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Labour law aspects of employment of HIV positive persons
Kubová, Karolína ; Tomšej, Jakub (advisor) ; Štefko, Martin (referee)
Labour law aspects of employment of HIV positive persons Abstract This thesis describes and analyses problematics of employment of HIV positive persons. The main focus is on the labour law aspects which are specific or problematic regarding HIV positive persons. The text is divided into three chapters. First chapter provides general information about HIV and AIDS and creates a basis for the whole thesis. The description is focused mainly on the medicinal aspects of HIV and AIDS (its progression, treatment, its spreading, means of contagion). Information about perception of the disease in society is also provided. Second chapter revolves around aspects of employment relationships and agreements on work performed outside an employment relationship with HIV positive persons, as well as with employment of HIV positives in security and armed forces. One of the main themes of this chapter is assessment of medical fitness of job applicants and employees in relation with their HIV positivity. Other discussed topics are termination of employment relationships on grounds of employees state of health and personal data protection regarding HIV status of employees. Third chapter analyses matters of discrimination of HIV positive persons in employment relationships. It aims to answer a question whether HIV can be...
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Employment of HIV positives
Tomšej, Jakub ; Hůrka, Petr (referee) ; Štefko, Martin (referee)
Prague - 12508472.1 Abstract of the thesis "Employment of HIV positives" - English The rigorous thesis "Employment of HIV positives" analyses certain aspects of individual employment relations which are particularly relevant from the viewpoint of employment of HIV positives. Based on information about HIV and AIDS, its development and transmission ways, it is concluded that HIV should not in most cases represent an obstacle to performance of work and/or establishment of employment relationship. The thesis examines certain important points regarding employment of HIV positives, such as the steps leading to establishment of employment relationship, determination of health fitness to work, protection of privacy of employees, protection against discrimination and employee protection in the process of termination of employment. The thesis also focuses on the specific regulation of employment of HIV positives in armed forces. Apart from the analysis of the current statutory and case law regulation, the thesis offers some suggestions for amendments of legislation from the de lege ferenda viewpoint as well as a comparison with some instruments of German law.
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