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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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Modes of termination of employment
Popluhárová, Marie ; Štefko, Martin (advisor) ; Hůrka, Petr (referee)
76 ABSTRACT Modes of termination of employment Termination of employment is a legal concept, which leads to the termination of basic employment relationship between employer and employee - for termination of employment. Employment could be terminated in several ways, which are listed in the Labour Code. Therefore I decided to describe general the various ways, and then I will deal with just one of them - the immediate termination of employment. The immediate termination of employment is exceptional way how to terminate the employment. It regards to one-sided legal act by which the employment can be terminated quite exceptionally. This instrument can be used by employer and by employee as well. But because it regards to significant interference with working contract, the employment can be ended only by realizable strict conditions which are determined by law. My paper work is divided into nine chapters, in every of these chapters I am dedicating to different aspects. In first chapter I have tried to define the conception, function and position of working law, as well as to describe the relationship between the labour code and new code of civil law. The second chapter describes what is working contract and especially how it is possible to end it and the third chapter is devoted to various ways of termination...
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Sanctions for breaching the obligations within employment law relationships
Černá, Michaela ; Morávek, Jakub (advisor) ; Štefko, Martin (referee)
1 Summary Topic of this Master's thesis are sanctions for breaches of obligations of participants of labor law relationships. The first and the second chapter focus on the introduction into researched issue of legal sanctions. The author defines basic concepts which are relevant for the thesis. Then the author deals with the definition of the legal sanction and analyzes the relationship between the legal sanction and the legal liability. The author furthermore explains the basic behavior of the legal sanction and its significance. The third chapter follows on term definition from the first part of the thesis. It consists of brief interpretation of chosen private law sanctions in the labour law. It presents sanctions as nullity of legal act, relative inefficacy of legal act, limitation of actions and preclusion and liability. The main part of this thesis focuses on liability of employee for damage. The fourth chapter describes the division of labour law liability into different kinds. It also introduces the issue of liability for damage. In the fifth chapter the author introduces the employee liability in context of legal sanctions and a detailed explanation of the valid legal regulation of employee liability for damage. It focuses on the General Liability, Liability for Non-Fulfilment of the Duty to Prevent...
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The Analysis of the Pension Systems and Pension Reforms and their Possible Applications in the CR
Hrdý, Milan ; Štefko, Martin (advisor) ; Bělina, Miroslav (referee)
The submitted thesis deals with the analysis of pension systems with possible application of acquired knowledge on the conditions of the Czech Republic. Theoretically, the work is based on analysis of pension insurance and pension systems, as well as on the analysis of possible ways of implementation of pension reforms. From a practical point of view pension systems and reforms in selected countries are analyzed. These theoretical and practical bases are subsequently used for a comprehensive analysis of the pension system in the Czech Republic, including an analysis yet undertaken pension reforms. The knowledge gained is then synthesized into the appropriate conclusions and some concrete suggestions are made for specific adjustments to the system in the future. The pension system in the Czech Republic is a modern pension scheme which includes elements of solidarity and merit and excluding state pay system enables the system of additional forms of security under the third pillar of the pension system. Problems occur in conformity political representation on systemic changes in the pension system which had a negative impact in the initial implementation and subsequent cancellation of the second pension pillar. For the future, it is recommended primarily to use the Pan-European pension system with the...
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The Status of a Professional sportsman in terms of Labour Law
Baťhová, Lucie ; Vysokajová, Margerita (referee) ; Štefko, Martin (referee)
This Thesis deals with the issue of a status of a professional sportsman in terms of labour law. First chapters are dedicated on the definition of dependent work in terms of the Labour Code and the questions of basic institutes of labour law, which are essential for proper comparing with the status of a professional sportsman. Further the key concepts of a professional sportsman and sport club are defined from the view of Czech Law. This Thesis continues with a treatise on legal relations between professional sportsman and sports clubs as well as detailed analysis of legal contracts between professional sportsman and sports clubs. After analysing the fundamental questions of the legal relationship between a professional sportsman and a sports club, this work focuses on the question of comparison of the labour section with the section dealing with professional sportsman. Primarily to answer a fundamental question, whether the performance of sports activities can be considered as a dependent work according to the Labour Code. Even though it is an essential question, it is problematic within the scope of Czech legal system, because there is no proper legislation. We don't even find support in the Czech case law, which doesn't contain clear definition of this issue. At the end of my thesis I deal with...
