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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...
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Account of working time
Peškar, Michal ; Tomšej, Jakub (advisor) ; Matějka Řehořová, Lucie (referee)
Account of working time Abstract The author of this thesis has chosen as his topic the account of working time because it is the most flexible and at the same time the most problematic way of scheduling working time that the Czech labour law regulates. The working time account was introduced as an additional option for scheduling working time as part of the recodification of the labour law with effect from 1 January 2007. Its regulation in the "new" Labour Code is relatively brief. The scholarly literature also discusses it rather briefly and is often limited to paraphrases of the legal text. It does not comment on practical situations and problems except for very few exceptions. Similarly, it is almost impossible to find practical tips and advice for employers. Although the working time account was introduced 15 years ago, it is very rarely used in practice. The author therefore wonders why this is the case. He seeks an answer through a detailed analysis of the legal developments and, above all, the interpretative and practical ambiguities and problems of this institution. He also draws on his legal practice, where he had the opportunity to introduce the working time account with several employers, to set up its rules or to solve problems that arose. In particular, he has dealt with the following areas:...
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Flexible forms of working hours
Kuncová, Gabriela ; Procházková, Eva (advisor) ; Štefko, Martin (referee)
66 Abstract - Flexible forms of working hours This diploma thesis deals with the flexible forms of working hours and its goal is to describe this issue in intelligible and comprehensive way. It is being very interesting and current theme which is to a great extent not subject to direct legal regulations and provides its contracting parties with a big amount of freedom of contract. This fact assists in bigger flexibilization of labour market and represents a significant instrument in the fight against unemployment and economic crisis. This thesis is composed of six chapters. Chapter One introduces the term flexible forms of working hours and briefly describes the content of following chapters. Chapter Two delimits the area of labour law in relation to other branches of law and describes law principles relating to labour law. The following Chapter Three deals with legal regulations of working hours, its length, ways of allotment and international legal regulations. Chapter Four represents an introduction to the flexible forms of working hours. The basic methods of division of flexibility in the relation to the labour market are mentioned here as well as flexible forms of work are divided on the basis of typology which is used in this diploma thesis. This chapter is followed by Chapter Five, which is the most...
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Flexible working hours account within the Škoda Auto a.s.
Bydžovská, Kateřina ; Štefko, Martin (advisor) ; Kotous, Jan (referee)
The aim of my master`s thesis was to approach the issue of working hours as one of the most important working conditions, and its special arrangements known as flexible working hours account. The basis of working hours is contained the Labour Code 262/2006. Working hours are often decisive factor for selecting employment. Mothers welcome the opportunity to negotiate a shorter working time. They can properly take care of their children as well as go to work. Today is very popular flexible working hours. The thesis is devoted to working hours, both at an international and European level. These regulations have a considerable influence on the Czech regulation of working time. ILO conventions have priority over the Czech law. From the 1st May 2004 is the Czech Republic member of the European Union and it implies an obligation to bring Czech legal regulation into conformity with European Union regulation. For regulation of working hours are important judgements of the European Court of Justice. The most important judgements are mentioned in the thesis (e.g. Jaeger, SIMAP). These judgements had big influence on definitions of working hours in Labour Codes of the Member States. Czech Labour Code respects these decisions as well as the Council Directive 2003/88/EC on some aspects of organization of the...
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Flexible forms of working hours
Kuncová, Gabriela ; Procházková, Eva (advisor) ; Štefko, Martin (referee)
66 Abstract - Flexible forms of working hours This diploma thesis deals with the flexible forms of working hours and its goal is to describe this issue in intelligible and comprehensive way. It is being very interesting and current theme which is to a great extent not subject to direct legal regulations and provides its contracting parties with a big amount of freedom of contract. This fact assists in bigger flexibilization of labour market and represents a significant instrument in the fight against unemployment and economic crisis. This thesis is composed of six chapters. Chapter One introduces the term flexible forms of working hours and briefly describes the content of following chapters. Chapter Two delimits the area of labour law in relation to other branches of law and describes law principles relating to labour law. The following Chapter Three deals with legal regulations of working hours, its length, ways of allotment and international legal regulations. Chapter Four represents an introduction to the flexible forms of working hours. The basic methods of division of flexibility in the relation to the labour market are mentioned here as well as flexible forms of work are divided on the basis of typology which is used in this diploma thesis. This chapter is followed by Chapter Five, which is the most...
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Working time account
FRYKOVÁ, Dana
This thesis deals with the institute of "working time account". Working time account is a flexible tool in the field of employment of labor. It is a kind of working time layout, which allows the employees to be assigned work in a certain period to the extent that will meet the needs of employers. Employees are simultaneously paid permanent or flat wage. In this kind of layout, the employee is not legally entitled to the assignment of work within the extent of the weekly working time. The first part of the thesis explains the basic concepts of working time and working time account, including their regulation in the Labour Code. Furthermore, this section deals with the use of flexible forms of work in the Czech and Slovak Republics. It was found that in both countries, in comparison with other European countries, flexible forms of work, including the working time accounts, are not as popular. In the Czech Republic, it is only used by 38 % of companies, mainly by the ones with over 50 employees. It is used most often in a situation where the employer wishes to retain qualified personnel, but doesn´t have work for them temporarily. The second part analyzes the use of working time accounts in terms of company XY. It was found that the employees are not particularly satisfied with the length of the balancing period and don´t like working in the working time account. This work confirmed that the main disadvantage of working time account is associated with increased administration of working hours and wages records. An advantage for the employer is the ability to adapt working hours to the need of work. For employees, it is job security and constant wage.
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