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Compensation of damage to property and intangible damage resulting from a work injury or occupational disease
Maryšková, Věra ; Vysokajová, Margerita (advisor) ; Tomšej, Jakub (referee)
Compensation of damage to property and intangible damage resulting from a work injury or occupational disease Abstract The thesis discusses compensation of damage to property and of intangible damage that has resulted from a work injury or an occupational disease. This is an important legal institute regulated primarily by Act No. 262/2006 Coll., the Labour Code, as amended, further referred to as the "Labour Code, however also by a range of other laws further elaborating the matter. When discussing the matter, it is impossible not to also discuss the regulation of Act No. 89/2012 Coll., the Civil Code, as amended, further referred to as the "Civil Code", since the Civil Code applies in the cases that are not expressly addressed in the Labour Code and since it is valuable to compare the rights of the damaged person under the general civil law and the labour law. The analysis of the laws is supplemented by selected case law, namely produced by the Supreme Court and the Supreme Administrative Court of the Czech Republic, in particular such case law that provides answers to certain questions of interpretation. The thesis not only discusses the obligations of the employer in the event the employee injures himself during work or contracts a disease during work and the related rights of the employee but also...
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Legal and illegal work of foreigners in Czech Republic
Novakovská, Ivana ; Tomšej, Jakub (advisor) ; Morávek, Jakub (referee)
The topic of this diploma thesis is legal and illegal work of foreigners in Czech Republic. Both legal and illegal work are related to the performance of dependent work. Therefore, the thesis begins with the definition of this term when the author describes the individual characters of dependent work stipulated not only by the law but also by applicable case law. At the end of the first part, several tests of employment which are helpful for the identification of the performance of dependent work are explained. The second part is devoted to the conditions of foreigners' stay and employment in the Czech Republic, divided into two groups of foreigners. Firstly, the citizens of the EU, EEA and Switzerland and their family members, especially regarding the free movement of workes stipulated by the Treaty on the Functioning of the European Union and the topic of posting workers in the context of the transnational provision of services. Secondly, the third-country nationals who may obtain a work permit, an employee's card, a blue card or a card of an internally transferred employee for the purpose of their employment on a certain working position within a certain employer, unless they have free acces to the czech labour market. The author presents also the governmental programmes of economic migration....
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The protection for pregnant employees from termination of employment
Betuštiaková, Anna ; Tomšej, Jakub (advisor) ; Morávek, Jakub (referee)
This thesis provides an analysis and comparison of the EU and national legislation concerning protection for pregnant employees from termination of employment. The main goal of this thesis is comparison of the legal protection based on the Council Directive 92/85/EHS and other legal elements incorporated in the Act no. 262/2006 Labour Code. Pregnant woman is in very specific position in terms of employment relations, and she is considered to be a weaker party. Nevertheless, regular employee is also considered to be a weaker party, but in comparison of the legal protection between employee and pregnant employee, we will unambiguously conclude, that level of protection is considerably higher for the pregnant employee then for the regular one. And it is for a legitimate reason since a pregnant employee, during pregnancy and maternity, is endangered not only from the physiology perspective but also from social security perspective. For this reason, the legal acts concerning position of the pregnant employee, in the national or European level, are mostly in their favour. Simultaneously this thesis mentions some of the important judgements, in which courts are once again mostly in favour of pregnant employee. This thesis analyses the level of protection of those employees and evaluates the sufficiency...
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Termination of the employment relationship by the notice of termination
Čáp, Ľubica ; Hůrka, Petr (advisor) ; Tomšej, Jakub (referee)
Termination of Employment by Notice Abstract The topic of the rigorous thesis is the termination of employment by notice with more detailed focus on the notice of termination given by the employer. The objective of the thesis is to give as complex overview of the problematics of termination of employment by notice as possible with emphasis on the more or less basic or often discussed questions concerning this topic. I have conducted an analysis and interpretation of current legislation using rich relevant judicial case law and professional interpretative or other legal literature concerning the given problematics. For choosing this way of processing the topic I have decided on the basis of my own practical experience as active lawyer providing the legal services among other also in the field of the labor law, when with reference on my practical experience I consider the problematic of notices of termination and related questions as very common subject of legal proceedings. Following this I have to unfortunately say that even though among other the valid notices often causes problems for both employers and employees. The rigorous thesis is structured into seven parts. The first part is dedicated to the termination of employment in general. In the second part the thesis deals with the essentials and giving...
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Employment of foreigners in the Czech Republic
Krabcová, Adéla ; Vysokajová, Margerita (advisor) ; Tomšej, Jakub (referee)
1 Employment of foreigners in the Czech Republic Abstract This thesis deals with the issue of employment of foreigners in the Czech Republic. This thesis consists of three parts: (i) the introduction, (ii) ten chapters which are further divided into parts and (iii) the conclusion. Summaries are provided in the end of the most of the chapters and sometimes they also contain de lege ferenda suggestions. Fundamental terms connected with the employment of foreigners (e.g. EU citizens, family members of EU citizens, third-country nationals or employment) are explained in the first chapter. Terminology of this thesis is stated in this chapter. The second chapter characterizes types of residence permits for EU citizens, family members of EU citizens and third-country nationals. Temporary, long-term and permanent residence are described in this chapter. The third chapter deals with employment of EU citizens, their family members and third-country nationals in general. Employment of refugees, illegal workers and unreliable employers are also discussed. The fourth chapter focuses on employee card and all the relevant aspects such as announcement of a job vacancy, submitting an application for an employee card, course of the proceedings on application for an employee card or extension of the validity of an employee...
