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The issue of fair remuneration
Seidlová, Jitka ; Tomšej, Jakub (advisor) ; Lang, Roman (referee)
The issue of fair remuneration The diploma thesis focuses on the issue of fair remuneration in the Czech Republic, or rather lack thereof. The aim of this paper is to outline and evaluate the legislation of fair remuneration that is currently in effect. It must be said that the current fair remuneration legislation, at the first sight, seems to be sufficient and effective in practice. However, that is not true yet, as one of the remaining issues of fair remuneration is the inequality in the remuneration of women and men, where women are generally paid less than men for the same work. This thesis comprises of five chapters. The first chapter provides an overview and evaluation of the legislation of fair remuneration. The second chapter attempts to define the term "fair remuneration" while also outlining other key terms. In general, fair remuneration is such that is in absolute accordance with the current legislation. However, that does not guarantee that such remuneration would be perceived as fair by the employees themselves. Therefore, each employee should know how he or she is remunerated and what specific criteria affect the amount of his remuneration. It follows that each employer should have a transparent remuneration system in place, which would indicate which criteria play a role in...
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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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The legal framework in remuneration of the employees in Czech republic
Brázdová, Kamila ; Vysokajová, Margerita (advisor) ; Tomšej, Jakub (referee)
The legal framework in remuneration of the employees in Czech republic Abstract The rigorosum thesis deals with the topic of legal framework in remuneration of the employees in Czech Republic. The legislation frame is built with the Act No. 262/2006 Coll., the Labor code, as amended and Act No. 234/2014 Coll., on Civil Service, as amended, and their executive acts. In the dependent work remuneration plays an unmistakable role of great importance. This thesis aims to describe and analyze legal institutes concerning the remuneration of employees in the general legal level. The thesis is divided into six chapters. Chapter one is focused on the definition of general terms such as payment, salary and wage for employment agreement and the distinction between them. Chapter two summarizes the overview and the analysis of sources of law, starting from the international level, through the European Union sources, to the internal law. The common motives that intersect with this whole theme are general and common provisions, the functions of payment and the principles of remuneration (the principle of non- discrimination, fair remuneration, contractual principle and equal pay). Following the wage forms, the catalog of works and the salary scale, this thesis will also include analysis of natural wages and average...
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Protection of Personal Data Prior to Employment
Nová, Karolína ; Morávek, Jakub (advisor) ; Tomšej, Jakub (referee)
Protection of Personal Data Prior to Employment Abstract The development of new technologies has completely changed the view on how personal data is being processed in labor relations. Screening job seekers on social networks or using artificial intelligence to analyze a candidate's predispositions are, at first sight, much less intense and conspicuous forms of invasion of privacy than traditional surveillance methods such as the use of security cameras. Employees and job seekers are therefore in a very disadvantageous position, which has not yet been reflected on the level of EU legislation. The legal regulation of personal data protection is very specific in its abstraction. When processing personal data, it is necessary to keep in mind the basic principles of data handling, and each processing should therefore be (among other things) purposefully limited, minimized, transparent and correct. However, these concepts are so abstract that their interpretation is the subject to countless debates even among personal data protection experts. In view of the above, it is understandable that it may be very difficult for many employers to know what specific measures of data protection are to be applied. For this reason, in practice, there is considerable formalism in the application of some institutes which stems...
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The legal significance of a medical opinion
Macasová, Karolína ; Štefko, Martin (advisor) ; Tomšej, Jakub (referee)
This thesis deals with a topic of the legal significance of a medical opinion. The aim of the work is to analyse the current legal regulation of medical opinions, create a comprehensive interpretation and evaluate the sufficiency and unambiguity of their legal regulation. The topic connects two important and indispensable fields - law and medicine. In addition to the importance and practicality of the topic, the author also chose it because she had participated in a research within the project: "Medical opinions of occupational health service providers and their importance for ensuring safety and health at work of employees", identification sheet No. V11- S4. At the end of the work there is a brief summary of the information obtained in the research. The work is divided into four chapters, which follow each other in both content and logic. The introductory chapter introduces the legal framework of the issue of medical opinions. It does so by mentioning relevant national, international and European legislation. Chapter two marginally describes occupational health services, health care providers, occupational health examinations and a contract for the provision of occupational health services. The main subject of the medical opinions is comprised I chapters there and four. First of all, there is a...
