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Temporary agency employment
Zůbek, Jan ; Pichrt, Jan (advisor) ; Morávek, Jakub (referee)
Title of the thesis: Temporary agency employment Abstract The topic of this diploma thesis is temporary agency employment. Temporary agency employment is a type of employment intermediation realized with the cooperation of three entities - the employment agency, the user undertaking and the temporary agency worker. Based on this institute of labour law, temporary agency workers may be assigned to user undertakings to work there temporarily. Temporary agency employment is a popular way of recruiting a labour force, as it provides the possibility to respond relatively quickly and effectively to the need to increase or decrease the number of employees. This work aims to summarise the essential characteristics of temporary agency employment and to point out some problematic aspects of the Czech legislation related to temporary agency employment. The text of this thesis is divided into six chapters. The first chapter deals with employment intermediation and its individual forms. One of these forms is a temporary agency employment, to which the rest of the chapters are devoted. The second chapter is dedicated to the temporary agency employment definition and the characteristics of this institute in terms of its basic attributes: atypicality, flexibility, and precariousness. This chapter also compares temporary...
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Labor relations within the so-called sharing economy
Novák, Oliver ; Pichrt, Jan (advisor) ; Morávek, Jakub (referee)
: Labor relations within the so-called sharing economy This diploma thesis deals with sharing economy, especially in the field of labor law and gig platforms. The first part of the thesis defines the concepts related to the sharing economy. In the following part pros and cons of platform economy are discussed. This discussion is focused on relationship between service providers and gig platforms. The next part of the diploma thesis is devoted to concealment of employment relationship in the gig economy and comparison of this phenomena with " Svarc System". In this context, the thesis outlines some aspects of labor law in the United Kingdom and the United States. The thesis also evaluates the impact of EU Directive 2019/1152 on labor law in Czech Republic. The final part is focused on possibility how to prevent concealment of employment relationship and ways for reduction of negative consequences associated with it.
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The procedure of health care provider non lege artis with respect to social security
Mikudová, Tereza ; Morávek, Jakub (advisor) ; Lang, Roman (referee)
This diploma thesis deals with the procedure non lege artis and its consequences. The aim of the thesis is to analyze the possible impacts of the procedure non lege artis in particular in the field of social security law. For better orientation, the thesis is divided into two parts, with each part being further divided by two chapters, i.e. the thesis contains a total of four chapters. The first part of the thesis deals with the concept of lege artis And the consequences of the procedure non lege artis in the field of social security law, the second part deals with related issues, in particular it focuses on the legal aspects of the relationship between the patient and the provider of health services and the possible consequences of such a procedure in other legal levels. As a general introduction to the issue and to understand other contexts, the first chapter defines the term lege artis for it is the basic concept from which the further content of the work is derived. In this context, the author also reflects on the relationship lege artis and the Article 31 of the Charter of fundamental rights and freedoms of the Czech Republic. In the second chapter, the author points out the possible consequences of violating the procedure lege artis in the field of social security law, the consequences of...
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Transfer of rights and obligations arising from employment relationships
Ševců, Dominik ; Tomšej, Jakub (advisor) ; Morávek, Jakub (referee)
Transfer of rights and obligations arising from employment relationships Abstract The thesis deals with the legal institute of transfer of rights and obligations arising from employment relationships, which is regulated both at European and national level. At the European level, this institute is regulated under Council Directive 2001/23/EC of 12 March 2001 on the approximation of the laws of the Member States relating to the safeguarding of employees' rights in the event of transfers of undertakings, businesses or parts of undertakings or businesses. At the national level, the institute is regulated under Act No. 262/2006 Coll., the Labour Code, which has recently been amended by Act No. 285/2020 Coll. amending Act No. 262/2006 Coll., the Labour Code, as amended, and certain other related acts. This amendment has fundamentally changed the Czech regulation thereof. The main objective of the thesis is to compare the Czech regulation on the transfer of rights and obligations in the wording prior to and after the aforesaid amendment, with the legislation at the European level. The author also offers his assessment of the current Czech legislation regarding the transfer of rights and obligations and possible de lege ferenda solutions. The thesis is divided into 5 chapters. In the first chapter, the author deals...
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Collective bargaining
Dobeš, Vojtěch ; Pichrt, Jan (advisor) ; Morávek, Jakub (referee)
Collective bargaining The subject of this thesis is collective bargaining. Alongside individual labour law, it is a traditional branch of labour law with roots going back to the 19th century. In the Czech Republic, the foundations of modern collective law were laid as early as 1870, when the so- called Coalition Act was adopted. The great flowering of collective labour law then occurred during the period of the First Czechoslovak Republic. Today, collective bargaining has an irreplaceable place in Czech society. The aim of the thesis is to describe collective bargaining and to reflect on the shortcomings of the Czech legal framework, or to contribute to the general discourse with de lege ferenda considerations. The thesis consists of the introduction, three chapters and the conclusion. The first chapter is devoted to the sources and legal regulation of collective bargaining. In addition to being enshrined in the Czech legal system, including at the constitutional level, the documents of international organisations, in particular the conventions of the International Labour Organisation, have a major influence on collective bargaining. The influence of the Council of Europe or the European Union cannot be overlooked. The second chapter describes the subjects of collective bargaining. The first subject is the...
