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Severance pay
Svatošová, Leontina ; Matějka Řehořová, Lucie (advisor) ; Morávek, Jakub (referee)
Severance pay Abstract The submitted rigorous thesis explores in depth the legal institute of severance pay as a compensation provided to employees under the Labour Code in certain cases of termination of employment. Using the descriptive, analytical and comparative methods and with the help of rich literature and case law, the author provides not only a definition and description of the current labour law regulation of severance pay contained in the provisions of Section 67 (and others) of the Labour Code and its previous historical development after the Velvet Revolution, but also of the related institutes, which include, among others, the termination grounds related to severance pay, i.e. the grounds under Section 52(a) to (d) of the Labour Code, as well as the procedure for termination of employment in connection with the transfer of employment law rights and obligations under the provisions of Section 338 et seq. of the Labour Code. The author also compares the domestic regulation with legal systems relatively close to the Czech Republic, namely the Slovak and Hungarian legal systems. By focusing on the essential aspects of the regulation of severance pay in the respective countries (which the author considers to be, for the purposes of the relevant chapter, the amount of severance pay and the legal...
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The comparison of termination of labour relation in Czech and Slovak republic
Šebo, Eduard ; Hůrka, Petr (advisor) ; Štefko, Martin (referee)
This work deals with problems of the termination of labor relation in the Czech Republic, as well as Slovak Republic. I approached this topic by comparing the currently valid regulations as stated in the Labor Codes of the Czech and Slovak republics. I consider thorough knowledge of this issue to be of great practical importance. I am convinced that labour is one of the most important attributes determining systemic functioning of the whole society. From the presentation of the labour as a basic means of production of any state system we can deduce a great amount of interesting information. The work is and always has been a prerequisite to our survival and is thus the foundation of any state system. My thesis is divided into six separate chapters, each of which deals with labor law from a different perspective. The first chapter deals with the subject, purpose and content of labor law. The second chapter describes the history of the labor law and is divided into two parts before and after 1989. Therefore it also describes the situation in Czechoslovakia, where identical laws were applied in all legal sectors. The third chapter is concerned with the meaning of employment as a legal institute. In chapters four and five I described the termination of labor relation in the Czech and subsequently Slovak...
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Notice of termination of employment
Šmídová, Klára ; Štangová, Věra (advisor) ; Vysokajová, Margerita (referee)
This diploma thesis deals with the topic of the notice of termination of employment in the Czech labour law. The thesis sets out multiple primary goals. The first goal is to introduce the reader to the context of the legal framework of the notice of termination of employment, including an analysis of selected case law relevant to the topic. The second goal is to provide a comparative outline via the exploration of Belgian labour law and its legal regulation of the notice of termination of employment. Thirdly, the author reflects the findings gathered throughout the thesis and offers some amendments de lege ferenda. The diploma thesis is divided into eleven parts. The first three parts relate to the general description of the matter - the first is devoted to the labour law in the context of the legal system of the Czech Republic, the second is devoted to specific characteristics of an employment relationship and its subject and object. The third part discusses the termination of employment in general and it also takes into account the strategy of flexicurity. The fourth part aims at enlightening the effect of the international law and the law of the European Union on the legal regulation of the notice of termination of employment. The fifth part is devoted to the notice of termination of employment...
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Protection of Employees upon Termination of the Employment
Benešová, Lucie ; Štangová, Věra (advisor) ; Vysokajová, Margerita (referee)
The theme of this thesis is the protection of the eployees upon termination of the employment. The aim is to comprehensively assess the current legislation of termination of empoyment, with regard to the degree of protection that is provided to employees. It deals with the protection of employees, their position but also the claims related to the termination of the employment relationship. This thesis is dividend into five chapters, the first of which relates to the functions of labor law with an emphasis on the function of protection as a core function of labor law. With regard to weaker position of the employee to the employer, it is clear that labor law generally tries to balance this inequality or in some way eliminate it in order to provide the highest level of security. The second charter presents the core of this thesis and deals with the varoius types of termination of employment. It contains their assessement in relation to ensure adequate protection of employees but also the positives and negatives of legislation including possible aplication problems that are occured in practice. The emphasis is placed primarily on the termination of the employment relationship in view of the fact that the need to ensure a sufficient level of protection of employees in this unilateral termination method...
