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Flexible forms of working hours
Knapp, Viktor ; Hůrka, Petr (advisor) ; Lang, Roman (referee)
- Flexible forms of working hours Flexibility is hotly debated term in the recent years and not only in a relation to labour market. This diploma thesis deals with flexible forms of working hours, which represents one of the means to achieve greater flexibility of labour law as well as flexible labour market. Increased options in adjusting working hours based on the needs of the subjects of labour-law relations contributes to more efficient use of employees work, provides new possibilities for some risk groups of employees on the labour market and helps employees in achieving work- life balance. These factors also have positive influence on unemployment rate. The thesis is divided into four chapters, which are further divided into subchapters. The first chapter introduces selected legal principles with the regards to the subject of the thesis. Main focus is on subsidiary relation between civil and labour law and "what is not forbidden, is allowed" principle, which is crucial for flexible forms of working hours, followed by an overview of selected basic principles of labour-law relations and introduction of flexicurity concept. The second chapter builds a foundation and much needed context for subsequent chapters by defining working hours and it's legal regulation on national as well as...
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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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Principle of flexicurity in legal regulation of transfer of rightsand obligations from the employment-law relations
Jouzová, Lada ; Hůrka, Petr (advisor) ; Štangová, Věra (referee) ; Tröster, Petr (referee)
1 Principle of flexicurity in legal regulation of transfer of rights and obligations from the employment-law relations Abstract In her PhD thesis, the author deals with the legal regulation of transfer of rights and obligations arising from employment-law relations in the Czech Republic, in the context of the European union law, from the point of view of the concept of flexicurity in the employment-law relations. This concept includes, on the one hand, elements of flexibility in the realization of employment-law relations, and, on the other hand, security (protection) of employees in these relations which is manifested in particular by the transfer of rights and obligations from their employment-law relations to the new employer itself. At present, when changes in the employers' organizational structure, transfers of activities or tasks, mergers, the purchase of a business or a business lease, but also so called outsourcing, insourcing, and change of suppliers are becoming more and more common in companies, the issue of change of the employer, and consequently, safeguarding and protection of the rights of employees, in particular safeguarding of their employment-law relations, is becoming more up to date. Protection of employees' rights during the transfers of undertakings and businesses is one of the...
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Contractual freedom versus employee protection
Steininger, Jan ; Hůrka, Petr (advisor) ; Morávek, Jakub (referee)
The central theme of this diploma thesis is the mutual relationship between the employee protection and the contractual freedom as legal principles standing against each other. This relationship must be balanced as much as possible within the framework of legislation on labour law relationships, which is the task of labour law. This diploma thesis deals with the assessment of the level of flexibility against the legal instruments used to protect the employee. In other words, this diploma thesis attempts to outline the operation of the modern principle of flexicurity in the Czech law, while also explaining what the flexicurity itself means. The first part of this diploma thesis describes labour law in general terms as a legal branch, its aims and its object. At the same time, it outlines the historical development of labour law relationships with a focus on the operation of the contractual freedom and the employee protection in order to better understand the whole matters. The second part deals with the explanation of the concept of flexicurity and the meaning of its particular parts, which form this concept. The notional first half of this work dealing with the general definition of flexibility and the employee protection is then completed by the third and fourth parts dealing with both the concept...
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Flexicurity and its effects on the Czech labour law
Čapková, Martina ; Hůrka, Petr (advisor) ; Štefko, Martin (referee)
Flexicurity and its effects on the Czech labour law This diploma thesis deals with the topic of flexicurity and its effects on the Czech labour law. After the first chapter, which is focused on the common understanding of the basic concepts of labour law, concentration on the topic itself - the principle of flexicurity - is given. It is a concept that aims to achieve harmony between the flexible arrangements of subjects of employment relationships and the guarantee of a certain level of working conditions for employees. Also the basic elements of flexicurity are explained: employment flexibility and protection of employees. By the introduction to principles of flexicurity also the European Union position to this new concept is explained. The third chapter is focused on the effects of flexicurity in the Czech labour law. In this chapter, also the possible approaches for creating of the legal environment in compliance with principles of flexicurity are explained. This part also deals with the subjects of flexicurity, that can dispose of the flexibility as well as protection of the labour law. In the next section, the employment from the perspective of flexicurity is analysed, as the employment represents the most common labour relation. The chapter deals also with the institutions associated with the...
