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Atypical Forms of Employment from the Perspective of Flexicurity
Kvapilová, Monika ; Morávek, Jakub (advisor) ; Matějka Řehořová, Lucie (referee)
Atypical Forms of Employment from the Perspective of Flexicurity Abstract The aim of this thesis is the assessment of the legal regulations of selected types of atypical employment from the perspective of the concept of flexicurity. It aims is to analyze the legal regulations of selected types of employment, to identify key elements of flexibility, security and employee protection, and critically evaluate whether the current legal framework meets the requirements of the Czech labor market or not. In case of the requirements not being met, possible solutions shall be proposed within the considerations de lege ferenda. This thesis consists of an introduction, four main parts, which are further divided into chapters and subchapters, and a conclusion. The first part offers a brief introduction to labor law. The second part focuses on the concept of flexicurity, its origin, various interpretations of different professionals, and its utilization in employment policies. It describes several different types of flexibility, security, and employee protection, and their reflection in labor law institutions. The third part is concerned with employment, dependent work, and the distinction between typical and atypical employment. The key part of this thesis is the fourth part, which examines specific forms of atypical...
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Atypical Forms of Employment
Machala, Jan ; Morávek, Jakub (referee)
The thesis deals with atypical forms of employment, from their definition, through legal regulation to their use in practice. Atypical employment is a highly topical issue in labour law. This is confirmed by the development in the European Union countries, where an increasingly clear shift from the typical employment relationship model to atypical forms of employment can be observed. Atypical employment can be a tool to promote higher employment rate, flexible adaptation to the requirements of the labour market and reconciliation of work and family life. The thesis consists of an introduction, three chapters systematically divided into subchapters, and a conclusion. The first chapter deals with the development of labour law in the Czech Republic. The second chapter deals with labour law in the sense of its concept, subject and position in the legal system. The core part of the thesis is its third chapter, which deals with selected atypical forms of employment regulated by the Czech legal system. It analyses agreements on work performed outside the employment relationship, temporary assignment, agency employment, temporary employment, part-time work, job sharing and performing work from home. After an assessment of atypical forms of employment, considerations are presented on the possibilities for...
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Atypical Forms of Employment
Machala, Jan ; Štangová, Věra (advisor) ; Tomšej, Jakub (referee)
The thesis deals with atypical forms of employment, from their definition, through legal regulation to their use in practice. Atypical employment is a highly topical issue in labour law. This is confirmed by the development in the European Union countries, where an increasingly clear shift from the typical employment relationship model to atypical forms of employment can be observed. Atypical employment can be a tool to promote higher employment rate, flexible adaptation to the requirements of the labour market and reconciliation of work and family life. The thesis consists of an introduction, three chapters systematically divided into subchapters, and a conclusion. The first chapter deals with the development of labour law in the Czech Republic. The second chapter deals with labour law in the sense of its concept, subject and position in the legal system. The core part of the thesis is its third chapter, which deals with selected atypical forms of employment regulated by the Czech legal system. It analyses agreements on work performed outside the employment relationship, temporary assignment, agency employment, temporary employment, part-time work, job sharing and performing work from home. After an assessment of atypical forms of employment, considerations are presented on the possibilities for...
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Liability in Labour Law
Procházková, Šárka ; Morávek, Jakub (advisor) ; Lang, Roman (referee)
Thesis Title: Liability in Labour Law This diploma thesis deals with the issue of liability in labour law. The aim of the thesis is to evaluate the legal regulation of liability in selected areas in the light of current legal regulation as valid in Czech Republic. The thesis is divided into two key parts. The introduction chapters are devoted to the interpretation of generally used terms regarding the legal liability in labour law and also its specifications. This part of the thesis focuses also at the system of prevention, including responsibilities of employers and employees during its execution, and at basic functions of labour law with focal point on the protection function that pervades the whole system of labour law. The conclusion of this first half deals with the summary of current legal regulation of employer's and employee's liability in Czech labour law. The detailed analysis of selected topics, in the view of labour law, is presented in the second part of the thesis. These include remote work, home office and job sharing. In case of remote work and home office we speak about flexible forms of work performance. Despite the popularity and rich use of these abovementioned forms, they are almost omitted by the legislator. Legal regulation is to be found only in one single paragraph of...
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Harmonization of the professional and personal lives of employees
Všetečková, Tereza ; Štangová, Věra (advisor) ; Vysokajová, Margerita (referee)
Harmonization of the professional and personal lives of employees Abstract The content of this thesis is the harmonization of professional and family life from a legal perspective. Especially with regard to the family life of the individual. This is a topic that both women and men related to. This is a current issue, as it resonates with the whole society and influences its development and growth. Appropriate balance of these two areas can lead to a happier life of the individual, higher work performance and an increase in birth rates. The aim was to comprehensively and structurally compile the area of harmonization of professional and personal life, to point out possible problems or discrepancies in legislation in this area. This is done by describing the legal regulation of individual institutes and by providing proposals de lege ferenda. I proceeded from the basic hypothesis that this is an area where gender inequality is still visible and that the process of development in this area is still not complete. The work is divided into five chapters. The first chapter deals with the basic legal regulations governing the harmonization of personal and professional life from an international and national perspective. The second chapter is devoted to the basic institutes of this area, their definition, their pros...
