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Legal and illegal work of foreigners in Czech Republic
Novakovská, Ivana ; Tomšej, Jakub (advisor) ; Morávek, Jakub (referee)
The topic of this diploma thesis is legal and illegal work of foreigners in Czech Republic. Both legal and illegal work are related to the performance of dependent work. Therefore, the thesis begins with the definition of this term when the author describes the individual characters of dependent work stipulated not only by the law but also by applicable case law. At the end of the first part, several tests of employment which are helpful for the identification of the performance of dependent work are explained. The second part is devoted to the conditions of foreigners' stay and employment in the Czech Republic, divided into two groups of foreigners. Firstly, the citizens of the EU, EEA and Switzerland and their family members, especially regarding the free movement of workes stipulated by the Treaty on the Functioning of the European Union and the topic of posting workers in the context of the transnational provision of services. Secondly, the third-country nationals who may obtain a work permit, an employee's card, a blue card or a card of an internally transferred employee for the purpose of their employment on a certain working position within a certain employer, unless they have free acces to the czech labour market. The author presents also the governmental programmes of economic migration....
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Nelegálna práca v Českej republike a na Slovensku
Galková, Miroslava
In my thesis, I deal with the whole-society problem called illegal work which negatively affects the state and, in the end, the citizens themselves. The main purpose of the thesis is to identify factors, which can affect the extent of illegal work. Knowledge of these factors is necessary in order to fight against illegal work, even by weakening the impact of these factors themselves. Through the usage of comparative method, the extent of illegal work and its differences in the Czech Republic as compared to Slovakia are assessed. In my thesis, I found out that people were looking for undeclared work in traditional sectors of illegal work such as construction sector, accommodation and food services, and the manufacturing industry. Among the identified factors that have led these people to work illegally, we can include, for example, economic motivation, i.e. income increase, low minimum wage or poverty.
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The legal status of drivers of traditional and alternative taxi services in terms of employment law
Kotara, Jan ; Tomšej, Jakub (advisor) ; Morávek, Jakub (referee)
The legal status of drivers of traditional and alternative taxi services in terms of employment law Abstract The aim of this thesis is to apply the defining features of dependent work to the activity performedby drivers in domestic taxi service - and based on this analysis - to decide whether the nature of this work really corresponds to the declared position of drivers as independent providers of transport services mediated by a third party, or whether they potentially are misclassifiedemployees entitledto all labor benefits associatedwith such status. The subject of interest is not only the activityof "traditional"but also "alternative"taxi drivers. Therefore, the work first deals with the phenomenon of shared economy, term allegedly justifiingthe above-mentioneddichotomy and in the eyes of some authors a reason for special legal treatment of some subjects onthe taxi market.Throughthe analysis of the theoryof shared economy with emphasis on the transport sector, a historical excursion into the sharing of transport capacity and a comparison of the operation of BlaBlaCar and Uber services, it is concluded that the subjects dealt in the thesis cannot be subsumed under the concept of shared economy. Furthermore, the case law of the CJEU is analyzed, on the basis of which Uber is qualifiedas a service in the...
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Legal Status of Persons in Platform Economy
Menzelová, Kristýna ; Tomšej, Jakub (advisor) ; Morávek, Jakub (referee)
Legal Status of Persons in Platform Economy Abstract The thesis focuses on the legal status of persons who are involved in the platform economy. Under certain circumstances, these persons, called service providers in the thesis, are on the borderline between the legal status of an employee and the legal status of a self-employed entrepreneur. One of the causes of this unclarity is the practices of some digital platform providers that are applied to the service providers. These practices are commonly used by the employer to their employees rather than between business partners. For instance, these practices can include the control mechanisms, the evaluation system, or the unilateral determination of price and the way of service providing. The focal point of this thesis lies in an analysis of legal status of service providers resulting from the legal relationships that are concluded on digital platforms. Due to the unavailability of the contracts that are the base of these legal relationships, it is the terms and conditions of the particular digital platform providers that are used for the analysis. The labour law regulation is applied to the legal relationships defined in this way focusing on the question, whether the activity of service providers fulfils the characteristics of dependent work. Subsequently,...
