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Tools of the Active Labour Policy in the Light of Employment of Persons with Disabilities
Hanušová, Lenka ; Morávek, Jakub (advisor) ; Lang, Roman (referee)
Tools of the Active Labour Policy in the Light of Employment of Persons with Disabilities Abstract The Diploma Thesis "Tools of the Active Labour Policy in the Light of Employment of Persons with Disabilities" deals with the institute of the Active Labour Policy contained foremost in the Act No. 435/2004 Coll., the Labour Act. The first part of the Thesis outlines a wider context of the Active Labour Policy, especially its relationship to the right to work, to the Labour Policy as to its parent concept and to situation of the Disabled as in the Czech legal regulation and international documents. The second part describes and evaluates the legal regulation of individual tools, while the focal point is the possibility of their use in the employment of persons with disabilities. It deals not only with the tools specifically designed to support the employment of the Disabled, as the rehabilitation and the protected working places. It also pursues general tools of the Active Labour Policy, as e.g. the requalification, the investment incentives, the socially expedient working places and the shared employment mediation. The aim of this Thesis is to analyse individual tools and present a comprehensive picture of the employment of the Disabled issue. Its sources are i.e. the Labour Act and related legislation,...
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Employment of persons with disabilities in the Czech Republic
Beneš, Josef ; Morávek, Jakub (advisor) ; Lang, Roman (referee)
Approximately every tenth citizen in the Czech Republic suffers from a disability. Persons with disabilities form a vulnerable group in the labour market, which is caused mainly by a lower level of their education. Therefore, it is important that legislation protects the disabled persons and encourages employers to their employment. Employing of disabled people is in the interest of entire society and also has an integrative dimension. The main objective of this thesis is to assess comprehensively the legal regulation of the employment of persons with disabilities in the Czech Republic, to reflect recent amendments to applicable legislation and simultaneously to verify the premise that these regulations are satisfactory and feasible in practice. The thesis consists of four parts. The first part focuses on the basic definitions and states in which aspects some similar terms are identical or different. Special attention is paid to the definition of a "disabled person" in all its major forms. The second part deals with international and European regulation, by which the Czech Republic is bound and with which the national legislation must be in accordance. The chapter focuses on a wide range of legal documents that give direction to Czech legislation and grant certain rights to disabled persons. The...
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Working time in healthcare
Kopačková, Tereza ; Morávek, Jakub (advisor) ; Lang, Roman (referee)
This thesis with the topic Working time in healthcare makes an effort to deal comprehensively with the particular issues of the working time institutes, their application in healthcare and it alternatively point to some defiency in legislation. The regulation of the working time is one of the most important working conditions especially for the workers due to the fact that they spend more than one third of their day at work. In case of the healtcare workers it's even more than one third of their day. In first chapters I pursued regulation of the working time from the view of the international law, in concrete from the view of the Conventions of International Labour Organization. I focused more on the European Union regulations, especially on the Working Time Directive, because due to this directive there is no longer the institute of the on-call duty at workplace in czech legislation. The Directive also allowed to legitimize further agreed overtime work for healthcare works. In the third chapter I focused on the regulation of the working time itself. I analyzed the characteristics and compared the current wording with the definition in the Labour Code from the 1965. In the following chapters I analyzed the lenght of working time and its scheduling. I pointed out the differences between fixed, short...
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Liability for damage regarding occupational accidents and diseases
Kyslíková, Kristýna ; Morávek, Jakub (advisor) ; Lang, Roman (referee)
Název práce v anglickém jazyce: Liability for damage regarding occupational accidents and diseases The aim of this thesis is to analyze liability for damages regarding accupational accidents and diseases as a part of employer's liability and the evaluation of the current regulation in this area. This thesis is devided to eight chapters. First part of this thesis is a theoretical introduction to the matter of occupational accidents and diseases and the liability for damages caused by them. The target of the first part is to define the institutes of the labor law, which are crucial for the regulation of material and non-material damages in labor law. The theoretical first part consists of Chapter One, Chapter Two and Chapter Three. Chapter One is introductory and defines basic terminology used in the thesis, with the main term being liability in labour law. Chapter Two enumerates various types of liability, such as material liability, non-material liability and other types of liability. Chapter Three defines material and non-material damage in the light of new Civil Code. Chapter Four and Chapter Five are specifying the issue of damage liability, on both sides - employee's and employer's. Chapter Six provides outlines of the relevant Czech case law and is therefore subdivided into four parts. Part One...
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Flexible forms of working hours
Knapp, Viktor ; Hůrka, Petr (advisor) ; Lang, Roman (referee)
- Flexible forms of working hours Flexibility is hotly debated term in the recent years and not only in a relation to labour market. This diploma thesis deals with flexible forms of working hours, which represents one of the means to achieve greater flexibility of labour law as well as flexible labour market. Increased options in adjusting working hours based on the needs of the subjects of labour-law relations contributes to more efficient use of employees work, provides new possibilities for some risk groups of employees on the labour market and helps employees in achieving work- life balance. These factors also have positive influence on unemployment rate. The thesis is divided into four chapters, which are further divided into subchapters. The first chapter introduces selected legal principles with the regards to the subject of the thesis. Main focus is on subsidiary relation between civil and labour law and "what is not forbidden, is allowed" principle, which is crucial for flexible forms of working hours, followed by an overview of selected basic principles of labour-law relations and introduction of flexicurity concept. The second chapter builds a foundation and much needed context for subsequent chapters by defining working hours and it's legal regulation on national as well as...
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Welfare of women during maternity and parental leave
Baboráková, Renáta ; Morávek, Jakub (advisor) ; Lang, Roman (referee)
This thesis focuses on the welfare system of women during maternity and parental leave, primarily for specific benefits, which are in maternity and parenthood provided. System of state social support to women subject to conditions childbirth, child benefits and parental pay. For the childbirth, the work highlights specific situations that may arise in life. They are taking a child into permanent parental care, surrogate motherhood and the death of a child. For child benefits is given consideration above its level and subsequently at the parental pay instance of fraudulent conduct involving the unauthorized receipt of benefits or readers are informed on the progress of the amendment to the law on state social support. Sickness insurance system is provided benefit maternity pay, for example, which analysed the possible claim women on maternity benefits in specific situations (pregnant student, pregnant person exercising custodial sentence, etc.). For each benefit is each explained the general conditions for entitlement to, and also its amount. Although the work is devoted mainly to women, and a separate section of this paper deals with the men and their opportunities to take the place of women and care for the child. Of course it mentioned welfare system in this period. Even though the work is mainly...
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Contractual freedom versus protection of employees
Kotula, Tomáš ; Hůrka, Petr (advisor) ; Lang, Roman (referee)
This diploma thesis deals with the problematics of the contractual freedom and the protection of employees in labour law relations and the concept of flexicurity which seeks to find balance between these two opposing notions. Its main objective is to evaluate the applicable Czech legislation regulating formation and termination of an employment relationship from the view of flexicurity, including by proposing possible changes of legal instruments within the framework of reflections de lege ferenda. The first part characterizes the contemporary Czech labour law legislation and the concept of flexicurity, followed by its reflection into the Czech Labour Code. This part concludes with an introduction of successful flexicurity models. The following part analyses both development and understanding of flexicurity at European level with the focus on impacts of EU strategy for the Member States. The key parts of this thesis are parts number three and four which deal with the legislation regulating formation and termination of the employment relationship in the Czech Republic. In these parts, relevant legal instruments are first defined and then evaluated with respect to their flexibility and security. The third part defines the course of formation of the employment relationship, particularly on the basis...
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