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Occupational Health and Safety with Focus on Atypical Forms of Employment
Zichová, Aneta ; Morávek, Jakub (advisor) ; Tomšej, Jakub (referee)
Thesis Title: Occupational Health and Safety with Focus on Atypical Forms of Employment The thesis aims to analyse and present the rules of occupational health and safety (OHS). The second goal of the thesis is the research of OHS solutions in atypical forms of employments with regard to current development of working relationships. The thesis also deals with the question of atypical forms of employment and the ensuring of OHS in Germany (GER). The collected information is used for comparison and evaluation of both countries and their attitudes toward OHS in atypical forms of employment. Part of the thesis is also devoted to possible course of OHS in the atypical forms of employment de lege ferenda including potential inspiration from GER in connection with ensuring of OHS. The thesis is mainly based on study of laws, relevant literature, comments and current articles. In the thesis, the descriptive and analytical method are used and at the end supplemented by the comparative one. The thesis is divided into six chapters that are split systematically into subchapters. The first part is focused on the definitions of fundamental terms that are further used in the following chapters. In the introductory subchapters the thesis deals with the term OHS itself, atypical forms of employment, work accidents...
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Atypical forms of employment
Čeňková, Anna ; Štangová, Věra (advisor) ; Vysokajová, Margerita (referee)
This diploma thesis focuses on atypical forms of employment, which have recently been frequently discussed also in the Czech Republic. Popularity of atypical forms of employment is increasing, because employees want better balance between family and work life. Thesis presents various trends in employment such as flexibility, which is described regarding the European Union policy and labour law principles. It also includes a historical excursion into the emergence and functioning of the phenomenon of flexicurity and explains the concept of work-life balance in terms of its use within the Czech Republic. The core part of the diploma thesis revolves around two atypical forms of employment: employee sharing and job sharing. It explains their functioning, maps their occurrence in the Czech Republic and appreciates their advantages and disadvantages. Also portrays how employee sharing is regulated and works in the Federal Republic of Germany along with usage and legal means of job sharing in the United Kingdom. Diploma thesis is concluded by suggestions for legal regulation and application of employee sharing and job sharing in the Czech Republic based on the evaluation with the German and British regulations. Keywords atypical forms of employment, job sharing, employee sharing, flexicurity, work-life...
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Atypical forms of employment
Marek, Jan ; Hůrka, Petr (advisor) ; Tomšej, Jakub (referee)
The modern globalized world is developing rapidly thanks to communication technologies. This trend brought about the need for new and atypical jobs and flexible forms of work. National legislations are responsible for allowing such flexibility. These new forms of work as well as atypical jobs make it possible to better reconcile personal and working life and lead to increased labour productivity, which is in the interest of both employees and employers. This is closely related to the concept of flexicurity, which represents the effort to strike balance between the flexibility of labour law relations and the protective function of labour law. This balance is the legislator's goal. However, said goal is challenging to achieve, given the opposite interests of employees and employers. This thesis is divided into four main chapters and subsequent subchapters. The introduction is focused on a general introduction to the topic and objectives of this proposal. The first chapter summarizes the concept of flexicurity and European and Czech efforts to achieve it. Then it proceeds to the description of its implementation in Denmark with advantages and disadvantages of the possible use of this model in the Czech Republic. The second chapter focuses on the definition of the key terms: atypical form of...
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Homeworking
Ravlyk, Šimon ; Hůrka, Petr (advisor) ; Tomšej, Jakub (referee)
Šimon Ravlyk, Homeworking, Dissertation thesis, Charles University in Prague, Faculty of Law, Department of Labor Law and Social Security Law, Prague, 2018. Number of pages 101. The topic of this dissertation thesis is a debated issue called "homeoffice and homeworking", which originates from "atypical and flexible forms of work/employment", which are not captured in our labour code as a relevant section that describes legal foundation for setting up standards for employees, nor the employer. The Selected topic comes out of current needs of labour market, ergo needs from the companies, employers and employees. These needs are rising from changes and implementations of new terms and conditions for working out of employers work place, it also originates from demands of young population for more flexible and "free" working time. It comes hand in hand with industry revolution called Industry 4.0. The thesis is brainstorming about changing the established terms of atypical forms of work, if they even still are "atypical" or did they become a new standard for employment relations. Dissertation thesis describes to date atypical forms of employment and mutually compares them together. It is also focusing on comparing labour law in our labour code and the labour code of Slovak republic. Next the thesis is...
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Atypical forms of employment
Kaše, Miloslav ; Štangová, Věra (advisor) ; Štefko, Martin (referee)
Mgr. Ing. Miloslav Kaše, CSc., Atypical forms of employment, Rigorous thesis, Charles University in Prague, Faculty of Law, Department of Labor Law and Social Security Law, Prague, 2017. Number of pages 134. The topics of rigorous thesis are some selected atypical forms of employment and flexible working arrangements that the Czech labor law not yet fully knows and uses. The chosen theme is based on current trends in labor law highlighting flexicurity as a mutual individual employment relationship between employer and employee, which through atypical forms of employment and flexible working arrangements allows the freedom and flexibility for the employer and the guarantee and protection by minimum labor standards on the part of the employee. This paper also briefly compares atypical forms of employment and flexible working arrangement with Slovak labor legislation. This paper describes and evaluates selected atypical forms of employment and flexible working arrangements - homeworking, job sharing, interim management, on call work, labor pooling and voucher system - both from the perspective of employers, who often promote greater freedom and flexibility of labor legislation and from the perspective of employees who are more interested in the introduction of atypical forms of employment and flexible...
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