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The notice of termination
Škopek, Petr ; Štangová, Věra (advisor) ; Vysokajová, Margerita (referee)
The purpose of the thesis is to provide a summary of the legal regulation and to point out legal problems connected with the Notice of termination in the Czech Republic. The thesis is composed of eleven chapters, the introduction and the conclusion. Chapter One is introductory and defines concept and position of Labour law in the system of law in the Czech Republic and function of Labour law. Chapter Two examines, in general relation, between Civil law and Labour law. In chapter Three, author tries to explain legal regulation of legal acts. The chapter consists of two parts. Part one focuses on legal regulation of legal acts in the Civil Code and Part two focuses on legal regulation of legal acts in the Labour Code. Chapter Four describes basic principles of Labour law. In chapter Five is short excursion to the history of labour legislation in our territory. This chapter is divided into three subchapters according to some important historical events of our labour legislation. Chapter Six concentrates on domestic source of law in the area of notice of termination. This chapter is divided into three parts. First part is about constitutional acts, second part is about statutes and third part is about case law in the Czech Republic. In chapter Seven are described international source of law in the area...
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The Agreements on Work Performed Outside of Employment
Stárková, Taťána ; Štangová, Věra (advisor) ; Vysokajová, Margerita (referee)
The Agreements on Work Performed Outside of Employment The aim of my thesis was to summarize the current and former legislation of legal relations established by the Agreements on Work Performed Outside of Employment. I focused my work on private law legislation, especially on the area of labour law and also on the public law legislation, such as social security law and tax law. By using the analytical method of research of the above mentioned, I concluded to what extent is such institute still needed and what possible changes shall the legislator consider to reflect the best the current needs of the society. To examine the legal situation, it was necessary to summarize the relationship between civil and labour law and also to define certain terms closely related to the institute of Agreements on Work Performed Outside of Employment in the first and second part of my thesis. Such terms include especially the notion of dependent labour and dependent activity as well as the notion of employment itself. The next part of my work discusses the history of legislation of both types of the Agreements on Work Performed Outside of Employment. The fourth part of the thesis deals with the analysis of the up to date legislation governing this institute. Finally the work also refers to application problems that...
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Equal Opportunities for Men and Women in Labur-Law Relationships
Sochorová, Petra ; Vysokajová, Margerita (advisor) ; Štangová, Věra (referee) ; Brádlerová, Libuše (referee)
The dissertation deals with the provisions of law applicable to equal opportunities of women and men in labour-law relationships. In this context, it mainly focuses on employment laws; Act No. 198/2009 Coll. on equal treatment and on legal remedies against discrimination and on amendment of some other acts (the Discrimination Act); and other related laws and regulations applicable in this area. The dissertation is divided into nine main chapters. Its core is comprised of chapters 4 through 8, which contain a detailed analysis of the statutory provisions governing the equal opportunities of women and men in employment in Czech laws, EU laws, and international treaties. Chapters 1 through 3 offer a general introduction to the domain of equal opportunities, while chapter 9 summarises the conclusions and findings of the dissertation. The first chapter explains why the dissertation deals with equal opportunities of women and men in labour-law relationships, and highlights the importance of this issue in international law and in the EU's social policies. This chapter also underlines the extraordinary community-wide significance of this issue. The second chapter contains an analysis of the basic terms used with regard to equal opportunities of women and men in labour-law relationships, and explains the...
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Labour-law consequences of violation of employment duties by employee
Španvirtová, Nikol ; Pichrt, Jan (advisor) ; Štangová, Věra (referee)
The aim of this thesis is to present a systematic overview of the legal instruments that the Labour Code provides to employers against employees who breach their duties. It is the societal interest that the obligations have been followed, and so it is in the labour process. By each breach of working obligations undesirable loss may arise to employers, notwithstanding on a possible overall decrease in the labor moral on the workplace. The Labour Code does not contain a definition of violations of duties, therefore a large role in its evaluation plays a judicial practice. Therefore much of this thesis is based on case-law. The thesis consists of four chapters, which are further divided into subchapters and parts. The first chapter describes the various sources from which duties of employees during the working process can occur - legislation, contracts, internal regulations of employer and instructions of the employer or the employer's senior staff. The second chapter deals with the obligations of employees that are required to comply with. At first, attention is paid to the obligations that apply to all employees without exception, then further there are discussed specific responsibilities of senior employees and employees who provide state administration and self-government. From the very specific...
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Discrimination on the grounds of sex and its prohibition
Bartoňová, Anna ; Vysokajová, Margerita (advisor) ; Štangová, Věra (referee)
77 Summary The topic of this thesis is discrimination on the grounds of sex and its prohibition. The purpose of my thesis is to analyse and evaluate historical and present level of legal enactment of the equality between men and women and prohibition of discrimination. I focused on the law of EU, relevant documents of International law and on the legal order of the Czech republic. The thesis is composed of five chapters, Chapter One is introductory and defines basic terminology used in the thesis like equality and types of discrimation. The chapter Two examines relevant international agreements and other documents, chapter Three focuses on legal enactment of equal treatment and prohibition of discrimination in the primary and secindary law of EU, together with the relevant case law of the Court of Justice of the EU. The chapter Four is dedicated to the relevant Czech legislation, followed by chapter Five which provides an outline of relevant Czech case law, and level of legal protection against discrimination in effect.