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The issue of the termination of the employment relationship (with an excursion into the legal regulation of the Federal Republic of Germany)
Čihák, Adam František ; Hůrka, Petr (advisor) ; Tomšej, Jakub (referee)
The theme of this thesis is the issue of the termination of the employment relationship in the legal regulation of the Czech Republic. The thesis elaborately analyses the various ways of the termination of the employment relationship and some related issues. In addition, the theses makes individual excursions into the legal regulation of the Federal Republic of Germany. Within the issue of the termination of the employment relationship, there is a principle of the protection of employees as weaker parties to the employment contract clearly manifested. The issue of the degree of protection of employees is still a topical issue, discussed both among experts and laical public. This thesis consists of an introduction, eight chapters further divided into subchapters and a conclusion. The chapters include unnumbered excursions into the legal regulation of the Federal Republic of Germany. The first two chapters provide for the next part of this thesis the necessary basic characteristics referring to labor law in general and specifically in the Czech Republic (and in the Federal Republic of Germany). The key chapters of the thesis are chapters three to eight. Chapter three provides a general explication of the termination of the employment relationship, Chapter four (the termination of the employment...
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Selected Legal Aspects of Personality Assessment in the Recruitment Process
Černá, Martina ; Vysokajová, Margerita (advisor) ; Tomšej, Jakub (referee)
Selected Legal Aspects of Personality Assessment in the Recruitment Process Martina Černá This thesis deals with some essential legal aspects of personality assessment (also called "personality testing") in the recruitment process, focusing on the cases when personality testing (or any other form of psychodiagnostics) is not specifically regulated by a respective profession-specific law. This is of particular importance as the personality tests are capable to reveal private and often sensitive data about the job applicant, while their use is only regulated by the most general provisions of the applicable law. While personality assessment has been part of the recruitment process in many companies, there is no standard practice setting out when and to what extent its use is necessary or useful. As a result, the employers are left to rely only on their own judgment, which does not always appear to be sound. Some experts in psychology warn against inappropriate use of psychodiagnostics methods (not only) in recruitment and human resources advisory, pointing out that there's not enough regulation to protect psychodiagnostics against misuse. In order to seek potential answers to this issue, I addressed a broader legal context of personality testing and analysed the existing relevant law to assess to what...
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The Prohibition of Discrimination Based on Disability in the Field of Employment Relationships
Kreiža, Vladimír ; Tomšej, Jakub (advisor) ; Lang, Roman (referee)
The Prohibition of Discrimination Based on Disability in the Field of Employment Relationships Abstract The aim of this master's thesis is to evaluate the standard of the protection of people with disabilities from discrimination in the field of employment relationships in the Czech Republic, to identify the reasons of this state and especially to provide de lege ferenda proposals, that could lead to the increase of the standard of the prohibition of discrimination based on disability in the field of employment relationships. The used research methods are mainly analytical and empirical methods. The master's thesis starts with the legislative regulation of the prohibition of discrimination based on disability in the field of employment relationships on the international law level, where the Convention is crucial, and continues toward the level of EU and national law. Czech anti-discrimination law embodied especially in the Antidiscrimination Code and regulating the prohibition of discrimination based on disability in the field of employment relationships, is based on the Framework Directive. Therefore, a significant part of this thesis is devoted to the Framework Directive and the relevant Court of Justice of the EU's decisions, within the CJEU interpreted the Framework Directive and filled many white...
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Invalid and Apparent Termination of Employment by the Employer
Baběrad, Jan ; Tomšej, Jakub (advisor) ; Morávek, Jakub (referee)
71 Invalid and Apparent Termination of Employment by the Employer Abstract This diploma thesis deals with an everlasting issue: invalid and apparent termination of employment by the employer. The text of the thesis is divided into five chapters, further segmented into subchapters, some of these consisting of even lower level chapters. The first chapter covers the historical development of labor law and its separation from civil law into a separate branch of law with its own code. The following chapter defines the basic legal concepts, which are employment and legal transaction, as well as the invalidity and appearance of legal transactions. The second chapter also contains a reflection on the meaningfulness of the legal institute of appearance of a legal transaction. In the third chapter are analyzed specifics of the invalidity of legal transactions in labor law and the consequences of invalidity of the employment termination. The core of the diploma thesis is formed by the fourth and fifths chapters, containing a non- exhaustive list of reasons for invalidity and apparent termination of employment by the employer and a more detailed definition of these reasons, including a thorough analysis of some contentious issues. It was also necessary to cover the ineffective delivery of a document which leads to the...
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Performance of work outside the employer's workplace
Daněk, Martin ; Pichrt, Jan (advisor) ; Tomšej, Jakub (referee)
1 Performance of work outside the employer's workplace Abstract The goal of this diploma thesis is to critically assess the current legislation regulating performance of work outside the employer's workplace contained in the paragraph 317 of the Labour code and to describe historical roots of this institute. Further this diploma thesis aims to describe eventual shortcomings of the current legislation and to propose some legislative changes. This diploma thesis is divided into 9 chapters including the introduction. In the first and second chapter there is an introduction of the problematics of the performance of work outside the employer's workplace and definition of the basic concepts, specifically homeworking and teleworking. In the third chapter there is a description of historical roots of the performance of work outside the employer's workplace in the era of the First republic, Protectorate of Bohemia and Moravia and socialism. The core of this diploma thesis is in the fourth, fifth and sixth chapter, where there is a description of conditions, under which it is possible to perform work outside the employer's workplace and different working conditions, which these employees have. In the sixth chapter there is a description of practical problems, which the performance of work outside the employer's...
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