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Professional sport and its legislation
Hejl, Filip ; Štefko, Martin (advisor) ; Morávek, Jakub (referee)
Professional sport and its legislation I choose this topic for its currency and for in my opinion ignored need of solving problems mentioned in the thesis. In scope of this thesis I tried not only to assess legal status of individual and collective professional sportsmen or in other words of performance of their activity on professional level, but I also tried to solve chosen problematic points resulting from the confrontation of professional sport activity and strict provisions of Czech law (in particular Labour Code), by which the performance of sport activity and related legal relations are governed. Thesis is systematically divided into four chapters besides the introduction and conclusion which contains other subchapters. These subchapters specify topics contained in chapters. First chapter is the introduction to the topic devoted to reciprocal relation of sport and law. In this chapter I deal with the term "sport" and its possible definition from the law point of view and its basic organization and division in general. There is also one subchapter dedicated to act on support of sport. In second chapter I deal with the performance of sport activity by individual professional sportsman in detail and with two possible options of its inclusion into law. New Civil Code is also reflected here....
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Identifying obscured employment or: how to avert the associated risks
Doležal, Radim ; Morávek, Jakub (referee)
Identifying obscured employment or: How to avert the associated risks Summary The thesis explores the issue of obscured employment and obscured agency employment. Its roots are in practical experience and real needs of actual subjects. In practice, the issue of obscured employment and obscured agency employment is particularly important in relation to outsourcing of one's business activities to another person. However, the current legal regulation is not perfectly clear when it comes to definition of these two legal problems and their identification in practice. This is true especially in relation to the issue of obscured employment. Thus, the goal of this thesis is to identify the elements defining obscured employment and obscured agency employment. Added value of this thesis is then introduction of possible ways of how to organize an outsourcing relationship so that the relevant authorities do not assess such relationship to be obscured employment or obscured agency employment. In other words, how to avert the risks associated with obscured employment and obscured agency employment. This follows straight from the defining elements of these two legal issues identified in the thesis. The foundations of this thesis are laid in analytical definition of fundamental, mostly labour law, concepts used herein....
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Flexible performance forms of dependent labour
Česal, Tomáš ; Morávek, Jakub (advisor) ; Lang, Roman (referee)
FLEXIBLE PERFORMANCE FORMS OF DEPENDENT LABOUR - ABSTRACT The paper deals with individual flexible forms of the dependent labour and their legal regulation in the framework of the Czech law. As a hypothesis a claim is stated, that the flexibility is in general very low, or more precisely that the legal framework regarding flexible forms of dependent labour is highly rigid. The method of analysis of primary and secondary sources is used in order to examinate the claim. Introduction of the paper is concerned with theoretical excurse into manifestation of flexibility in the labour law, or more precisely in the area of chosen topics which closely relate to the theme of flexible forms of dependent labour. Flexibility is examined in context with important phenomena occurring in labour law: flexicurity, protective and organisational functions of labour law, subsidiarity of civil law to labour law, liberalisation etc. Partial conclusions concerning individual institutes are presented in topical chapters, whose layout is chosen accordingly to the basis of current prevailing concerning doctrine. Considerably more attention is given to those flexible forms, whose future progress could be anticipated. This way, an area for research is shown. These areas include for example joint work duty, on-call duty and...
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Professional sport and its legislation
Hejl, Filip ; Štefko, Martin (advisor) ; Morávek, Jakub (referee)
Professional sport and its legislation I choose this topic for its currency and for in my opinion ignored need of solving problems mentioned in the thesis. In scope of this thesis I tried not only to assess legal status of individual and collective professional sportsmen or in other words of performance of their activity on professional level, but I also tried to solve chosen problematic points resulting from the confrontation of professional sport activity and strict provisions of Czech law (in particular Labour Code), by which the performance of sport activity and related legal relations are governed. Thesis is systematically divided into four chapters besides the introduction and conclusion which contains other subchapters. These subchapters specify topics contained in chapters. First chapter is the introduction to the topic devoted to reciprocal relation of sport and law. In this chapter I deal with the term "sport" and its possible definition from the law point of view and its basic organization and division in general. There is also one subchapter dedicated to act on support of sport. In second chapter I deal with the performance of sport activity by individual professional sportsman in detail and with two possible options of its inclusion into law. New Civil Code is also reflected here....
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Dependent labour, including the issue of so-called "Švarc systém"
Slavík, Nikola ; Pichrt, Jan (advisor) ; Štefko, Martin (referee)
The master's thesis focuses on one aspect of labour law in the Czech Republic. Specifically, it provides a thorough interpretation of the Czech legal regulation of dependent labour, including the issue of the so-called švarcsystem. In order to achieve such purpose, the thesis uses information from the Act No. 262/2006 Coll., the Labour Code, as amended, the Act No. 435/2004 Coll., The Employment Act, as amended, available doctrinal literature and case law of Czech courts and the European Court of Justice. The interpretation is performed by a comparision of the past and present Czech regulation, as well as the theoretical background and practical implications, which is the core of the focus of the master's thesis.
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The Agreements on Work Performed Outside of Employment
Stárková, Taťána ; Štangová, Věra (advisor) ; Vysokajová, Margerita (referee)
The Agreements on Work Performed Outside of Employment The aim of my thesis was to summarize the current and former legislation of legal relations established by the Agreements on Work Performed Outside of Employment. I focused my work on private law legislation, especially on the area of labour law and also on the public law legislation, such as social security law and tax law. By using the analytical method of research of the above mentioned, I concluded to what extent is such institute still needed and what possible changes shall the legislator consider to reflect the best the current needs of the society. To examine the legal situation, it was necessary to summarize the relationship between civil and labour law and also to define certain terms closely related to the institute of Agreements on Work Performed Outside of Employment in the first and second part of my thesis. Such terms include especially the notion of dependent labour and dependent activity as well as the notion of employment itself. The next part of my work discusses the history of legislation of both types of the Agreements on Work Performed Outside of Employment. The fourth part of the thesis deals with the analysis of the up to date legislation governing this institute. Finally the work also refers to application problems that...
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