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Atypical Forms of Employment from the Perspective of Flexicurity
Kvapilová, Monika ; Morávek, Jakub (advisor) ; Matějka Řehořová, Lucie (referee)
Atypical Forms of Employment from the Perspective of Flexicurity Abstract The aim of this thesis is the assessment of the legal regulations of selected types of atypical employment from the perspective of the concept of flexicurity. It aims is to analyze the legal regulations of selected types of employment, to identify key elements of flexibility, security and employee protection, and critically evaluate whether the current legal framework meets the requirements of the Czech labor market or not. In case of the requirements not being met, possible solutions shall be proposed within the considerations de lege ferenda. This thesis consists of an introduction, four main parts, which are further divided into chapters and subchapters, and a conclusion. The first part offers a brief introduction to labor law. The second part focuses on the concept of flexicurity, its origin, various interpretations of different professionals, and its utilization in employment policies. It describes several different types of flexibility, security, and employee protection, and their reflection in labor law institutions. The third part is concerned with employment, dependent work, and the distinction between typical and atypical employment. The key part of this thesis is the fourth part, which examines specific forms of atypical...
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Remote work
Janšta, Lukáš ; Morávek, Jakub (advisor) ; Tomšej, Jakub (referee)
Remote Work Abstract This thesis deals with the issue of remote work, or in other words, mobile work as this thesis calls it. In the first chapter, the concept of mobile work is defined, while the lack of unified terminology in both, academic literature and practice, is addressed. The thesis then analyses the current legal framework concerning mobile work, demonstrating through specific examples that practice, expert community, as well as the Ministry of Labour and Social Affairs and the legislator (through the respective explanatory report), often consider the provisions of Section 317 of the Labour Code as the regulation of mobile work. The thesis critically examines this approach, identifying Section 317 of the Labour Code as a relic of the historical legal institute of so-called home employment, concluding so, among other thigs, on the basis of a direct comparison of the wording of Section 317 of the Labour Code with relevant historical legal regulation. Consequently, the thesis concludes that mobile work per se, strictly speaking, is not regulated by the law, even though the regulation of home employment bears a significant resemblance to mobile work. Subsequently, the thesis analyses the wording of Section 317 of the Labour Code itself, concluding that it is not entirely satisfactory. The dispositive...
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Protection of whistleblowers
Fingerhutová, Kristýna ; Morávek, Jakub (advisor) ; Matějka Řehořová, Lucie (referee)
Protection of whistleblowers Abstract This diploma thesis deals with whistleblowing and related protection of whistleblowers. The author set herself the goal of analyzing and evaluating the newly adopted Whistleblower Protection Act and to analyze in detail its selected institutes. During the evaluation of advantages and disadvantages of previously mentioned legal regulation and the evaluation of possible practical impacts, the author reached her own conclusions, which were stated in the text of the thesis. The introductory chapter introduces the concept of whistleblowing, the historical background and the connection with the issue of employee loyalty. At the same time, this part of the thesis provides an overview of relevant international legislation and case law. In order to understand the broader context, the thesis further examines the wording of the European Directive as defining a comprehensive and detailed regulatory framework for all EU Member States and discusses some of its substantive provisions. The thesis also provides an overview of the development of legislation in this area in the Czech Republic, including the search for a path to the adoption of the Act. Following this, the main part of the thesis discusses in more detail selected legal institutes of the Act that have been discussed as...
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Equal remuneration of employees
Hampelová, Marcela ; Morávek, Jakub (advisor) ; Lang, Roman (referee)
54 Equal remuneration of employees Abstract This thesis in detail describes the Czech legislation in the field of equal remuneration of employees, which forms an essential part of labor law. The principle of equal remuneration is one of the key concepts in the pursuit of social justice and equality in the workplace and is also closely related to the prevention of discrimination. Considering the scope, this thesis cannot be completely exhaustive and is focused only on selected aspects of unequal remuneration. The aim of this diploma thesis is mainly to provide a comprehensive interpretation in relation to the provisions of equal wage, salary or remuneration for equal (same) work or work of the same value, to identify weak areas in the legislation and to outline possible direction for the future legislation. In addition to the introduction and conclusion, this thesis is divided into five main chapters, which are further divided into individual subsections. In the first and second chapter of this thesis, the focus is on the interpretation of European and national legislation on equal remuneration and describes the principles that govern this legislation. The third chapter is focused on Czech national and European jurisprudence in the area of unequal remuneration and evaluates what conclusions are drown from...
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Comparative Analysis of Employment Status under the Laws of England and Wales and under the Laws of the Czech Republic
Cowell, Barbora ; Pichrt, Jan (advisor) ; Morávek, Jakub (referee) ; Matejka, Ján (referee)
1 Comparative Analysis of Employment Status under the Laws of England and Wales and under the Laws of the Czech Republic Mgr. Barbora Cowell Abstract In this dissertation, the author performs the comparative analysis of the laws of England and Wales and the laws of the Czech Republic governing different types of employment status and rights/obligations associated with each type. The author aims to answer the following research question: In what ways could the Czech legal system draw inspiration from the laws of England and Wales governing different types of employment status and rights/obligations associated with each type? The first part of the dissertation summarises recent developments in England and Wales impacting the current as well as future legal rules in this area. The second part deals with the basic categorisation of different types of employment status in both legal systems. The third part analyses the fundamental duties of employees/workers and employers in both legal systems. The fourth part focuses on a selection of rights granted to workers by English employment law and English social security law and compares them to the corresponding rights set out by Czech employment legislation. The fifth part analyses a selection of rights granted to employees by English employment law and compares them...
