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Notice of termination of employment in selected EU member states
Mihálik, Matej ; Tröster, Petr (advisor) ; Štangová, Věra (referee)
Notice of termination of employment in selected EU member states The aim of this thesis is comparison of legal regulation of the notice of termination of employment in three legal systems within the EU: Slovak, English and Swedish. The thesis deals with the notices of employers and in the conclusion it contains comparison and evaluation of the legal systems. The thesis comprises four chapters. The first chapter deals with international and european legal regulation of employment termination, in particular regulation of notice of termination. The chapter contains description of international treaties and conventions concluded mainly within International Labour Organisation as well as european legal regulations and directives dealing with this matter. The second chapter deals with the Slovak regulation. At the beginning, it starts with general description of employment termination, it continues with the general requirements on notice and notice period. In the next part, the chapter describes specific notice reasons, special duties of the employer during the termination of employment and ban on the dismissal for protected groups of employees. The final part of the chapter focuses on the remedies of an employee in the case the notice of termination is declared invalid. The third chapter contains the...
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Notice of termination of employment served by employer for employee's health reasons
Svatošová, Leontina ; Matějka Řehořová, Lucie (advisor) ; Morávek, Jakub (referee)
Notice of termination of employment served by employer for employee's health reasons Abstract The thesis deals with the topic of termination for health reasons, i.e., termination based on the causes contained in Section 52 (d) and (e) of the Czech Labour Code. The author's aim is not only to provide a comprehensive examination of the topic itself but also to provide an overview of the most important challenges associated with the termination grounds in question. This purpose is achieved in particular through a thorough analysis and comparison of the rich case law, which is absolutely crucial to the chosen topic and the rapid development of which has been subject to much critical reflection. The secondary aim is to outline possible solutions according to the designed law, both on the basis of professional literature cited in the thesis as well as the author's own conclusions. These suggestions are presented in a comprehensive way, especially in the final chapter of the thesis, but partial ideas can also be found throughout the whole work. Due to the key position of the medical statement in relation to the examined grounds for termination, the thesis also pays sufficient attention to this legal institute and its development over the years with regard to relevant decisions of higher courts. To illustrate the...
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Notice of termination of employment
Šmídová, Klára ; Štangová, Věra (advisor) ; Vysokajová, Margerita (referee)
This diploma thesis deals with the topic of the notice of termination of employment in the Czech labour law. The thesis sets out multiple primary goals. The first goal is to introduce the reader to the context of the legal framework of the notice of termination of employment, including an analysis of selected case law relevant to the topic. The second goal is to provide a comparative outline via the exploration of Belgian labour law and its legal regulation of the notice of termination of employment. Thirdly, the author reflects the findings gathered throughout the thesis and offers some amendments de lege ferenda. The diploma thesis is divided into eleven parts. The first three parts relate to the general description of the matter - the first is devoted to the labour law in the context of the legal system of the Czech Republic, the second is devoted to specific characteristics of an employment relationship and its subject and object. The third part discusses the termination of employment in general and it also takes into account the strategy of flexicurity. The fourth part aims at enlightening the effect of the international law and the law of the European Union on the legal regulation of the notice of termination of employment. The fifth part is devoted to the notice of termination of employment...
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Notice od termination of employment
Zvonař, Adam ; Štangová, Věra (advisor) ; Tomšej, Jakub (referee)
Notice od termination of employment Abstract The aim of the diploma thesis is to analyze the valid legal regulation of the institute of termination of employment. The thesis further defines other reasons leading to termination of employment in general and other institutes, which are inextricably linked with the termination of the employment relationship. The second goal is to think about a possible amendment to the existing legislation, which has brought more flexible elements to the issue of termination. The work is based on professional literature, court decisions of the Supreme Court of the Czech Republic and legal regulations, and the most important standard - the Labor Code. The diploma thesis is divided into six chapters. The first chapter deals with labor law in its general conception in the system of law and its relationship to civil law, where it deals in more detail with the principle of delegation and subsidiarity. The second chapter generally deals with all the ways in which the employment of termination of the institute can be terminated, which is discussed in more detail in the next chapter. The third chapter is crucial, as it comprehensively examines the institute of termination of employment. It includes subchapters that deal with other institutes that are inextricably linked to the...
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Termination of the employment relationship by the notice of termination
Čáp, Ľubica ; Hůrka, Petr (advisor) ; Tomšej, Jakub (referee)
Termination of Employment by Notice Abstract The topic of the rigorous thesis is the termination of employment by notice with more detailed focus on the notice of termination given by the employer. The objective of the thesis is to give as complex overview of the problematics of termination of employment by notice as possible with emphasis on the more or less basic or often discussed questions concerning this topic. I have conducted an analysis and interpretation of current legislation using rich relevant judicial case law and professional interpretative or other legal literature concerning the given problematics. For choosing this way of processing the topic I have decided on the basis of my own practical experience as active lawyer providing the legal services among other also in the field of the labor law, when with reference on my practical experience I consider the problematic of notices of termination and related questions as very common subject of legal proceedings. Following this I have to unfortunately say that even though among other the valid notices often causes problems for both employers and employees. The rigorous thesis is structured into seven parts. The first part is dedicated to the termination of employment in general. In the second part the thesis deals with the essentials and giving...