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Interpretation of labour law regulations in the case law of The Supreme Court of the Czech Republic
Šteffek, Artur ; Tomšej, Jakub (advisor) ; Štefko, Martin (referee)
Interpretation of labour law regulations in the case law of The Supreme Court of the Czech Republic Abstract This thesis examines eight rulings of The Supreme Court of the Czech Republic that were handpicked for their extraordinary relevance in labour law. The author of this thesis attempts to find the solution to the problems solved by The Supreme Court in these rulings and then compares his reasoning and conclusions with the ones provided by The Supreme Court while evaluating the validity of the court's reasoning and conclusions along with whether The Supreme Court found its conclusions in a methodically sound manner. Rulings of cases No. 21 Cdo 4986/2010, 21 Cdo 224/2013, 21 Cdo 2745/2013, 21 Cdo 385/2014, 21 Cdo 5433/2014, 21 Cdo 3240/2015, 21 Cdo 1276/2016 and 21 Cdo 1276/2016 were the ones selected for analysis. The subject matter of the rulings listed above is as follows: When can an empoyer terminate a non- compete clause, whether or not specifying the applicable reason for termination in a medical opinion is needed in order to use said medical opinion as grounds for such termination, whether obstacle to work on the employee's part takes precedence over obstacle to work on the employer's part or vice versa, the relation between entitlement to severance pay and compensation provided by the Labour...
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Welfare of people with disabilities and their protection
Dunaj, Stanislav ; Štefko, Martin (advisor) ; Tomšej, Jakub (referee)
v AJ Welfare of people with disabilities and their protection In rigorous work, I describe the basic living situations that a person with a disability can get into over the course of their life, the way they are secured by the state in the area of social security and their support in the area of active employment policy, and not least the benefits that are afforded to them by the state and other private-law entities so that they are not excluded from society beyond what is usual for other persons. The second chapter describes the disability pension scheme for people with disabilities. My focus is on the conditions for the creation, alteration and cessation of entitlement to an invalidity pension and its payment. The procedure for these claims is described in the following sub-chapters. The third chapter is devoted to the security of people with disabilities, the Mobility Allowance and the Special Aid Allowance. The conditions for the creation, alteration and termination of entitlement to contributions and to their payment, as well as other rights and obligations of recipients of such benefits, are included here. The following is a description of the proceedings in which the respective claims are decided. Last but not least, I describe the conditions for obtaining a ZTP card, respectively. ZTP/P and...
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Termination of employment
Jiroušková, Petra ; Štangová, Věra (advisor) ; Tomšej, Jakub (referee)
1 Termination of employments Abstract As its effects often have a very significant impact on employee's life, termination of employment is one of the most important institutes of labour law. For the above-mentioned reason, labour law is based on the principle of protecting the employee as a weaker party, and therefore the Labour Code regulates in detail and unambiguously the methods and conditions of termination of employment and especially obligations of employers and employees' rights in case of employment termination. This rigorous work aims to map new ways of terminating employment in all its contexts, including the rights and obligations of both the employee and the employer. The rigorous work draws not only on the Labour Code, but also on the rich case law, professional literature and the following legislation. The introduction of the rigorous thesis is focused on the historical development of labour law, from the first origins to the Labour Code No. 262/2006 Coll. including all its amendments to date. The second chapter provides support for a comprehensive framework of employment termination that affects the brief characteristics of employment law, the emergence of employment, the concept, and the definition of the terms employer and employee. The third chapter deals with individual types of...
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Liability of the employee for damage
Muzikářová, Jana ; Štangová, Věra (advisor) ; Tomšej, Jakub (referee)
Rigorous thesis deals with the questions of liability of employee for a damage. These questions form fundamental part of labour law, which is with a view to a number of employees in the Czech Republic still actual, becuase it affects more than one quarter of our citizens. I chose this theme, because I am also in the large group of employees as a employed attorney. Rigorous thesis consists of introduction, three chapters and conclusion, whereas the merit of the thesis leans in chapter two dealing with particular types of liability of employee for a damage. First chapter represents introduction into the theme, because it includes general commentary about liability in the labour law. Second and the most extensive chapter includes commentary about particular types of liability of employee for a damage. Third chapter deals with professional indemnity insurance. In this chapter is provided the analysis, which can help to potential applicants to be acquainted in the offer of particular insurance companies. The thesis aims to provide reader compact view on the liability of employee for a damage, with practical overlaps, mainly in form of detailed analysis of a recent practise of the courts. The thesis extracts not only from the study of legal regulations and literature, but it is also aimed on the practise...
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Commencement of employment
Širmerová, Denisa ; Štangová, Věra (advisor) ; Tomšej, Jakub (referee)
The Doctoral thesis deals with a legal regulation of employment relationship establishment. The goal of this thesis is not only to legally analyse the institute of employment relationship establishment using the case law of the Supreme or Constitutional Courts, but also to point out application issues and formulate ideas de lege ferenda in the conclusion. The initial chapter describes concepts and origins of the labour law (both national, and of the EU), and collective agreements and intra-corporate normative acts. The chapter also deals in detail with basic principles of labour-law relationships. After the historical development of the labour law, there is a chapter, in which the author, with regard to the principle of subsidiarity of the Civil Code to the Labour Code, deals with the relationship of the Labour Code to the Civil Code, basic principles of the civil law, the principle of delegation and subsidiarity in labour-law relationships and selected institutes of the civil law, closely related not only with the labour law, but especially with the legal regulation of employment relationship establishment. Considering that an employment relationship can only be conducted in a basic labour-law relationship (unless otherwise stated by special regulations), the author describes legal regulation of...
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