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Legal Status of Persons in Platform Economy
Menzelová, Kristýna ; Tomšej, Jakub (advisor) ; Morávek, Jakub (referee)
Legal Status of Persons in Platform Economy Abstract The thesis focuses on the legal status of persons who are involved in the platform economy. Under certain circumstances, these persons, called service providers in the thesis, are on the borderline between the legal status of an employee and the legal status of a self-employed entrepreneur. One of the causes of this unclarity is the practices of some digital platform providers that are applied to the service providers. These practices are commonly used by the employer to their employees rather than between business partners. For instance, these practices can include the control mechanisms, the evaluation system, or the unilateral determination of price and the way of service providing. The focal point of this thesis lies in an analysis of legal status of service providers resulting from the legal relationships that are concluded on digital platforms. Due to the unavailability of the contracts that are the base of these legal relationships, it is the terms and conditions of the particular digital platform providers that are used for the analysis. The labour law regulation is applied to the legal relationships defined in this way focusing on the question, whether the activity of service providers fulfils the characteristics of dependent work. Subsequently,...
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Employment Relationships focusing on Employee Benefits
Dobešová, Michaela ; Macháčková, Sylva (referee) ; Musilová, Helena (advisor)
The thesis is about the issue of labour relations with a focus on providing benefits for employees. The theoretical part of the thesis focuses on defining the most important labor and economic terms for better understanding of the issue. The analytical part of the thesis describes the businessman XYZ s.r.o. and his current employment situation. The end of the thesis looks at the problem of the businessman and structure of employee benefits designed for employees. The benefits try to increase the competitiveness of the businessman and his attractiveness in the labour market.
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The sharing economy and digitalization: challenge for complex modification of labor law?
Tkadlec, Matěj ; Morávek, Jakub (advisor) ; Pichrt, Jan (referee)
THE SHARING ECONOMY AND DIGITALIZATION: CHALLENGE FOR COMPLEX MODIFICATION OF LABOR LAW? ABSTRACT This diploma thesis discusses the phenomenon of last decade called sharing economy, which has many different forms and names. In its purest meaning, the sharing economy concerns behavior of economically active entities that, in order to reduce their own costs or to use their spare capacity, share free resources. As the best examples of sharing economy, we can name capital platform Airbnb, where people share their unused immovable in order to generate profit or work platform BlaBlaCar trough which people reduce their car costs while travelling one-off long-distance trips. However, as mentioned above, sharing economy has many different forms. One of them, which cannot be recognized as its pure form, is provided by Uber. Uber, as well as BlaBlaCar, created mobile platform trough which providers of transport services can get in touch with users of these services. Despite this similarity, there are several significant differences from which one can conclude that Uber is not a classic provider of information technology services, such as BlaBlaCar. That was also borne out by foreign courts, including European Court of Justice. On that basis, a question arises, whether Uber drivers really carry on the activity of...
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Illegal work and its persecution
Šuda, Marek ; Morávek, Jakub (advisor) ; Štefko, Martin (referee)
The topic of this diploma thesis is the illegal work and its persecution, whereas the main goal is to point out and analyze the most important institutes relating to the illegal work, to identify the relevant legislation and to point out problematic issues of the regulation and its application. The text is systematically divided into three main chapters, in particular the field of dependent work, illegal work and finally the sanctioning of illegal work. The introductory chapter of this thesis deals with dependent work, the definition of which is a necessary condition for further interpretation of illegal work and its persecution. After a brief introduction to the legislative history and the legal definition of this term, the particular characteristics of the legal definition and, subsequently, the conditions of performance of dependent work are discussed. Further, the case law of the Supreme Administrative Court and the related additional characteristics of the dependent work which the court has defined beyond the legal definition are mentioned. The second chapter finally deals with the main topic of the thesis which is the illegal work. After defining the legal definition of illegal work and a short reminder of its legislative development, the further text is divided according to the different...
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Illegal work and its persecution
Stonjek, Patrik ; Pichrt, Jan (advisor) ; Štefko, Martin (referee)
The topic of this diploma thesis is illegal work and its persecution. Unconditional predisposition for discussion about this topic is an analysis and definition of dependent work. Therefore, this problematic is discussed in the first - introductory chapter of the presented text. In the following chapter the author is concerned with illegal work and its forms. The accent is put especially on administrative delict of enabling of illegal work, its legislative development in the past years and the role of negative law-maker - the Constitutional Court correcting the sanctions given for this administrative delict. The third chapter focuses on administrative delicts related to illegal work that are included in the Act of Employment and Act on State Labour Inspection. The last chapter is dedicated to illegal work in the context of the whole Czech legal system, which means on the commercial law, criminal law, tax law and statutory deductions level. In the summary the findings acquired in the prior chapters are concluded and the author expresses his opinion on the possible future development of regulation of illegal employment in the Czech Republic.