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Legal regulation of whistleblowing in Czech Republic
Dobiášová, Lucie ; Morávek, Jakub (advisor) ; Matějka Řehořová, Lucie (referee)
Legal regulation of whistleblowing in Czech Republic Abstract This rigorous thesis addresses the current topic of legal regulation of whistleblowing in the Czech Republic. The aim of this rigorous thesis is to provide a general insight into the issue of whistleblowing. The thesis is divided into five parts, which successively analyse the current state of legal regulation, the history of whistleblowing in the Czech Republic, and its development in an international context, the fundamental problems and challenges associated with the protection of whistleblowers, and finally, a detailed examination of the proposed new law on the protection of whistleblowers in the context of the Directive (EU) 2019/1937 of the European Parliament and of the Council of 23 October 2019 on the protection of persons reporting breaches of Union law. In the introduction, this thesis focuses on the definition of whistleblowing, examines the history of whistleblowing in the Czech Republic and abroad, and discusses the concept of whistleblowing in the legal system. The work also presents the main problems and challenges associated with the protection of whistleblowers in the Czech Republic, such as the consequences of the futile expiration of the transposition period and the resulting consequences. In the central part of the work, the...
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Whistleblowing
Miková, Hana ; Morávek, Jakub (advisor) ; Matějka Řehořová, Lucie (referee)
1 Whistleblowing Abstract The thesis deals with the constantly increasing issue of Whistleblowing problematics. Adoption of the Directive on the protection of persons who report breaches of Union law imposes an obligation to the EU Member States to transpose the Directive by 17 December 2021. By the date of finalization of this thesis, the Czech Republic has not complied with this obligation yet and is therefore in a delay for more than one year. The forthcoming Whistleblower Protection Act which would implement the Directive into the Czech law has already passed its first reading in the Chamber of Deputies and is very likely to be adopted soon. The aim of this thesis is to introduce the concept of whistleblowing and its development. It also describes what the introduction of an internal whistleblowing system into internal processes entails, how the regulations govern whistleblowing-related institutes across the Czech law, but also to analyze the current draft of the Whistleblower Protection Act in detail and to present prior legislate attempts. The first chapter is dedicated to the concept and development of whistleblowing in the world and in the Czech Republic. It explains the meaning of whistleblowing and the link between whistleblowing and internal compliance. In relation to the development of...
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Claims for compensation for accidents at work and occupational diseases
Pavlovský, Marek ; Drápal, Ljubomír (advisor) ; Morávek, Jakub (referee)
1 Claims for compensation for accidents at work and occupational diseases Abstract The topic of this diploma thesis is the issue of the claims of the employee for compensation for accidents at work and occupational diseases included in the broader context of the compensation for pecuniary and non-pecuniary harm in labour law with an accent on the definition of the key concepts with connected institutes. The topic reflects the characteristic attributes, purpose and development of the employer's duty to compensate for pecuniary and non-pecuniary harm, from which the significant part of the work devoted to partial claims for compensation, is based. The diploma thesis is divided into nine chapters, where the topic is described using descriptive, analytical and comparative methods. First chapter is focusing on introducing the field of duty to provide compensation for pecuniary and non-pecuniary harm in private law. The second chapter is devoted to a comparison of the legal regulation of the duty to provide compensation for harm in the Labour Code and in the Civil Code. The third chapter already deals with important aspects of the employer's duty to provide compensation for pecuniary and non-pecuniary harm caused to the employee with employee's duty to provide compensation for damage. The fourth chapter presents...
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Atypical Forms of Employment
Machala, Jan ; Morávek, Jakub (referee)
The thesis deals with atypical forms of employment, from their definition, through legal regulation to their use in practice. Atypical employment is a highly topical issue in labour law. This is confirmed by the development in the European Union countries, where an increasingly clear shift from the typical employment relationship model to atypical forms of employment can be observed. Atypical employment can be a tool to promote higher employment rate, flexible adaptation to the requirements of the labour market and reconciliation of work and family life. The thesis consists of an introduction, three chapters systematically divided into subchapters, and a conclusion. The first chapter deals with the development of labour law in the Czech Republic. The second chapter deals with labour law in the sense of its concept, subject and position in the legal system. The core part of the thesis is its third chapter, which deals with selected atypical forms of employment regulated by the Czech legal system. It analyses agreements on work performed outside the employment relationship, temporary assignment, agency employment, temporary employment, part-time work, job sharing and performing work from home. After an assessment of atypical forms of employment, considerations are presented on the possibilities for...
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Employment of persons with disabilities
Nová, Kateřina ; Lang, Roman (advisor) ; Morávek, Jakub (referee)
Employment of persons with disabilities Abstract The aim of this thesis was to present the issue of employment of persons with disabilities in the Czech legal system as comprehensively as possible. Thanks to the fact that persons with disabilities constitute, according to the Czech Statistical Office, more than 10% of the population and their number is increasing, the Czech Republic has this issue quite comprehensive. Apart from the Czech legal system, this thesis also approaches the most important regulations for defining persons with disabilities in international regulation. The content of this thesis is arranged in five chapters. The first chapter introduces the basic concepts without which it is impossible to deal with this issue, namely the concept of employment and disability. The second chapter defines the category of persons with disabilities in the Czech legal system into two categories, namely disabled persons and persons with disabilities. The third chapter presents the basic definition of persons with disabilities in the most important regulations of the International Organisations. These are the International Labour Organisation, the World Trade Organization, the United Nations, the Council of Europe and the European Union. The fourth chapter is the key chapter of the whole thesis dealing with...
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