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Legal regulation of employment termination
Kučera, Václav ; Vysokajová, Margerita (advisor) ; Štefko, Martin (referee)
Presented rigorous thesis deals with legislation of employment termination and also institutions included in the employment termination. The termination notice is very frequented way of ending the employment although this unilateral juridical proceedings may be find as complications free, questions are arising during its application in place, and this thesis is trying to find satisfactory answers. It can be considered, that application of the institute has been carrying on contra legem, especially in terms of application by the employer, as we can find in rich court juridical. Employers do not hesitate to terminate employment by using termination notice even though, they did not meet legal conditions or they just simply feign meeting legal conditions. It depends on the employee and his willingness with strength to undergo law enforcement of his claims at independent courts. This thesis examines in detail the institute of dismissal, pointing out the historical adjustments and adjustments in international documents, closely devoting the employment itself, object, subject, content, commencement and duration of the employment and also employer duties connected to the employment. Thereafter the thesis deals with legal actions and their validity or otherwise. Delivering, typical for directed legal...
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The position of a pregnant woman in employment relations
Hejzlarová, Anna ; Štefko, Martin (advisor) ; Kotous, Jan (referee)
Pregnancy is significantly protected in labour law and the position of a pregnant woman in employment relations is, therefore, very specific. After the creation of an employment relationship, or a legal relation based on the agreements to work outside the scope of employment, a whole range of protective institutes are in place to ensure a special position of a pregnant worker that is of key importance. The thesis focuses primarily on the position of a pregnant woman during the employment relationship as only there all the protective institutes are present. The introductory parts deal with the reason and importance of the protection of a pregnant worker, its establishment in the Czech legal order and the importance of informing the employer of one's pregnancy. The following parts are dedicated mainly to individual labour law institutes constituting special protection and special working conditions of a pregnant worker during the employment relationship until the commencement of her maternity leave. The last part underlines the differences in the protection of a pregnant woman granted during one of the legal relations based on the agreements to work outside the scope of employment compared to the one granted during the employment relationship. The thesis tries to provide a detailed description and...
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Obstacles to work on the employee's part
Koubová, Petra ; Morávek, Jakub (advisor) ; Štefko, Martin (referee)
Title of thesis: Obstacles to work on the employee's part Author: Mgr. Petra Koubová Abstract The rigorosum thesis seeks to carry out a comprehensive analysis of the different kinds of "obstacles to work on the employee's part". This subject is treated as generally associated with labor relations as well as with the obstacles at large and their systematic classification. Chosen out of a broad spectrum of individual types, the obstacles thus analyzed were primarily those with particular personal and/or family relevance for employees, especially the temporary incapacity for work; the maternity leave; and the parental leave. These topics were addressed not only in their matter and purpose but also as regards their impact on financial security and other circumstances. Covering also other obstacles to work, the analysis attempted to expound the merits and purposes of the relevant provisions, always in consideration of (1) the specific Labor Code context, (2) the generally applicable legal principles, and (3) other acts of legislation and judicial decisions. The work also tackles the issue of harmonizing family and professional life, not forgetting about references to foreign, international and EU legislation, and reflecting recent legal changes and de lege ferenda proposals. The thesis is divided into five...
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Employment of persons with disabilities
Černá, Kristýna ; Štefko, Martin (advisor) ; Kotous, Jan (referee)
1 Employment of persons with disabilities Abstract This thesis deals with the employment of people with disabilities. People with disabilities belong to the society with specific needs. These needs have to be taken into account when these people are employed. This thesis focuses on taking into account the specific needs of this group of employees and discusses the possibilities of making them succesful on the labor market. The aim of this work is to evaluate the employment of people with disabilities both from the theoretical and practical point of view and to create an overview of how the employment of people with disabilities is taking place and what it means for their employers. For this reason, the thesis is divided into two parts - theoretical and practical. The theoretical part is systematically divided into eight chapters. The first chapter deals with characteristics of basic concepts related to this topic. The second chapter deals with international and European legislation of the employment of people with disabilities. The third chapter provides information on Czech legislation, the constitutional basis of the rights of people with disability is defined here and the Anti-Discrimination Act, along with other regulations dealing with this issue. The fourth chapter deals with the regulation of...
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Temporary agency work
Martínková, Kateřina ; Štefko, Martin (advisor) ; Tomšej, Jakub (referee)
The aim of this diploma thesis is to offer a complete overview of the institute of temporary agency work. Temporary agency work is an institute that brings to the user undertakings the possibility to quickly adapt to the increase or decrease in demand for their products by changing the number of employees. The first part of the diploma thesis presents a brief excursion into the history of temporary agency work with focus on the most important historic moments and includes the explanation of its impacts. This chapter emphasises Czech history of temporary agency work, but it takes a quick glance at the history of temporary agency work in other states. The institute of temporary agency work was introduced to the Czech legal system as late as 2004. This point is very important to understand the uneasy position of agency employment on our labour market. The main part of this diploma thesis concerns current legal status of temporary agency work. It analyses obligations of the Czech Republic arising from the C181 and directive 2008/104/ES. The thesis continues to the Czech legal system and it analyses the positions of a private employment agency, user undertaking and an agency employee. It includes the establishment of a private employment agency, obligations during its existence and its cessation. There...
