a frame of reference for the purposes of the other parts of the thesis. The second part of the thesis focuses on the legal regulation of the working time account in the Czech Republic, both its current version and its historical development. It presents a detailed analysis of all aspects of the working time account, both in legal- theoretical and practical terms. It describes...
Legal status of professional football players according to the labor law
Skokánek, Tomáš ; Tomšej, Jakub (advisor) ; Lang, Roman (referee)
In this thesis, I deal with the legal status of professional football players according to the labour law. The thesis is divided into three parts. The aim of the first part of the thesis was to analyze whether the performance of professional football is dependent work that must be therefore performed in a basic employment relationship. Furthermore, in this part I dealt with the possible forms of cooperation between players and clubs according to the current legislation in the light of the judgments of the Supreme Administrative Court, which I am analyzing. The aim of the second part of the thesis was to analyze the practical applicability of the Labor Code to the performance of a professional football. I also looked at the consequences for the players of the fact that they do not perform their activity in an employment relationship. The aim of the third part of this thesis was to consider whether a legislative change is needed to solve the problem of the uncertain status of professional football players. In this part, I draw attention to the risks associated with possible regulation, but I primarily propose, in my opinion, the best solution to the given situation. First in the annotated version, and then also in the paragraph version. The conclusion of this work shows that the position of professional...
Inspection of occupational safety and health protection
Sahula, Michal ; Štefko, Martin (advisor) ; Tomšej, Jakub (referee)
Inspection of occupational safety and health protection The topic of this diploma thesis is the conduction of inspection in the field of occupational safety and health protection (OSHP). The thesis aims to analyse the conduction of these inspection activities and the associated rights and obligations of individual entities that take part in this activity. Term conduction of inspection can be understood as conduction of inspection activities performed by an employer and associated subjects, employees and their representatives and inspection activities of administrative agencies with a focus on the conduct of inspection by the labour inspection bodies. The introduction briefly introduces term occupational safety and health protection and inspection. In the first chapter is described historical development of the term OSHP and inspection of OSHP. In the second chapter are listed elemental sources of legislation in the field of OSHP and inspection on the international level, level of the European union and domestic level. The third chapter is focused on the internal inspection of OSHP and is divided into two parts. The first one focuses on the description of the conduct of inspection activities by the employer and associated entities. The second part describes the rights of employees and their...
Sexual harassment and other forms of harassment at a workplace
Jíchová, Leona ; Tomšej, Jakub (referee)
Sexual harassment and other forms of harassment at a workplace Abstract This thesis focuses on the issue of sexual harassment and other forms of harassment within the framework of employment relations. It addresses sexual harassment, which can be considered as one of the most serious forms of harassment, as well as a type of discrimination that represents an unwanted, intense and crucial interference in the working life of a harassed person. The aim of this thesis is to analyse the importance of adequate prevention in individual workplaces, the relevance of establishing applicable control mechanisms to ensure compliance with set rules and the inadequacy of the currently provided protection for victims. This thesis proposes possible corrections and tools that should ideally be applied in workplaces and their compliance should be enforced and monitored by state authorities. Moreover, it is gradually supported by related judgements on the matter. The premises and hypotheses are compared with the results of various surveys and studies. The main chapters contain suggestions and considerations aimed at improving the current situation. This thesis is divided into seven chapters. The individual chapters are structured in such a way that the reader first gains a theoretical understanding of the issue and is thus...
Legal analysis of "švarcsystém" and related issues
Řehounek, Miroslav ; Matějka Řehořová, Lucie (advisor) ; Tomšej, Jakub (referee)
Legal analysis of "švarcsystém" and related issues Abstract This thesis aims to provide a comprehensive overview of a labour law phenomenon known as "švarcsystém" in the Czech Republic. This practice can be described as the performance of dependent work as a self-employed person rather than an employee in a regular employment relationship. Though enough attention is paid to its historical roots and its development from the early 1990's, the thesis also later presents ideas on how to deal with this practice. To give the aforementioned and promised "comprehensive overview", the thesis first summarises the developing understanding of what exactly constitutes švarcsystém and where its boundaries lie by analysing the related statute law and case-law up to the time of the thesis' writing. The author describes the latest crucial conclusions of the Czech highest courts on how to distinguish between genuine self-employment and cases of illegal work as that is how švarcsystém is legally understood in the statute-law. What follows is a comparison of an employment relationship and a business relationship of a self-employed person, from both the legal and economic perspective from which the motivation to use this type of legal framework is more clearly visible. The thesis then also pays attention to the downsides of...
Equal pay
Staňková, Martina ; Tomšej, Jakub (advisor) ; Matějka Řehořová, Lucie (referee)
The aim of the thesis is to explain the concept of equal pay, if society talks about equal pay at all, or rather if it talks about unequal pay. In order to understand the concept of equal remuneration, firstly it is necessary explain the definition of remuneration, its types, and the related systems of payment of individual remuneration. The concept of equal pay is based on fundamental principles such as the principle of equal treatment, the principle of fair pay and the principle of non-discrimination, which are always codified in legislation of the highest legal force. The thesis deals in detail with the legal regulation of equal pay, all at world, EU and domestic level. In contrast to global or EU legislation, national legislation is younger and less developed, yet it is given due attention. A thorough analysis can determine whether the legislation at the above levels is sufficient, applied and enforceable. The issue of equal pay or pay gap and the definition of equal work or work of equal value are also addressed by the Czech judiciary. The thesis provides key decisions that helps to develop the legal provisions. Gender and gender inequality are closely linked to the concept of unequal pay, as gender is the most common cause of unequal pay. Gender inequality in pay is expressed through the GPG...

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