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Violation of the Employment Act
Stádník, Jaroslav ; Pichrt, Jan (advisor) ; Štefko, Martin (referee) ; Bělina, Miroslav (referee)
Violation of the Employment Act Abstract The purpose and aim of this dissertation work was compactly and coherently to describe the individual types of violations of legal regulations in relation to their consequences for individual entities against whom the negative impacts are directed. The work, based on the current legal regulation of employment, divides the violations of obligations into individual areas, which can be further broken down by entities violating obligations and (by) the seriousness of individual violations. The issue of violation of the Employment Act includes two fundamental areas. The first area, which forms an inherent part of most substantive regulations, is the area of administrative offenses, responding primarily to violations of obligations imposed upon employers. Especially the third, fhe fifth and the sixth chapter focus on this field. The second area of the Employment Act, which is vital for the topic at hand, regulates and sets obligations for individuals, persons interested in the job and especially job seekers who, through the Labour Office, exercise their basic social rights guaranteed by the Charter of Fundamental Rights and Freedoms, i.e. the right to work. The second and partly the fourth and the sixth chapter deal with this topic. In the light of the potential impacts...
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Employment Relationships focusing on Employee Benefits
Dobešová, Michaela ; Macháčková, Sylva (referee) ; Musilová, Helena (advisor)
The thesis is about the issue of labour relations with a focus on providing benefits for employees. The theoretical part of the thesis focuses on defining the most important labor and economic terms for better understanding of the issue. The analytical part of the thesis describes the businessman XYZ s.r.o. and his current employment situation. The end of the thesis looks at the problem of the businessman and structure of employee benefits designed for employees. The benefits try to increase the competitiveness of the businessman and his attractiveness in the labour market.
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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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The sharing economy and digitalization: challenge for complex modification of labor law?
Tkadlec, Matěj ; Morávek, Jakub (advisor) ; Pichrt, Jan (referee)
THE SHARING ECONOMY AND DIGITALIZATION: CHALLENGE FOR COMPLEX MODIFICATION OF LABOR LAW? ABSTRACT This diploma thesis discusses the phenomenon of last decade called sharing economy, which has many different forms and names. In its purest meaning, the sharing economy concerns behavior of economically active entities that, in order to reduce their own costs or to use their spare capacity, share free resources. As the best examples of sharing economy, we can name capital platform Airbnb, where people share their unused immovable in order to generate profit or work platform BlaBlaCar trough which people reduce their car costs while travelling one-off long-distance trips. However, as mentioned above, sharing economy has many different forms. One of them, which cannot be recognized as its pure form, is provided by Uber. Uber, as well as BlaBlaCar, created mobile platform trough which providers of transport services can get in touch with users of these services. Despite this similarity, there are several significant differences from which one can conclude that Uber is not a classic provider of information technology services, such as BlaBlaCar. That was also borne out by foreign courts, including European Court of Justice. On that basis, a question arises, whether Uber drivers really carry on the activity of...
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Illegal work and its persecution
Šuda, Marek ; Morávek, Jakub (advisor) ; Štefko, Martin (referee)
The topic of this diploma thesis is the illegal work and its persecution, whereas the main goal is to point out and analyze the most important institutes relating to the illegal work, to identify the relevant legislation and to point out problematic issues of the regulation and its application. The text is systematically divided into three main chapters, in particular the field of dependent work, illegal work and finally the sanctioning of illegal work. The introductory chapter of this thesis deals with dependent work, the definition of which is a necessary condition for further interpretation of illegal work and its persecution. After a brief introduction to the legislative history and the legal definition of this term, the particular characteristics of the legal definition and, subsequently, the conditions of performance of dependent work are discussed. Further, the case law of the Supreme Administrative Court and the related additional characteristics of the dependent work which the court has defined beyond the legal definition are mentioned. The second chapter finally deals with the main topic of the thesis which is the illegal work. After defining the legal definition of illegal work and a short reminder of its legislative development, the further text is divided according to the different...
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Illegal work and its persecution
Stonjek, Patrik ; Pichrt, Jan (advisor) ; Štefko, Martin (referee)
The topic of this diploma thesis is illegal work and its persecution. Unconditional predisposition for discussion about this topic is an analysis and definition of dependent work. Therefore, this problematic is discussed in the first - introductory chapter of the presented text. In the following chapter the author is concerned with illegal work and its forms. The accent is put especially on administrative delict of enabling of illegal work, its legislative development in the past years and the role of negative law-maker - the Constitutional Court correcting the sanctions given for this administrative delict. The third chapter focuses on administrative delicts related to illegal work that are included in the Act of Employment and Act on State Labour Inspection. The last chapter is dedicated to illegal work in the context of the whole Czech legal system, which means on the commercial law, criminal law, tax law and statutory deductions level. In the summary the findings acquired in the prior chapters are concluded and the author expresses his opinion on the possible future development of regulation of illegal employment in the Czech Republic.
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