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Social security of parents taking care of children
Vojta Grundmanová, Lenka ; Koldinská, Kristina (advisor) ; Tomšej, Jakub (referee)
Social security of parents when providing childcare Abstract The thesis "Social security of parents when providing childcare" deals with the topic of current legislation of social security which aims to help the parents to effectively reconcile their personal and working life during the period of early childcare (approximately up to three years of age). The aim of the thesis is to analyse and assess current social security laws and their application and practical impact on the parents providing childcare. The thesis focuses on the social benefits of parental allowance, maternity allowance, and also on maternity grant and paternity benefit, as well as on the provisions of the Labour Code concerning the protection of the parent as employee. In terms of reconciliation of private and working life, the thesis also discusses the situation of the childcare services. The aim of the thesis is not to introduce all of the aspects of the social benefits or theoretical analysis of legal provision but rather practical analysis of insufficient or dysfunctional provisions or concepts of the social security law that prevent our society from faster evolution towards modern and flexible parenthood. The results of the analysis raise contradictory feelings. An enormous amount of resources as well as attention is paid to the...
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Legal aspects of care for dependent persons
Presser, Šimon ; Tomšej, Jakub (referee)
Legal aspects of care for dependent persons More than half a million people in the Czech Republic is directly affected by the issue of care for dependent persons. It concerns not only those who are relying on care due to a physical or mental disability, but also those who provide the necessary care. Regarding the providers, so-called informal carers constitute majority of them. They are often family members who provide care without any official formalization, contract, or registration. However, as a group, informal carers are repeatedly overlooked. While emphasising the rights, duties and needs of both dependent persons and carers, this paper aims to comprehensively evaluate the current legal framework regulating the care for dependent persons. Firstly, the system of care in the Czech Republic is generally described followed by the presentation of specific forms of care highlighting the position of informal carers. Secondly, the paper brings up an analysis of basic activities of daily living that are crucial for the assessment of dependence. Subsequently, the administrative procedure in which the assessment is undergone is closely depicted. Nevertheless, the main focus of the paper lies in the analysis of the rights and obligations of the persons dependent on care and the informal carers. Hence,...
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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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Implementation of the Civil Service Act with regard to the stability of the service relationship
Ptáčková Melicharová, Lenka ; Tomšej, Jakub (referee)
Implementation of the Civil Service Act with regard to the stability of the service relationship Abstrakt The thesis aims to descript and evaluate the Civil Service Act. Particular attention is paid to its implementation, as well as to compensating the state of government before the law takes effect, and finally to the partial more detailed treatment of Kazuistic examples. At work, I have set out to objectively, with the help of available resources and data, whether in practice the objectives of the Civil Service Act are being met, that is to de-politicise the civil service, increase transparency and stability of government, increase professionalisation, but also enhance the efficiency and performance of service offices. In the first chapter, in the context of those objectives, I set out working hypotheses that will be verified during the process of the thesis and confirmed or rejected at the conclusion of the work. For the purposes of this work, I defined three hypotheses: 1. The implementation of the Civil Service Act will increase the stability of State Government 2. Implementing the Civil Service Act will increase the expenditure on performing this service i.e. the civil service will be far more costly. 3. Implementing the Civil Service Act will not improve the efficiency of the civil service, but there...
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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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Liability of the employee for damage
Cozl, Marek ; Štangová, Věra (advisor) ; Tomšej, Jakub (referee)
Liability of the employee for damage Abstract The content of this thesis is the issue of employee's liability for damage caused to employer. The topic of the thesis is constantly relevant, as it concerns a large number of people, because in the first quarter of 2020 more than four million employees were registered in the Czech Republic. The issue of employee's liability for damage, respectively its compensation is a very sensitive topic for employees, as compensation for damage, for example in the amount of several monthly incomes, is a significant intervention in the economic situation of almost every employee. In addition, the regulation of employee liability for damage, given its long- term strong protection of employees, can have an impact on the labor market, as employers are often exposed to the significant risk of damages they may demand from employees. As a result, employers may prefer other forms of cooperation than on the basis of an employment contract. The aim of the thesis was to give a clear and comprehensive interpretation of the institute of employee's liability for damage, to analyze this institute in detail and analyze the legal regulation of various types of employee's liability for damage in connection with selected relevant case law, and finally to provide partial proposals de lege...
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The employment status of persons caring for a child
Havlová, Eliška ; Štangová, Věra (advisor) ; Tomšej, Jakub (referee)
The employment status of persons caring for a child Abstract The content of this thesis is the employment status of persons caring for a child. It is a topic that affects most people, mainly women, as it is a very current issue with a high social importance. Parenthood and childcare have a significant impact on an employee's working life, as the position of these persons under labor law is considerably more difficult and their protection is therefore absolutely essential in this area. The thesis deals in a comprehensive way with individual areas of labor law that are affected by child care. The thesis is concentrating on all phases of child care and according to this the thesis is divided systematically into five chapters. The first chapter analyzes the current legislation not only on national but also international level as well as it analyzes the European Union law. The second chapter is devoted to the working conditions of women during their pregnancy, the third chapter deals with the time after childbirth, such as maternity, the institution of maternity leave and the corresponding benefit of social security law. The rights of the father of the child after childbirth are also taken into account. The fourth chapter deals with parental leave together with parental allowance. The final chapter deals with...
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Non-compete clauses and similar arrangements
Kozlová, Petra ; Tomšej, Jakub (advisor) ; Štefko, Martin (referee)
Non-compete clauses and similar arrangements This diploma thesis is concerned with contractual arrangements between the employee and the employer restricting the employee from a certain action after the termination of his employment with the employer. The aim of this thesis is to provide a comprehensive overview of non-compete clauses and similar arrangements in labour law, to define their shortcomings and to evaluate the current legal framework and the future applicability of such arrangements in the Czech labour law. The thesis mainly describes the institute of restrictive covenants, consisting of non-compete clauses, non-disclosure agreements and non-solicitation clauses, for which it often uses foreign legislation as sources of inspiration. In order to fulfil these goals, the thesis is divided into three chapters, which are subsequently divided into subchapters. The first chapter is devoted to the history and development of non-compete clauses in the Czech Republic. The subchapters are divided chronologically, with the essential part being devoted to the period from the establishment of the independent Czech Republic to the date of effectiveness of the current Labour Code. The regulation of the non-compete clause reflected in the Labour Code is examined in the second chapter of the diploma...
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