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Labour - law aspects of "Švarc system" focussed on the Concept Dependent Work
Sedláčková, Kateřina ; Koldinská, Kristina (advisor) ; Hůrka, Petr (referee)
The term 'Švarc system' began to appear in The Czech Republic in the late 80s and early 90s of the 20th century with the gradual thawing of the restrictions which were put on private enterprise. Owing to this development, businessmen started widely entering into contracts with the persons, with whom a labour-law employment contract according to valid standards of labour code would have been signed and these people would have become their employees. The aim for such businessmen's behaviour was the effort to save money on the payment to the national social and health insurance systems, to avoid, or better to say, to get round the rigid norm regulation of the labour code as well as to avoid tax charge, especially in the field of natural person income tax from dependent activity. The creator of 'Švarc system' is Mr. Miroslav Švarc, a businessman from Benešov. If we want to identify precisely the term 'Švarc system' and identify its primary features, then it is necessary to find out, whether the aspect of the carry out work shows the features soft subordinate work or not. Subordinate work in the labour code is defined with the basic definitional indicators as well as the conditions which must unconditionally become reality. Among the basic features of subordinate work belong the work in relation to the...
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The Status of a Professional sportsman in terms of Labour Law
Baťhová, Lucie ; Vysokajová, Margerita (referee) ; Štefko, Martin (referee)
This Thesis deals with the issue of a status of a professional sportsman in terms of labour law. First chapters are dedicated on the definition of dependent work in terms of the Labour Code and the questions of basic institutes of labour law, which are essential for proper comparing with the status of a professional sportsman. Further the key concepts of a professional sportsman and sport club are defined from the view of Czech Law. This Thesis continues with a treatise on legal relations between professional sportsman and sports clubs as well as detailed analysis of legal contracts between professional sportsman and sports clubs. After analysing the fundamental questions of the legal relationship between a professional sportsman and a sports club, this work focuses on the question of comparison of the labour section with the section dealing with professional sportsman. Primarily to answer a fundamental question, whether the performance of sports activities can be considered as a dependent work according to the Labour Code. Even though it is an essential question, it is problematic within the scope of Czech legal system, because there is no proper legislation. We don't even find support in the Czech case law, which doesn't contain clear definition of this issue. At the end of my thesis I deal with...
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Illegal work and penalties for such work
Kmínek, Petr ; Morávek, Jakub (advisor) ; Hůrka, Petr (referee)
This thesis deals with selected issues of illegal work and its punishment, especially in terms of administrative offences. It focuses, in particular, on terminology related to illegal work, inspection activities of the labour inspection office and punishment of illegal work in administrative proceedings. The main reason why I have selected this topic is because I have been interested in labour law ever since I was studying it as a compulsory subject. There is a broad range of topics to choose from in labour law, but I have chosen the area of illegal work because of my previous experience from working in regional inspectorate of the State Labour Inspection Office, based in Ústí nad Labem, as this topic falls into its scope of authority. The main goal of this thesis is to provide a theoretical definition of illegal work, to describe the inspection procedure of employers and administrative procedure regarding the inspected entities. Furthermore, one of the goals of this thesis is to point out certain deficiency in current legal framework, especially regarding practical problems with the application of law. The prologue introduces the topic of illegal work, defines structure of this thesis and its mains goals. The thesis itself is then divided into four chapters. The first chapter focuses on dependent...
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Dependent work in the area of modeling
Rak, Jindřich ; Štefko, Martin (advisor) ; Morávek, Jakub (referee)
This diploma thesis concerns legal relations in the modeling sector, particularly between models and their agencies. Its aim is to analyze present contracts, rights and duties and to discuss them from the perspective of labor law. A hypothesis is presented which assumes that those relations are de facto relations between workers and their employers despite the form and name of the agreement between contract parties, which refers to it as a business deal. The thesis consists of two main chapters. The first of them introduces the concept of "dependent work," which is used by the Czech legislation to determine which relations should be regulated by the labor law. It covers the reasons for such a concept, argues with the present legal criteria of dependent work and offers other approaches for identifying it. The second chapter deals with the practical problems present in the professional modeling branch. It shows the display of standard modeling work in the Czech Republic and the poor legal standing of models. By exploring the contracts and content of practical modeling work and judging whether they meet the criteria of dependent work, the thesis proves its hypothesis, namely that modeling in the context of the Czech legal system should be considered an employer-employee relationship. At the end of the...
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The dependent work
Květoňová, Petra ; Štefko, Martin (advisor) ; Hůrka, Petr (referee)
The aim of this diploma thesis called The dependent work is to assess a current legal regulation of the dependent work and consequences of its performance outside a labour law relationship. This practice that is also known as a so-called švarcsystém, i.e. the mutual relationship between two parties in which a natural person performs the dependent work for another natural person or legal entity on grounds of a commercial- law or civil law agreement and therefore outside a labour-law relationship, has been as of 1 January 2012 regarded as illegal work. The regulation of labour law in the Czech Republic has been significantly changed as of 1 January 2012, including amendments to Labour Code and Act on Employment. The amendment to the Labour Code changed a legal definition of the dependent work that is one of the main terms of the Czech labour law. The performance of the dependent work outside the labour law relationship has been regarded as the illegal work due to the amendment of the Act on Employment. In this diploma thesis the definition of the dependent work as well as of a related term, a dependent activity, is explained based on the current legal regulation as well as the decision-making practice of the Czech courts. These terms are crucial for regarding a certain activity as an illegal work....
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