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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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The transfer of an undertaking/business in Czech and European Labour Law
Reichmann, Lukáš ; Pichrt, Jan (advisor) ; Štefko, Martin (referee)
The transfer of an undertaking/business in Czech and European Labour Law The aim of my thesis is to thoroughly analyse the regulation of transfers of undertakings, businesses or parts of undertakings or businesses in the perspective of Czech and European Labour Law. The reasons for choosing this topic are my genuine interest in Labour Law and the fact that this area of Labour Law is relatively overlooked by most authors in the Czech Republic. Aside from the general introduction and conclusion, this master thesis will consist of three main parts, each of them dealing with different aspects of the topic concerned. The introductory part defines basic terminology used in the thesis and describes my motivation for choosing this topic. The first part gives a brief historical overview of the development in this area of Labour Law both in European Law and Czech Law. The second part deals with transfers of undertakings/businesses within European Law, so the Council Directive No. 2001/23/EC and the respective case law of the Court of Justice of the European Union are mostly discussed there. Therefore, this part focuses on various aspects of this topic such as legal transfer, merger or identity of economic entity. Then, several methods of the transfer of undertaking/business within the sense of the directive...
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The formation and development of social security law in the territory of the Czech state
Pawlita, Lukáš ; Koldinská, Kristina (advisor) ; Štefko, Martin (referee)
The main theme of this thesis is to capture formation and development of the social security system that provides hedging of individuals against illness, invalidity and old age. The first modern form of the social security within the area of Czech state appeared at the end of 18th century in the form of so called Theresian and Josephinian pension normals. These normals were designed to secure retired state officers against poverty. In the late 19th century were adopted two important norms - law concerning accident insurance and law about sickness insurance for workers. Pension insurance program for workers, the largest social group, was established as late as 1924. The Social security system was split among several offices, also insufficiently hedged by steady incomes in wage-workers and miners insurance; as a consequence it led to indebtedness of the system. During the occupation period, the financial funds were devaluated, appeared some organization changes and the new way of conviction about suitability of whole-society pension and sickness insurance was applied. Modern law about national insurance from year 1948 was canceled during the totality era. The reason was to apply soviet model of social security. This state remained in existence with cosmetics changes till 1989. During the development of the...
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Discrimination against certain groups of employees
Jenerálová, Nela ; Koldinská, Kristina (advisor) ; Štefko, Martin (referee)
Discrimination against certain groups of employees This diploma thesis deals with problems of discrimination and its legislation in labour relations in national, european and international law. At first, I describe discrimination in general, than I focus on discrimination based on age. The thesis is composed of seven chapters. The first chapter briefly defines basic terminology used in the thesis such as term "discrimination", describes prohibited reasons for discrimination, explains forms and types of discrimination, deals with the term "equality" and concentrates on various types of equality. Chapter Two examines relevant Czech legislation of this legal area. In the Czech republic, the prohibition of discrimination is contained in many legal standards. The third chapter concentrates on relevant international legislation of discrimination. It is subdivided into several parts and each part describes one important international act for protection against discrimination. Relevant european legislation is analyzed in chapter Four. Primary and secondary legislation are described in this chapter. But the most important part of this chapter is antidiscrimination judicature of European Court of Justice, which is subdivided into several parts according to types of decisions. Chapter Five illustrates the...
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Employee privacy protection
Karlec, Jan ; Štefko, Martin (advisor) ; Morávek, Jakub (referee)
This thesis deals with the issue of privacy in the workplace. Employees expect to have some privacy at work, even when they are using the employer's equipment. On the other hand, employers need basic information about their employees and they have the right to know that work is being done properly and efficiently. Finding the balance between the interests of both sides is quite complicated and the disputes regarding privacy infringement in the workplace are often decided by highest courts. In concrete, this thesis deals with the processing of personal data in the employment context and with the surveillance of employees. The aim of this thesis is to provide a comprehensive overview of this issue and assess the current level of protection of privacy of employees in Czech Republic. The thesis is composed of nine chapters. The first introductory part of this thesis (chapters 2 - 4) describes the fundamental human right to privacy and personal data protection in general. Chapter Two characterises the right to privacy and chapter Three gives an overview of relevant legal sources. Chapter Four presents basic terms and principles of the processing of personal data under the Act No. 101/2000 Coll., on the Protection of Personal Data. The following chapter looks at collection of personal data before the...
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Camera system in the workplace and its encroachment on personal rights of employees
Průšová, Aneta ; Morávek, Jakub (advisor) ; Štefko, Martin (referee)
The topic of this thesis is the legal regulation of camera system in the workplace and characterization of its encroachment on personal rights of employees. The main emphasis is put on conditions, which employer must fulfil to install a camera system in the workplace in compliance with the legal order of Czech Republic. Furthermore this thesis is devoted to issues of discreet surveillance and of defence of employee options in case of illegal monitoring. This thesis is divided into three following chapters. In the first chapter, technological development of video camera and its components as well its gradual using as surveillance equipment in public space and afterwards in private life of persons are described. This chapter deals with today's situation and number of video cameras in society, not only in Czech Republic but also in the whole world. Increasing amount of video cameras represents as its consequence a reason for legal disputes, especially neighborhood's legal disputes. Considering that mentioned fact, the relevant decisions of the Supreme Court illustrating attitude of judicature to camera surveillance are incorporated in the first chapter. The thesis' core is set in the second chapter, which is focused on concrete conditions of installation of camera monitoring in the workplace and their...
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Grounds for termination of employment
Plch, Marek ; Drápal, Ljubomír (advisor) ; Štefko, Martin (referee)
This thesis deals with the issue of grounds for notice of termination of employment. It also analyses institutes that are closely related to this issue, like termination of employment in general, notice of termination and its requisites, protective periods, or employer's obligations that arise from notice of termination in certain cases. When evaluating and assessing the legislation it's necessary to keep in mind two legal principles, the principle of flexibility and the principle of protection of the weaker party (the employee). In the legislation of termination of employment and in labour law in general these two principles clash. One of the specifics of labour law is relatively rigid and enforced legislation that tries to equalize the inequalities in the employment relationship between employee and employer by, among other things, tying the possibility of the employer to terminate employee's employment on fulfilling particular material requirements. In practice, this legislation can be perceived as excessively restrictive. In particular, the thesis focuses more closely on these material requirements that need to be fulfilled in order for the employer to be able to terminate the employee's employment. The grounds for notice of termination themselves are defined exhaustively in the Labour Code and we can...
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Flexicurity and its effects on the Czech labour law
Čapková, Martina ; Hůrka, Petr (advisor) ; Štefko, Martin (referee)
Flexicurity and its effects on the Czech labour law This diploma thesis deals with the topic of flexicurity and its effects on the Czech labour law. After the first chapter, which is focused on the common understanding of the basic concepts of labour law, concentration on the topic itself - the principle of flexicurity - is given. It is a concept that aims to achieve harmony between the flexible arrangements of subjects of employment relationships and the guarantee of a certain level of working conditions for employees. Also the basic elements of flexicurity are explained: employment flexibility and protection of employees. By the introduction to principles of flexicurity also the European Union position to this new concept is explained. The third chapter is focused on the effects of flexicurity in the Czech labour law. In this chapter, also the possible approaches for creating of the legal environment in compliance with principles of flexicurity are explained. This part also deals with the subjects of flexicurity, that can dispose of the flexibility as well as protection of the labour law. In the next section, the employment from the perspective of flexicurity is analysed, as the employment represents the most common labour relation. The chapter deals also with the institutions associated with the...
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