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Issues of labour relations in health care
Vitáčková, Nikola ; Tomšej, Jakub (advisor) ; Matějka Řehořová, Lucie (referee)
Title: Issues of labour relations in the healthcare sector The thesis deals with selected labour law problems that arise in the performance of work in the healthcare sector. The introduction defines the basic terms that are necessary for understanding this thesis as a whole, especially terms from the labour law as well as terms from the medical law. Other parts of the thesis are focused on specific areas of labour law, which have certain specificities in the healthcare sector. In particular, the specific working time in the healthcare sector, such as overtime work or on-call work. Furthermore, the issue of compulsory breaks at work, which are often not counted by health service providers towards the work performance of specific health professionals, even though they are not allowed to take a full break because their work must not be interrupted. An equally important issue in the field of employment relations in the healthcare sector is the possibility of taking additional leave, which is granted to employees who perform work that is particularly difficult and the performance of which can have a negative impact both on the physical aspect and also on the mental state. Since one of the basic principles of the performance of dependent work in employment relationships is the payment of remuneration for...
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Criminal Liability of Legal Entities in Healthcare
Janatová, Pavla ; Vokoun, Rudolf (advisor) ; Bohuslav, Lukáš (referee)
The aim of the diploma thesis is to define presumptions of the criminal liability of healthcare providers and answer the question in which circumstances and under what conditions can healthcare providers can be criminal liable. The diploma thesis is divided into nine chapters. The first chapter deals with legal entities, particularly their history and definition in Czech legal order. In second chapter I envisage with the basic medical law terms importing in relation with the subject of the diploma thesis, especially I mentioned health related services, healthcare, services to promote and maintain health, healthcare provider and patient. In the third chapter I define in general the fundamental types of legal liability in the health care sector and in the subchapter I analyse the institute of the informed consent, which is in my opinion an important aspect in defining legal liability in healthcare. Further in the fourth chapter I focus specifically on criminal liability, which I first define as such, including the individual circumstances that exclude unlawfulness, then I deal with the criminal liability of legal entity and its possible criminal conduct in relation with the provision of healthcare. I also analyze the terms of lege artis and vitium artis procedure, which are usually the necessary...
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Criminal Liability of Legal entities focusing on Healthcare Providers
Suchánková, Tereza ; Gřivna, Tomáš (advisor) ; Bohuslav, Lukáš (referee)
70 Abstract: Criminal Liability of Legal Entities focusing on Healthcare Providers As of 1 January 2012 a new act no. 418/2011 Coll., Act on Criminal Liability of Legal Persons and Procedure against them, has been effective in the Czech Republic, which incorporated a possibility to prosecute legal persons for selected crimes besides individuals. In June 2016, a new act no. 183/2016 Coll. Act that makes changes to the act. no. 418/2011 Coll., Act on Criminal Liability of Legal Persons and Procedure against them was adopted. The main change it brings to the Czech legal system is that legal persons will be able to commit all the crimes stated in act no. 40/2009 Coll., Criminal Code, except for few crimes enumerated. Under this act, legal persons will be able to commit crimes against the life and health and due to that there is a big chance of prosecution of healthcare providers. The aim of this master thesis is to define in which situations one should consider the criminal liability of healthcare providers. Additionally, this document also aims to outline the general rules of the subject matter, and to determine the limits of its application. To interpret the legal regulation, descriptive and analytical methods are being used. The author compares Czech legislation with the legislation of other European...
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