National Repository of Grey Literature 158 records found  1 - 10nextend  jump to record: Search took 0.00 seconds. 
Sport and labour law
Pavlík, David ; Pichrt, Jan (advisor) ; Tomšej, Jakub (referee)
1 Title of the thesis: Sport and labour law Abstract The subject of this thesis is to analyse the legal regulation in the Czech Republic in the field of sport and to evaluate its status. In the Czech Republic, the legal status of professional athletes still differs from the practice applied in most other European Union countries. In the Czech Republic, professional athletes in team sports are still in the position of self-employed persons, although these athletes are guaranteed the status of employees across Europe. The first chapter deals with the definition of basic concepts related to the sports sector. These concepts include in particular the definition of the term sport itself and its possible subdivisions. The second chapter introduces the entities that occur within the sports sector. These are mainly sports organisations that operate in a so-called pyramid structure. It also includes sports clubs, coaches and agents. The third chapter deals with the National Sports Agency, the reasons for its creation, its legislation and its institutions. The author describes the development of the Agency over the last almost 5 years and critically evaluates its activities. The fourth chapter deals with the function of the European Union in relation to the regulation of the sports sector. Furthermore, the author...
Whistleblower Protection
Andraš, Jozef ; Tomšej, Jakub (advisor) ; Vysokajová, Margerita (referee)
Whistleblowers play a key role in highlighting corruption and other illegal activities in both the private and public sectors, hence it is important to grant them appropriate legal protection. The present rigorous thesis provides a comprehensive analysis of the current legal framework for whistleblower protection in the Czech Republic, which reflects obligations under European Union and international law. The introductory section presents the theoretical aspects of whistleblowing, including the history, definitions and characteristics of the concept. It also describes the subjects of whistleblowing and explains the differences between internal and external whistleblowing. The author does not neglect the related European and international aspects of whistleblower protection, with an emphasis on key decisions of the European Court of Human Rights and 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. Attention is also paid to the partial regulation in individual branches of law and legislative attempts to adopt comprehensive legislation in this area. The main part of the thesis deals with the legislation currently in effect in the Czech Republic, namely Act No. 171/2023 Sb. The author focuses on...
The nature of the work of professional athletes with a focus on football
Jonas, Jiří ; Pichrt, Jan (advisor) ; Tomšej, Jakub (referee)
Interní informace Abstract Title of thesis: The nature of the work of professional athletes with a focus on football This thesis deals with the issue of the status of professional athletes from the perspective of labour law with a detailed focus on professional athletes of collective sports, especially football players. The main question examined is whether the nature of the work of athletes in collective sports fulfils the characteristics of dependent work under the Labour Code or whether it is an independent activity. The first part of the thesis is theoretical and introduces the issues of sport and law. In the second part, the author examines the compatibility of sport and labour law and then discusses the position of the professional athlete from the perspective of the Czech legal system and the case law of the Supreme Administrative Court. The author concluded that professional athletes could act as employees or as self-employed persons and explained the advantages of these different statuses. On the issue of dependence, he concluded that the nature of the activity of a professional athlete in team sports fulfils such features, but that the Labour Code cannot be applied to these relationships because of some of its institutes, which the author described in his work. The third part of the lever is then...
Illegal employment and its sanction
Liškařová, Zuzana ; Tomšej, Jakub (advisor) ; Štefko, Martin (referee)
Illegal employment and its sanction Abstract The topic of this rigorous thesis is illegal employment and its sanction. The thesis focuses on the analysis of situations when illegal employment and the actual performance of illegal work is enabled and furthermore it takes a comprehensive view on the sanctions against illegal employment and illegal work. The aim of the thesis is to provide a comprehensive analysis of different types of illegal work, such as illegal employment of foreigners, non-contractual work and false self-employment. The thesis also aims to identify the causes and consequences of this issue and to analyze the possibilities to counteract this negative phenomenon. Attention is also paid to the sanctions that are associated with illegal employment and illegal work. The thesis is structured into nine substantive chapters and can be divided thematically into four main parts. The first part deals with dependent work, examining its characteristics, features and the conditions under which it is performed. The second part deals with illegal work itself, explaining the concept of illegal work and its development within the legal system of the Czech Republic. This part also deals with the types of illegal work, including illegal employment of foreigners, non-contractual work and false...
Illegal work - performance of work outside the basic employment relationship
Benešová, Romana ; Tomšej, Jakub (referee)
Illegal work - performance of work outside the basic employment relationship Abstract The topic of this diploma thesis is illegal employment according to the provisions of § 5 letter e) point 1 of Act No. 435/2006 Coll., on employment, as amended. The thesis deals exclusively with the fulfillment of the definition of illegal work by performing work outside the employment relationship, ie situations where there is either a concealment of dependent work, its performance without a valid employment contract or the performance of work on examination. The main goal of this work is to connect the field of employment with the field of administrative punishment and thus gain comprehensive knowledge about illegal work and its punishment. The thesis provides a detailed analysis of the current legislation on illegal work and links its wording with selected case law, thus creating a comprehensive overview of the issues addressed. This diploma thesis is divided into four main chapters. In the first part, the graduate focuses on the definition of the terms dependent activity and dependent work, which are necessary for understanding the issues of work outside the employment relationship. The second part of this work describes in detail the possibilities of fulfilling the definition of illegal work, while its important...