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Legal acts directed at the termination of employment
Remeň, Vojtěch ; Štangová, Věra (advisor) ; Vysokajová, Margerita (referee)
The aim of this thesis is to describe and evaluate the current legal system of legal acts aimed at termination of employment. I draw attention to shortcomings in the current legislation and propose solutions. The first chapter focuses on the development of labour law. In describing there are searched historical connections that created and formed the labour law, its various institutes and its relationship to civil law. The second chapter deals with the legal acts in general and the employment relationship. This part defines what a labour act is and what are its elements, which sets its non-validity, consequences of invalidity and particulars of employment. The third chapter is a general introduction to the very issue of legal actions aimed at termination of employment. In the fourth chapter there are defined the legal requirements of agreement and its applicability in the present time. The fifth chapter deals with the notice and its requirements, especially legal reasons and statements of the time. The chapter is divided into two parts according to the subject which determines employment unilaterally. The first part describes the notice of the employee and the second is focused on the notice of the employer. The second is further divided into two subchapters. The first section describes the...
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Social security of women during pregnancy and maternity
Mateová, Martina ; Štangová, Věra (advisor) ; Vysokajová, Margerita (referee)
Social security of women during pregnancy and maternity The purpose of thesis is to analyse social security of women during pregnancy and maternity in the current legislation. The thesis is composed of introduction, main part and conclusion. The main part is divided into six chapters. Chapter one describes historical development of social security of women during pregnancy and maternity in the Czech republic. Folowing two chapters focuse on social security of pregnat women and parents of small children in connection with membership of the Czech republic in international organisations and the European union. Chapter four characterises system of sickness insurance and benefits that are provided in case of maternity (maternity benefits, pregnancy and maternity compensation benefits, sick pay, care benefits). Chapter five analyzes system of state social support with benefits provided to pregnant women and parents (parental allowance, birth grant, child allowance). Last - sixth chapter complements the subject of the thesis with protection of pregnant women and parents with small children in labour-law. Conclusion summs up social security of women during pregnancy and maternity. Social benefits are above standarts and system is functional. Drawback is seen in wrong understanding of system by some parents...
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Scheduling the hours of work
Polická, Jana ; Vysokajová, Margerita (advisor) ; Štangová, Věra (referee)
The thesis is written in the field of labor law. Content is the dismantling of the individual provisions of the existing legislation relating to the scheduling of working hours laid down in the Act no. 262/2006 Coll., The Labour Code, as amended, and other related regulations of the Czech legal order. The work is divided into ten chapters, which focus on individual provisions relating to the regulation of working hours and provisions linked. Work includes historical development of legal regulation of working time, the definition of working time, analyzing provisions relating to individual species scheduling of working hours, breaks and rest periods, overtime, night work and availability. Further, a working time under specific working conditions for employees caring for a child or another individual, especially the attitude of employers towards complying workers' requests for shorter working hours. In the second half discusses the regulation of working time of employees working on the basis of agreements on work performed outside employment, employees are governed by special regulations, employees working offsite or overseas employers and posted workers. The last chapter deals with records of working hours. Powered by TCPDF (www.tcpdf.org)
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Employment possibilities for disabled people and for some other selected groups of people requiring increased care by mediation of employment
Dorňáková, Eva ; Vysokajová, Margerita (advisor) ; Štangová, Věra (referee)
107 ABSTRACT The aim of this master's degree thesis is to analyse the situation of people who are in a disadvantageous position on the labour market and because of that belong, pursuant to Act No. 435/2004 Coll., Employment Act, to the group of job seekers, who "require special care by mediation of employment". The author is particularly focused on people with disabilities. The intent is also to inform readers about government subsidies and alternative methods designed to facilitate the position of job seekers on the labour market. This thesis is divided into an Introduction, six Chapters (further divided into subsections) and a Conclusion. It contains a Table of contents, a czech and english Abstract and a List of references and other sources. Chapter One is devoted to the definitions of the "right to work" and the "right to employment" and the obligation to ensure equal treatment of all people exercising these rights. Following that, I mention the legal sources containing the aforementioned rights, first international, then the European and finally the national sources. Chapter Two is subdivided into four subchapters which correspond to the categories of citizens requiring special care by mediation of employment. Subchapter One concerns people with physical disabilities. Included within is the definition...
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Types of Employment Termination
Vaňhová, Marie ; Štangová, Věra (advisor) ; Vysokajová, Margerita (referee)
TITLE: Types Of Employment Termination SUMMARY: First of all I would like to answer the basic question why the theme of my thesis is Types Of Employment Termination. I assume that everyone has an experience with an employment and in consequence with employment termination so this theme is relevant for everyone, but not everyone knows the effective legal regulation. The aim of the thesis is to explain and summarize effective legal regulation of the labour law and also focus on controversial points. I made an effort at the conclusion to point out couple of disputed issues and to propose several amendments. The thesis is composed of six parts, introductory and conclusion. Most of them dealing with different types of employment termination, and the others look at related obligations and claims in case of invalidity of employment termination. In introductory of my thesis I explain why I choose exactly the theme about employment termination, mention how the thesis is systematically divided and what the parts are about. In part One I try to focus on employment termination generally and explain its basic terminology. Part Two is divided into several subparts. First subpart is concerned with an agreement on employment termination. Second subpart relates to a notice generally, notice period, notice given by an...
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