|
|
Vaccination of employees
Herčíková, Tereza ; Štefko, Martin (advisor) ; Matějka Řehořová, Lucie (referee)
Vaccination of employees Abstract In her thesis the author looks at the topic of vaccination of employees. This issue is very actual, especially in the context of the recent pandemic of the covid-19 disease. Nevertheless, vaccination from the labour law point of view is a neglected topic in which many issues remain unresolved or interpreted contradictorily by the doctrine. The thesis besides an introduction and a conclusion consists of four chapters, in which a number of warnings about deficiencies in the legislation and suggestions de lege ferenda are presented. The first chapter of the thesis focuses on the legal regulation of vaccination against infectious diseases in the Czech Republic and its sources at the international and European level. The focus is mainly on the analysis of compulsory types of vaccination; however, the regulation of voluntary vaccination is not omitted. Furthermore, the conclusions of recent case law of the Constitutional Court and the European Court of Human Rights related to the compulsory vaccination are analysed and critically evaluated. The second chapter deals with the labour law aspects of vaccination. The author focuses on partial institutes of labour law and their application in connection with vaccination of employees. The chapter includes an analysis of the obligations...
|
|
|
Compensation for damages caused by vaccination during pandemic
Krudenc, Václav ; Šustek, Petr (advisor) ; Salač, Josef (referee)
Compensation for damages caused by vaccination during pandemic This thesis aims to provide a comprehensive description of the legal regulation of compensation for damages caused by vaccination, both compulsory and voluntary. Emphasis is placed on the development of the legal regulation over time, where the subject of the thesis is not only the current regulation but also the regulation contained in Act No. 40/1964 Coll. Given the different legal frameworks set out in the old and the new Civil Code, the thesis compares the different periods, including their evaluation. This comparison and assessment conclude that, although the legislation regulated the issue of compensation for damage caused by vaccination completely differently, both regulations were significantly deficient and thus less than ideal. The second half of the thesis focuses on current aspects of the field, in particular two lex specialis enacted in 2020 relating to vaccine damage compensation. The core of this part of the thesis is a comprehensive interpretation of the act on compensation for injury caused by compulsory vaccination, including the most recent case law on the issue. This interpretation is followed by an assessment of the legal framework concerning the vaccination against Covid- 19 disease and the related liability...
|
guest ::