Pension reform
Šuchma, Petr ; Štangová, Věra (advisor) ; Tomšej, Jakub (referee)
Pension reform Abstract This master thesis contains analysis of the pension system in the Czech Republic, its comparison with pension systems in several countries and description of historical and contemporary designs of pension reform. My ownassessment of this problematics is in conclusion. The introduction of this master thesis describes the theoretical concept of the pension system, contains detailed analysis of valid regulation of the Czech pension system (including its constitutional basis),the main first pillar,whichis financed by the pay as you go system and which represents pension insurance, as well as the supplemental pension savings as a voluntary participation pillar. Furthermore, this thesis marginally concerns procedural regulation, thus organization and proceedings in the matter of pension insurance. It describes relations between public authorities that are empowered in the area of pension insurance and description of the procedure itself. This thesis also contains an overview of pension systems in Slovakia, Sweden and the Netherlands. These countries have been selected because the Slovak and Czech pension systems are very comparable and Swedish and Dutch pension systems are generally considered some of the best in the world, whereas each of them stands on different bases. This thesis also...
Trends and changes in the performance of working from home in recent years
Černohorská, Eliška ; Matějka Řehořová, Lucie (advisor) ; Tomšej, Jakub (referee)
The diploma thesis is divided into two parts, the first part is conceived as theoretical, which deals with the trends in the development of the legislative regulation of work from home and the legislative process of the draft amendments to the Labor Code from 2016 and from 2022. For the context of the entire institute of work from home, in the first the historical development of working from home is also mentioned in the thesis. The 2022 amendment to the Labor Code is analyzed in more detail and its legislative process is also described. The aim of the thesis was to evaluate the original legislation on working from home and the proposed amendments. Act no. 262/2006 Coll., the Labor Code, which was void and effective until 30/09/2023. Within the framework of working from home, the diploma thesis deals in more detail with reimbursement of costs and safety, health and protection when working from home. Since working from home cannot be grasped separately from other issues, the diploma thesis marginally touches on institutes related to working from home, namely: taxes in connection with another place of work performance and working from home in relation to the environment. In the second part, the thesis is devoted to practical research on working from home from the period before the global Covid-19...
The position of the employee in the changing world of dependent work
Tkadlec, Matěj ; Morávek, Jakub (advisor) ; Tomšej, Jakub (referee) ; Šimečková, Eva (referee)
THE POSITION OF THE EMPLOYEE IN THE CHANGING WORLD OF DEPENDENT WORK ABSTRACT This dissertation theses focuses on the issue of dependent work with regard to the phenomenon of the so-called sharing economy or platform economy. In its first part, I therefore discuss in detail what is actually meant by dependent work, what has been its historical development in our territory, and how its individual definitional features are interpreted, as defined in Section 2(1) of the Labor Code, as well as other features imported by case law, which are the consistency of work and its performance for remuneration. I conclude that the definition of dependent work as it is currently written in the Labor Code may in many cases erode the labor market rather than preserve legal certainty. The reason for this is that, particularly in the 21st century, the labor market is undergoing significant changes which, among other things, have resulted in new expectations, attitudes and requirements for mutual contractual relations on the part of both employers and employees. Strictly speaking, the definition of dependent work still corresponds to so-called factory work, but it is very skeletal when applied to more modern and flexible forms of employment such as those found in the IT sector or the sharing economy. For this reason, in the...
The Obligation of an Employer to compensate for non-pecuniary damage
Matějka Řehořová, Lucie ; Tomšej, Jakub (referee)
The Obligation of an Employer to compensate for non-pecuniary damage Abstract The presented dissertation thesis deals with the topic of the employer's obligation to compensate for non-pecuniary damage. It comprehensively presents the issue of the employer's obligation to compensate for non-pecuniary damage, from the constitutional and theoretical basis of protection of human life and health, through pointing out to the reflection of the basic principles of labour relations in the field of non-pecuniary damage, to the definition of specific application problems in claims of non-pecuniary damage, including a proposal for their solution. The thesis does not neglect the relevant case law of the highest national and international courts, including the analysis of its impact on the interpretation of selected legal institutes in the field of non-pecuniary damage compensation. Thorough attention is paid to the general principles of non-pecuniary damage and a comprehensive interpretation of selected institutes in the field of applicable legislation on compensation for non-pecuniary damage in civil and labour law, including legislative proposals de lege ferenda. In the thesis, as one of the research questions, a possible subsidiary application of the Civil Code to the field of the liability employment relations is...
Working hours and rest periods
Bednářová, Tereza ; Vysokajová, Margerita (advisor) ; Tomšej, Jakub (referee)
Working hours and rest periods Abstract The master's thesis deals with the topic of working hours and rest periods. These legal institutes are presented not only from the perspective of current domestic legal regulations de lege lata but also outline their historical development from the medieval period to the present, including their significant connections with both EU and international law. A significant part of the work is also dedicated to flexible forms of working hours, such as remote work, which popularity has increased in recent years, especially in the context of the global COVID-19 pandemic. At that time, this alternative method represented an ideal way to minimize the risk of disease transmission while allowing both employees and employers to continue their work activities. Given that both working hours and rest periods affect nearly every economically active individual in the labour market, the master's thesis also briefly mentions related psychological impacts that can occur in an individual's life in connection with the setting of working hours and rest periods. Technological advancements in recent decades have been gaining momentum and bringing many changes in almost all stages of a person's life. This places significant demands not only on individuals themselves but also on legal...

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