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Work From Home
Nolová, Karolína ; Morávek, Jakub (advisor) ; Matějka Řehořová, Lucie (referee)
Work From Home Abstract The thesis deals with the current institute of labor law, which is working from home. The aim of this thesis is to explain the basic concepts, to summarize the past and current legislation, to analyze the main shortcomings of the current legislation and problematic points of homeworking, and to propose further direction of the legislation through de lege ferenda considerations. In particular, the main idea of the thesis is to present considerations to remedy the deficiencies of the current legislation. The overall structure of this thesis is composed of four parts. The first section discusses basic concepts such as working from home, working away from the employer's workplace, home office, homeworking and teleworking. Furthermore, this section is focused on the development of the legal regulation of homeworking, not only in the Labor Code, and the international and EU context. The second part examines the current legal regulation of working from home, more precisely working away from the employer's workplace, i.e. the provisions of Section 317 of the Labor Code. The individual defining features are addressed, including the employee's self-scheduling of working hours and the exclusion of wage compensation for other major personal obstacles, overtime and public holidays. This section...
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Workplace violence
Malinová, Michaela ; Morávek, Jakub (advisor) ; Tomšej, Jakub (referee)
Workplace violence Abstract Herein presented thesis addresses the problem of workplace violence. The thesis focuses on physical and mental violence, with particular emphasis on bullying (mobbing). The thesis is divided into six main chapters. The aim of the first two chapters is to explain the nature of workplace violence, to draw attention to the danger of this pathological phenomenon and to point out the fact that workplace violence can be successfully prevented. The main objective of the thesis is to present, analyze and critically evaluate the existing legal means of protection against workplace violence. In the introductory chapters, the author presents and puts into context the results of national and foreign psychological research on the matter. Research findings suggest that bullying in the workplace could affect approximately one-fifth of Czech employees. The severity of the consequences of bullying can be fully comparable with PTSD from rape or war experiences. Current research suggests that harassment at work can be successfully prevented by creating safe work environment and working conditions. In the key chapters of the thesis, the author presents and analyzes the relevant legislation. Attention is paid to protection under anti-discrimination law, labor law and civil law. The author deals with...
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Notice of termination of employment served by employer for employee's health reasons
Svatošová, Leontina ; Matějka Řehořová, Lucie (advisor) ; Morávek, Jakub (referee)
Notice of termination of employment served by employer for employee's health reasons Abstract The thesis deals with the topic of termination for health reasons, i.e., termination based on the causes contained in Section 52 (d) and (e) of the Czech Labour Code. The author's aim is not only to provide a comprehensive examination of the topic itself but also to provide an overview of the most important challenges associated with the termination grounds in question. This purpose is achieved in particular through a thorough analysis and comparison of the rich case law, which is absolutely crucial to the chosen topic and the rapid development of which has been subject to much critical reflection. The secondary aim is to outline possible solutions according to the designed law, both on the basis of professional literature cited in the thesis as well as the author's own conclusions. These suggestions are presented in a comprehensive way, especially in the final chapter of the thesis, but partial ideas can also be found throughout the whole work. Due to the key position of the medical statement in relation to the examined grounds for termination, the thesis also pays sufficient attention to this legal institute and its development over the years with regard to relevant decisions of higher courts. To illustrate the...
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School on The Joy, Zdar nad Sázavou
Morávek, Jakub ; Mačuda, Michal (referee) ; Vítek, Jiří (advisor)
The bachelor's thesis refers to the official assignment of the management of the school Na Radosti in Žďár nad Sázavou. It is a democratic school where the teaching system is based on freedom of decision and non-archiving of individuals in the community. This school is now located in various locations in the city and needs a new quality space that meets current requirements and standards. The school with a capacity of about 100 pupils should create a pleasant space for teaching and support concentration. The demarcated plot of land directly encourages the direct connection of the school with nature, which is also required by the given system of teaching, as the teaching is also distributed to the outdoor areas.
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Sport and labour law
Novák, Tomáš ; Pichrt, Jan (advisor) ; Morávek, Jakub (referee)
Title of the thesis: Sport and labour law Abstract This thesis deals with the legal status of professional athletes in team sports in the Czech Republic and primarily focuses on the question of whether the activity of professional athletes in team sports is dependent work and whether the current practice, where contractual relations between sports clubs and players as self-employed persons are mostly other than labour relations, is long-applied and by the public authorities tolerated false self-employment (in Czech the so-called "švarcsystém"). The first chapter initially deals with the definition of sport and its division, as well as the functions that sport has in society. It also provides a brief explanation of sports law, its basic principles and, last but not least, an insight into the current state of the legal regulation of sport in the Czech Republic. The second chapter of the thesis describes the position and activities of some entities with a significant influence on the functioning of the sports sector with the ambition to provide at least a basic insight into the organizational structure and the daily operation of professional sport. The following two chapters are the main part of this thesis. In the third chapter, the author presents the legal status of the professional athlete in team sports...
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