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Transfer of rights and obligations arising from labour relations
Blaha, Martin ; Lang, Roman (advisor) ; Štefko, Martin (referee)
This diploma thesis deals with the institute Transfer of rights and obligations arising from the labour relations under the Czech legal system in comparison with European legislation and namely in the light of the Czech and EU's judicial decisions. The text is divided into three main parts. In the first part there are generally determined the labour relations, their elements and possible change of them. The second part describes the institute, the impact on the concerned employees and all rights and obligations with the transfer related. The third part is about the situations, when the Transfer of undertaking occurs in accordance with special regulations. There are raised the questions in the text, which could occur in this context with the change of the employer, and the author attempts them more or less to answer with the assistance of the decisions of courts.
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Comparison of legal regulation of sickness insurance in case of sickness in the Czech Republic and the Republic of Bulgaria
Černý, Jiří ; Zemanová, Jana (advisor) ; Štefko, Martin (referee)
The aim of this diploma thesis "Comparison of legal regulation of sickness insurance in case of sickness in the Czech Republic and the Republic of Bulgaria" is to provide a clear and systematic description of social benefits provided to employees nad self-insured persons in case of general sickness in the Czech Republic and the Republic of Bulgaria, to compare some mechanisms of financial security of insured persons and to recommend some changes to be made in Czech legislation. The thesis is composed of three parts. Each part consists of some chapters. The first part of this work is focused on Czech legal regulation, the second one on Bulgarian legislation and the third part is comparative. The first and the second parts of this diploma thesis are subdivided into for chapters. Chapters one of the first and the second part of the thesis are introductory and define basic terminology used in this thesis, such as general sickness, social events, temporary incapacity to work. Chapters two deal with social security systém and sickenss insurance in both countries. Chapters three describe short-term events caused by sickness - temporary disability to work and quarantine. The last short-term event is different in both countris. Czech law deals with caring of a member of home. This short-term social event....
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Employee liability for property damage and harm to a person
Dařílková, Linda ; Drápal, Ljubomír (advisor) ; Štefko, Martin (referee)
Name of the thesis: Employee Liability for Property Damage and Harm To a Person The aim of this thesis is to analyze employee's liability for damage in a broader historical context, extending also to the theory of law, to distinguish the specifics of labour law liability from the civil law liability and to define the prerequisites for the emergence of different types of employee's liability for damages and to elaborate on them in detail, especially through scientific literature and case law. In the first chapter, I describe labour law in brief historical context relevant for the topic, with reference to key changes in the development of labour law legislation. In accordance with aforementioned, in chapter two I then focus on the theory of liability, namely liability for damage, and then in chapter three I analyze in detail the liability for damage as regulated in the Act No. 262/2006 Coll., Labour Code. Chapter four strives to outline the functions of liability for damage in employment relationships and defines the prevention of damage. Chapter five then enumerates the prerequisites for arising of the employee's liability for damage and also focuses on definition of related legal terms. Chapter six analyzes different types of employee's liability for damage: General liability, liability for...
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Equal Treatment and Discrimination in Labor-Law Relationships
Aldorf, Lukáš ; Pichrt, Jan (referee) ; Štefko, Martin (referee)
of the rigorosum thesis "Equal Treatment and Discrimination in Labor-Law Relationships" The aim of this thesis is to ascertain how effective the anti-discrimination law in labor-law relationships on the level of international, EU, and Czech national law is. Next, if needed and based on the findings also to propose effective and just changes of law or an adoption of extralegal measures. The structure of the thesis corresponds to its aims. In the first chapter, basic terms used in the anti- discrimination law area are defined. In the second chapter, I introduce the (for me) most compelling conception of moral justification of the prohibition of discrimination in any normative system. The third chapter describes, analyzes and partly also criticizes the valid law on the above mentioned three levels of law (international, EU, Czech). In the fourth chapter, I mention methods by the use of which one can estimate the extent of discrimination in certain area. The fifth chapter enumerates typical causes of or motivation behind discriminatory treatment, which are in particular prejudice and conformity. In the last chapter, I propose certain changes of the complaint mechanism and adoption of reasonable accommodation and soft quotas mechanisms. Last but not least, I stress the importance of education of all...
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The Legal Regulation of the Termination of the Labour Relationship
Cziviš, Marek ; Vysokajová, Margerita (advisor) ; Štefko, Martin (referee)
in English My aim was to describe the way of termination of the labour relationship according to the valid legal regulation, to compare the Czech legal provisions concerning the termination of the labour relationship with the Slovak provisions and also with the other legal systems of some other member countries of the European Union. I am also willing to describe the relationship of the newly adopted Civil Code and already existing Labour Code and to mention some thoughts concerning the future development of the termination of the labour relationship.
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