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Notice of termination of employment
Horvát, Martin ; Vysokajová, Margerita (advisor) ; Štangová, Věra (referee)
102 Notice of termination of employment Abstract The aim of this thesis is to present an integrated view of a current regulation of notice of termination of employment and to use the knowledge acquired for considerations and suggestions de lege ferenda. The thesis is divided into nine chapters covering a theoretical classification of labour law within the legal system, evolution of labour law, international context of labour law and the core of the thesis concerning the current regulation of notice of termination of employment. The final part of the thesis is concerning with considerations de lege ferenda, aiming to present possible legislative amendments able to enhance the current regulation. The proposed amendments are confronted with the principle of flexicurity. The key regulation in relation to notice of termination of employment is labour code. Relevant provisions of labour code are thoroughly analyzed in the thesis. However, the thesis also refers to other regulations which are important in connection with the thesis' subject. In certain passages, there is a comparison of the effective regulation with labour code of 1965 and Slovak labour code. Concerning the sources, the thesis is primarily based on literature complemented by relevant case-law. Within the case-law, the author is focused on the...
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Notice of termination of employment
Šmídová, Klára ; Štangová, Věra (advisor) ; Vysokajová, Margerita (referee)
This diploma thesis deals with the topic of the notice of termination of employment in the Czech labour law. The thesis sets out multiple primary goals. The first goal is to introduce the reader to the context of the legal framework of the notice of termination of employment, including an analysis of selected case law relevant to the topic. The second goal is to provide a comparative outline via the exploration of Belgian labour law and its legal regulation of the notice of termination of employment. Thirdly, the author reflects the findings gathered throughout the thesis and offers some amendments de lege ferenda. The diploma thesis is divided into eleven parts. The first three parts relate to the general description of the matter - the first is devoted to the labour law in the context of the legal system of the Czech Republic, the second is devoted to specific characteristics of an employment relationship and its subject and object. The third part discusses the termination of employment in general and it also takes into account the strategy of flexicurity. The fourth part aims at enlightening the effect of the international law and the law of the European Union on the legal regulation of the notice of termination of employment. The fifth part is devoted to the notice of termination of employment...
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Termination of employment in the Czech Republic and in Austria
Neklová, Markéta ; Tröster, Petr (advisor) ; Štefko, Martin (referee) ; Bognárová, Věra (referee)
This thesis deals with the various manners of termination of an employment relationship according to the laws of the Czech Republic and compares them with the legal regulation of the same or similar manners of termination of an employment relationship in the laws of the Austrian Republic. The thesis is divided into four main parts. The first part deals with the system of Austrian employment regulations. The second part of the thesis is dedicated to the concept of termination of an employment relationship in general and it divides the ways of termination of employment relationship into two basic groups; in particular, the first group is termination of employment relationship based on legal acts and the second group is termination of employment relationship based on legal event. Further, the second part of this thesis discusses the terms employer and employee. The third part of this thesis is devoted to individual legal acts based on which in the Austrian and Czech laws an employment relationship can be terminated which is a termination agreement, termination by notice, immediate cancellation of an employment relationship, respectively exit from employment relationship (in German: Austritt) and dismissal from employment (in German: Entlassung), cancellation of employment relationship during a...
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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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Notice of termination of employment
Lněnička, Jakub ; Štangová, Věra (advisor) ; Vysokajová, Margerita (referee)
The aim of this thesis is to analyze current legislation of notice of termination and refer to some of the questionable area of this termination. The thesis also offers some of the proposals of amendments de lege ferenda. Reasons of these proposals are that notice of termination of employment as unilateral legal act brings negative aftermath mainly for employee, but in some cases also for employer and legislation should prevent these negative effects or at least minimized them. The thesis is divided into seven chapters. The first chapter deals with position of labor law and his relationship with the civil law, due to subsidiary using of the civil code. The second chapter describes the legal facts that lead to the notice of termination, with an emphasis on legal act, because notice of termination is an unilateral legal act which must fulfill the statutory requirements. The third chapter discusses national and international sources of law of regulation of notice of termination. The main part of the thesis is contained in chapter four, which deals with the current legislation of notice of termination. This chapter, with the help of the case law, deals with formal and content page of notice of termination, her delivery, notice of termination by employees and employers, prohibiting the possibility of...
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