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Flexicurity in the scope of formation and termination of employment relationship
Hiblerová, Aneta ; Hůrka, Petr (advisor) ; Morávek, Jakub (referee)
My diploma thesis is dealing with the legal issue of formation and termination of employment in the terms of flexicurity, focusing on the individual expressions of flexibility and employee protection in these legal institutes. The issue of flexibility and employee protection in the scope of formation and termination of employment is often discussed on the national as well as European level. Discussion emerges mostly due to the different preferences when the employer could rather benefit from flexibility, while for the employee the employee protection could be more important. To understand the institute of employment easily, the first chapter of my thesis describes Labour law in general and its subject. It slowly follows with the second chapter which is trying to give an explanation of flexicurity concept as well as a description of individual expressions of flexibility and employee protection. To illustrate the up-to-date and still higher importance of this strategy, including the European level, trends and attempts to integrate the flexicurity model into Member States' legislation are analysed. The third and the fourth are the key chapters of my thesis. The individual expressions of flexibility and employee protection are discussed there. The case of termination of employment provides the greatest...
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Transformation of the labour markets in the United Kingdom, Germany and France in 2007-2010
Rouček, Martin ; Young, Mitchell (advisor) ; Šlosarčík, Ivo (referee)
The MA thesis called "Transformation of the labour markets in the United Kingdom, Germany and France in 2007-2010" tests the theory underlying models of capitalism in the context of the EU's Europeanization policies. The theoretical concept is analysed through labour market reforms in the UK, Germany and France between 2007 and 2010. For the purposes of this work, the United Kingdom represents a liberal market economy, Germany a coordinated market economy and France is considered a state-influenced market economy. The time span of the present study is linked to the concept of flexicurity, i.e. the EU's policy aiming to modernize and harmonize the Member States' labour markets, implemented in 2007-2010 within the Lisbon Strategy. The primary objective of the present work is to verify whether the labour market reforms introduced by the British, German and French governments corresponded to their national models of capitalism in the period from 2007 to 2010. The present thesis also explores the degree to which the national governments and socials partners of the UK, Germany and France identified with the concept of flexicurity in 2007-2010. Using the method of a comparative synchronous case study, the research shows that not all labour market reforms were in full compliance with the national models....
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Notice of termination of employment in selected EU member states
Bišof, Petr ; Vysokajová, Margerita (advisor) ; Štangová, Věra (referee)
This master's dissertation deals with notice of termination of employment in three countries, specifically Czech Republic, Federal Republic of Germany and Great Britain, specifically England. The Federal Republic of Germany has been selected because Germany is a country with highly developed economy, however the social function of which is very fundamental that is also reflected in the notice of termination of employment legal regulation. Great Britain was selected because it represents different legal system to Czech republic or Germany, so called common law. British legal system can be further divided into legal systems of England and Wales, Northern Ireland and Scotland. This master's essay deals with the enactment in England. At the same time, it is also one of the economically most developed country in the framework of the European Union and a country in which a great number of Czech citizens seek their work opportunities. As far as structure of the individual Chapters is concerned, they are not arranged herein in the same scheme, because the legal form of the notice in the legal regulations differs so much, as far as conception or legal sources is concerned, that even the breakdown of the individual Chapters respects reflects such differences. Hence, the Chapter describing the notice in the Republic...
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Individual protection of employees in Czech and Slovak labor law
Masnik, Kamil ; Tröster, Petr (advisor) ; Štefko, Martin (referee)
The work deals with individual protection of employees in the Czech and Slovak labor law. Given that still have not been made any implementation of EU directives, including their respective transpositions into labor law is the difference in labor codes in both State concerned. Diferencema topics in the field of protection of individual employees This thesis deals, analyzes it, and not only from the aspect of substantive legislation but also in terms of process, because different jurisprudence us completes a comprehensive overview of the application practice. This work also provides the reader with the necessary insight to the new concept of flexicurity in the labor law in both countries. Finally, we This thesis presents a comparison of the two labor codes from the perspective of an individual employee protection under the influence of flexicurity.
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