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Termination of employment in an international comparison - a comparison of the CR and the SR
Švecová, Lucia ; Štefko, Martin (advisor) ; Koldinská, Kristina (referee)
Termination of employment in an international comparison - a comparison of the Czech republic and the Slovakia Resumé: The aim of this thesis is to discuss the termination of employment contract from the multinational perspective, ČR a SR. Thesis is thematically divided into 4 large groups containing the termination of employment contract on international, Czech and Slovak legal grounds respectively alongside with the comparison of individual dissolution acts. Labor law is a legal discipline which is dynamically evolving and modernized whilst there are apparent differences in the comparison of labor law regulation within the EU member states. ČR and SR both approach the modernization of labor law in a different manner and the necessary flexibility of the labor market, employee protection and social security are incorporated in their systems of law with certain differences. The beginning of the thesis provides a brief excursus to the history of labor law. The following part aims to describe the institute of termination of employment contract in the context of international law regulation and its impact on Czech and Slovak labor law. Prior to the description of the individual means of termination of employment contract according to national regulations, there is a brief introduction into the issues of...
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Termination of employment due to employee's redundancy
Lacinová, Kateřina ; Tomšej, Jakub (advisor) ; Matějka Řehořová, Lucie (referee)
This diploma thesis deals with comprehensive analysis of the termination of an employment relationship due to employee's redundancy. The purpose of this diploma thesis is in detail description and analysis of material requirements that are needed to be fulfilled for the employer to be able to validly terminate the employee's employment for redundancy, considering relevant judicial cases. For this purpose, this diploma thesis puts emphasis on analysis of judicial decisions, especially decisions of the Supreme Court of the Czech Republic and the Constitutional Court of the Czech Republic. The text of this diploma thesis consists of an introduction, five main chapters and a conclusion. The first two chapters deals with termination of employment firstly from a general point of view and then from the point of view of employee's redundancy, to define the initial framework for the following chapters. The core of this diploma thesis is formed by the third chapter, containing comprehend analysis of all necessary requirements and problematic aspects related to termination of an employment relationship due to employee's redundancy. This chapter is followed by the fourth chapter which is devoted to defects in necessary material or procedural requirements and its negative consequences related to validity of...
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The notice of termination
Škopek, Petr ; Štangová, Věra (advisor) ; Vysokajová, Margerita (referee)
The purpose of the thesis is to provide a summary of the legal regulation and to point out legal problems connected with the Notice of termination in the Czech Republic. The thesis is composed of eleven chapters, the introduction and the conclusion. Chapter One is introductory and defines concept and position of Labour law in the system of law in the Czech Republic and function of Labour law. Chapter Two examines, in general relation, between Civil law and Labour law. In chapter Three, author tries to explain legal regulation of legal acts. The chapter consists of two parts. Part one focuses on legal regulation of legal acts in the Civil Code and Part two focuses on legal regulation of legal acts in the Labour Code. Chapter Four describes basic principles of Labour law. In chapter Five is short excursion to the history of labour legislation in our territory. This chapter is divided into three subchapters according to some important historical events of our labour legislation. Chapter Six concentrates on domestic source of law in the area of notice of termination. This chapter is divided into three parts. First part is about constitutional acts, second part is about statutes and third part is about case law in the Czech Republic. In chapter Seven are described international source of law in the area...
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Notice od termination of employment
Zvonař, Adam ; Štangová, Věra (advisor) ; Tomšej, Jakub (referee)
Notice od termination of employment Abstract The aim of the diploma thesis is to analyze the valid legal regulation of the institute of termination of employment. The thesis further defines other reasons leading to termination of employment in general and other institutes, which are inextricably linked with the termination of the employment relationship. The second goal is to think about a possible amendment to the existing legislation, which has brought more flexible elements to the issue of termination. The work is based on professional literature, court decisions of the Supreme Court of the Czech Republic and legal regulations, and the most important standard - the Labor Code. The diploma thesis is divided into six chapters. The first chapter deals with labor law in its general conception in the system of law and its relationship to civil law, where it deals in more detail with the principle of delegation and subsidiarity. The second chapter generally deals with all the ways in which the employment of termination of the institute can be terminated, which is discussed in more detail in the next chapter. The third chapter is crucial, as it comprehensively examines the institute of termination of employment. It includes subchapters that deal with other institutes that are inextricably linked to the...
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