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Monitoring of employees
Drozdíková, Andrea ; Štefko, Martin (advisor) ; Kotous, Jan (referee)
Monitoring of employees Abstract The theme of this diploma thesis is, as the title suggests, the monitoring of employees. With the continuous development and progress of technologies and their increasing availability, the privacy of citizens is becoming increasingly more endangered. Even more concerning is the privacy of employees in the workplace, where an employer has inexhaustible possibilities to monitor activity at work - and sometimes outside of the workplace as well. On the other hand, the intention of the employer to protect its assets and the financial means invested in the operation of its business is appreciable and in some ways necessary to align with the employer's obligations to their shareholders. Therefore, the chosen subject brings to the surface the conflict of two equal rights, as the right to protection of privacy collides with the right of protection of property. For this reason, the whole thesis takes into account both the labour law regulations and the regulations on the protection of personal data - since personal data of employees can be threatened by monitoring. With regard to the fact, that Regulation (EU) 2016/679 comes into effect soon, it is briefly mentioned in the relevant parts, especially when assessing whether it will impact the legal interpretation in the future or not....
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Monitoring of Employees and its Methods
Zůnová, Petra ; Štefko, Martin (advisor) ; Morávek, Jakub (referee)
This thesis intends to offer a balanced legal standpoint on monitoring of employees from the point of view of employer's rights and interests protected by law as well as from the point of view of employees' right to privacy. The surveillance of employees is governed especially by Section 316 (1) through (3) of the Labour Code1 . However, in case personal data of employees are processed within such monitoring, the personal data protection regulation must be applied as well. This thesis distinguishes between a so-called one-time or random inspection of employees performed within the meaning of Section 316 (1) of the Labour Code for the purpose of checking their observance of ban on using the employer's production and working tools for personal purposes and between continuous monitoring performed under Section 316 (2) of the Labour Code. At the same time, it is necessary to assess whether the employees' personal data are processed as well. Therefore, in practice, four different types of inspections/surveillance of employees have to be distinguished, each of them being governed by slightly different regulation. Currently, the personal data protection regulation is undergoing the most significant changes in the last more than 20 years; on 25 May 2018, GDPR2 enters into force. This regulation will...
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Employment of persons with disabilities
Jelínek, Jaroslav ; Štefko, Martin (advisor) ; Vysokajová, Margerita (referee)
The subject of this Master's Thesis is to present some legal aspects of employment of persons with disabilities. This thesis deals with the subject particularly with respect to national policy of employment and individual labour-law relations. The largest part of text is devoted to the efforts of the state to reach higher employment rate of persons with disabilities and to compensate their inherent handicaps. This thesis is divided into seven thematic parts. The introduction is followed by part that defines basic terms of employment of people with disabilities which are not legally defined. The issue concerns the terms which are regularly mistaken in common conversation such as disability and handicap. The third part contains an overview of the most important documents, of significant international organizations, which contain the definition of persons with disabilities. These most significant international organizations are the International Labour Organisation, the World Health Organization, the United Nations, the Council of Europe and the European Union. The fourth part contains the definitions of person with disabilities according to five acts of Czech legislation. Every act uses different legal term for persons with disabilities and it defines them in different way. Some acts do not contain...
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Working hours, their duration and schedule
Heřmánková, Kristýna ; Štefko, Martin (advisor) ; Hůrka, Petr (referee)
The main theme of this thesis is labour time and its potential modifications. This thesis consists of eight chapters while the fundamental one is chapter two named: "Labour time, its duration and assignment" (in Czech: "Pracovní doba, její trvání a rozvržení"). Chapter one deals with historical progress of the labour time legislation and corresponding sources of law with a special attention paid to Act no. 65/1965 Coll., Labour Code, as previously applicable and its comparison to the new regulation of labour time under Act no. 262/2006 Coll., Labour Code, as applicable. Chapters two to six are focused on the systematic structuring and description of the most essential labour time constructs defined under the Labour Code. Particularly chapter two deals with the systematic classification of labour time under the Labour Code and accents the EU legislation applicable thereto. The Labour Code, as applicable, is based on the "unforbidden is permitted" principle Labour time is the time when an employee is obliged to perform labour for an employer as well as the time when an employee is ready to perform labour in compliance with the employer's instructions. Labour time does not include breaks for food and leisure. Flexible labour time assignment can be used with even as well as uneven assignment of labour time....
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Equal treatment and prohibited discrimination against employees
Linhartová, Lucie ; Štefko, Martin (advisor) ; Koldinská, Kristina (referee)
The aim of my thesis entitled Equal treatment and prohibited discrimination against employees is to provide a complete view of international, European and Czech legislation on this topic and inform about how to protect oneself against discrimination. The thesis is divided into four chapters. The first chapter is general. It deals with basic concepts relevant to this area, such as equality, equal treatment, discrimination and its types and others. The second chapter focuses on the most important international treaties regulating equal treatment and discrimination in labour-management relations. It has three parts and each part consists of conventions adopted by one international organization - The United Nations, International Labour Organization and Council of Europe. The third chapter concentrates on the legislation of European Union, both primary and secondary legislation and also deals with judgements of European Court of Justice. The fourth chapter is concentrated on Czech legislation which deals with the principles of equal treatment and prohibition of discrimination of employees, at first place on Anti - discrimination Act. This chapter also treats with various means of protection available to victims of discrimination.
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